From what income is child support not withheld?

Author of the article: Anastasia Ivanova Last modified: January 2020 1819

To find out from what income alimony is withheld, you should pay attention to the Decree of the Government of the Russian Federation No. 841, adopted on July 18, 1996. The regulatory act approves the list of earnings of persons exempt from calculating alimony payments. And the general rules for assigning and withholding alimony are reflected in the Family Code of the Russian Federation.

Decree of the Government of the Russian Federation of July 18, 1996 N 841

Legislation

The fundamental legal act obliging parents to support minor children, and, if necessary, to pay child support for them, is the RF IC:

When collecting funds, bailiffs are guided by the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. There are two options here:

1. The recipient of alimony independently applies to the organization at the payer’s place of work with a writ of execution. The accounting department automatically transfers funds for the child every month after presenting the document; the payer’s consent is not required.
2. The woman receives a writ of execution and submits it to the FSSP. This method is relevant when she does not know her place of work or there are other reasons why she cannot solve the problem on her own. Even if the recipient knows where the person obligated for alimony is employed, the bailiffs have no right to refuse to accept the form.

Important! If a woman is unmotivatedly refused to accept a writ of execution by the FSSP, she can send a complaint to higher management, attaching a copy of the written refusal.

Methods for collecting alimony

As mentioned earlier, according to the law, there are three ways to collect alimony from wages and other income:

1. Conclusion of an alimony agreement. The parties independently determine how, when and in what amounts money will be transferred. They can set any payment period: monthly, every quarter, semi-annually, annually, one-time.
2. Filing a claim in court. Here the plaintiff must apply at the place of registration of the payer, but if this is not possible, at his own address. This option is used if there are disagreements between the parties or when the alimony payer is hiding. After the decision is formalized, a writ of execution is created, and if necessary, the bailiffs can put the payer on the wanted list, and if there are large debts, seize his property for subsequent sale in order to pay off the debt.
3. Filing an application for a court order. The payer can subsequently appeal this document within 10 days, and the registration is carried out without his participation. For this reason, it is more convenient to receive an order if there are no disagreements between the former spouses.

Agreement on payment of alimony (sample) Statement of claim for collection of child support (sample)

Application for issuance of a court order for the collection of alimony (sample)

If, according to the writ of execution, the payer undertakes to pay funds as a percentage of the salary, the calculation is carried out as follows:

Expert commentary

Gorchakov Vladimir

Lawyer

When collecting alimony in a fixed sum of money, the amount is determined by the court individually, provided that as a result the child must retain the same amount of maintenance. The financial situation of both parents is also taken into account.

Indexation of child support in 2020

Indexing has already been discussed above. It concerns only fixed alimony that is established by the court. Shares are not indexed. Indexation is directly proportional to the indexation of the cost of living.

The need for indexing is due to the following. Collecting alimony from evaders can take a long time. And, for example, the amount of alimony assigned in 2005 will be negligible in 2020. Therefore, the increase in the amount of debt is tied to the increase in the cost of living. Consequently, the draft dodger's debt will increase annually.

The cost of living for the first half of 2019 is now known. It was established by Order of the Ministry of Labor and Social Protection of the Russian Federation No. 561n dated 08/09/2019. The same amount will become the minimum wage and subsistence level for 2020. For the working population - 12,130 rubles, for children - 11,004 rubles. This is what we should proceed from when calculating alimony.

What is alimony collected from?

The income of citizens in the Russian Federation is conventionally divided into two large groups:

1. Wages and other allowances received by a person in the course of work;
2. Bonuses, compensation payments and other cash receipts that are not monetary remuneration for work.

In each of the categories there are payments from which payments in favor of minor children are collected.

Income received from work

Paragraph 1 of Government Resolution No. 841 specifies the types of monetary remuneration for work from which alimony payments are calculated. The list includes:

• Salary calculated according to the tariff established by the enterprise;
• From piecework wages;
• Percentage received from the sale of goods that are non-monetary payment for labor activities;
• Commission payments paid for the provision of services;
• Pay received for overtime work, including night work and work on weekends or holidays;
• Contents due to government officials for performing their service;
• Fees for cultural workers;
• Allowances awarded for special merits, including attainment of rank, title and length of service;
• Payment for sick leave and vacations;
• Regional payments established by local authorities;
• Payments for hazardous work or other bonuses assigned to employees under particularly difficult working conditions.

From the earnings of citizens held in places of detention or sentenced to perform correctional labor, in accordance with paragraph 4 of Government Decree No. 841, the portion established for the maintenance of needy persons is also deducted. In fact, almost any type of payment for work activity provided for by labor legislation is income subject to alimony.

Important! As a general rule, alimony is withheld not from the advance payment, but from the basic payment for work. An exception is the case when the advance is the only income due to the employee for the current calendar month.

Other payments subject to alimony withholding

Alimony payments are calculated not only from wages, but also from other income of the person. Clause 2 of the Government of the Russian Federation No. 841 obliges payments to be made in favor of needy relatives from:

• Pensions. At the same time, not only the allowance assigned by the state is taken into account as income, but also various allowances, and the required preferential additional payments and compensations;
• Scholarships. At the same time, the category of the educational institution paying money to the student does not play a role - alimony is calculated from payments from higher, secondary and primary institutions. A sum of money is also withheld from payments to graduate students and doctoral students in favor of needy relatives.
• Unemployment benefits, if this is provided for by a court order or an agreement concluded between the parties on the payment of alimony. Payments due for temporary disability are also taken into account when calculating alimony;
• Payments paid upon liquidation of an organization or reduction of the current staff of an enterprise;
• Income of miners;
• Money received by entrepreneurs operating without registering a legal entity. At the same time, the amount from which alimony payments are calculated does not include expenses incurred by the individual entrepreneur;
• Payments received during the delivery of real estate under a lease or rental agreement for real estate;
• Payments due to holders of shares and other securities;
• Compensations due to victims of a natural disaster, terrorist attack or radiation exposure;
• Payments for notary or lawyer services, accompanied by the signing of an agreement on their provision;
• Payments for the implementation of copyrights;
• An amount equal to compensation payment for food, if the latter does not fall into the category of treatment and prevention.

Grounds and procedure for retention

Payments in favor of needy family members are sought during enforcement proceedings. The following documents serve as the basis for recovery:

1. Performance list;
2. A voluntary agreement concluded between the alimony payer and a citizen in need, in the case of minors and incompetents - their legal representative;
3. Court order.

The papers are sent to the accounting department of the enterprise, which will subsequently withhold part of the alimony payer’s wages in favor of the person indicated in the received document.
The duty to notify the company where the citizen paying alimony works is assigned to bailiffs, but the recipient of alimony payments can also hand over the documentation directly. The procedure for payments and their amount are already contained in the paper, which is the basis for starting enforcement proceedings. Expert commentary

Kamensky Yuri

Lawyer

It is possible to obtain alimony from additional income, if a person refuses to voluntarily include it in an existing agreement, only in the course of court proceedings. In this case, the authority must provide evidence of the receipt of additional funds by the alimony payer. They serve as documentary evidence or testimony.

Income exempt from calculating alimony

The law of the Russian Federation exempts certain types of payments from the calculation of alimony. The list of incomes not provided for fulfilling alimony obligations in Article 101 of Federal Law No. 229-FZ, adopted on October 2, 2007, has been approved. It includes:

• Compensation due for damage to the health of an individual;
• Pensions assigned to persons who have lost their breadwinner, as well as payments to them;
• Payments due to minors whose parents are wanted;
• Compensations received by citizens caring for the disabled;
• Payments for tool wear;
• Business travel;
• Maternal capital;
• Humanitarian assistance to persons subjected to terrorist attacks, radiation exposure or in other adverse circumstances;
• Funeral payments and compensation for the death of a family member;
• One-time financial assistance paid by the state or local regional authorities;
• Child benefits;
• A reward given for assisting authorities in catching criminals or preventing a terrorist attack;
• Travel to the place of treatment or recovery, paid from the state or regional budget;
• Funds allocated by the employer to pay for travel packages for employees or their children.

Alimony assigned as financial assistance to an individual is not calculated from these payments. However, if the money is collected for the financial support of a minor, then you will have to say goodbye to some of the income. In particular, alimony payments are assigned exclusively to the child based on the compensation received for harm caused to health.

From what amounts is child support not withheld?

Alimony is not withheld from the amounts of compensation and payments received from the employer in accordance with labor legislation:

• severance pay received from the employer in connection with dismissal;
• compensation payment received in connection with a business trip, transfer or assignment to work in another place;
• compensation received from the employer for the use of personal tools and materials at work;
• one-time bonus;
• employer compensation for the cost of a trip to a health facility, for travel to the place of treatment and back;
• financial assistance received from the employer in connection with a natural disaster and fire, a terrorist attack and injury;
• financial assistance received in connection with the registration of marriage and the birth of children, the death of a close relative;

Procedure for calculating alimony

If the writ of execution establishes that payments to a minor are made as a percentage of the payer’s income, the calculation must be guided by this very condition. When a fixed amount is indicated in the document, only this amount is collected, but this is relevant when the alimony-obligated person receives a salary in foreign currency, or his permanent income cannot be established.

Father has official income

If the payer is officially employed, everything is very simple:

1. The bailiff sends the writ of execution to the place of his employment.
2. The accountant independently deducts money from the salary every month.

Let's look at calculation examples:

Option 1. The father has one child. The salary is 30,000 rubles. The calculation will be carried out like this:

30,000 x 25% = 7,500 rub. per child, 22,500 remains for the payer.

Option 2. The father has three children from different marriages, earnings - 30,000 rubles. According to the law, in this case, no more than 50% can be withheld from his salary, regardless of the number and order of marriages. If there were no restrictions, the man would have to transfer 25% for each, in total - 75% of income or 22,500 rubles. in monetary terms. According to the law, the calculation will be carried out as follows:

1. First, 25% is assigned to the first child, i.e. 7,500 rub.
2. When alimony is assigned for the second child, 33% or 9,900 rubles are transferred to two children. Thus, each of them will receive 4,950 rubles. In this case, payments to the first are reduced, but the law is on the side of the fathers.
3. The amount of child support for three children will be 50% or 15,000 rubles, each of them - 5,000 rubles.

If the court sets alimony in a fixed amount, the regional level of the cost of living for the child will be used for the calculation.

If the father doesn't work

An unemployed father will also have to pay child support, but it all depends on the situation. For example, if the debtor is registered with the Employment Center, interest will be deducted from the amount of the benefit.

If the amount of income cannot be determined due to its absence or deliberate concealment, you will still have to pay money - payments will be established in a fixed amount. They cannot be ignored, otherwise the alimony holder will accumulate a debt equal to 0.1% of the amount owed for each day of delay.

Let's look at a detailed example of calculating penalties:

In Alyabyev O.N. a child support debt in the amount of 300,000 rubles was incurred, the delay was 432 calendar days. 300,000 x 0.1% = 300 rub. penalty for one day.

300 x 432 = 129,600 rub. - penalty for the entire time.

129,000 + 300,000 = 429,600 rubles. – total to be paid along with penalties.

Voluntary alimony payments

The procedure for withholding alimony in the presence of good will is simple. It is enough to bring to the accounting department of the company where the payer works an application to withhold alimony from the salary. In the document please indicate:

• the date from which alimony is paid;
• alimony amount - fixed or share;
• timing of transfer of money in favor of the recipient;
• recipient's bank details.

Please attach a copy of the alimony agreement to your application. If alimony is established through the court, then instead of an agreement, bring a writ of execution.

When establishing alimony payments through the court, the judge relies on the current minimum wage. The minimum wage in this case is the minimum payment of child support . In 2020, the minimum wage is 12,130 rubles. That is, the amount of child support for 1 child is at least ¼ of the minimum wage or 3,032 rubles. 50 kopecks, for 2 people - 4,043 rubles. 33 kopecks, for 3 or more children - 6,065 rubles.

There is an important feature: if the payer works officially, but pays alimony below the amounts mentioned above, the claimant can contact the bailiffs or tax authorities . In this case, the authorities will organize an inspection of the enterprise and determine why the employee receives a salary below the minimum wage.

The paying parent may not have official income. Then the court focuses on the cost of living for the child in the region. Such payments are usually fixed and change only when the cost of living changes . Solid alimony is subject to annual indexation; shares are not indexed.

The subsistence level is the basis for the minimum amount of child support payments. The court may set the amount of alimony to be collected and more if the other parent provides evidence that the alimony payer can pay that much.

Methods for transferring alimony

To avoid the accrual of penalties and pay alimony on time, the payer can use any of the convenient methods:

Child support is calculated in any case, regardless of whether the payer is employed or not. If necessary, payments can also be collected in favor of the mother if she is on parental leave, and then the amount of payments can reach 70% of the payer’s income.

What payments are not subject to alimony?

• compensation payment for caring for a disabled citizen, received from the budget;
• funeral allowance (burial);
• the amount of money received for the financial support of children during the search for parents;
• assistance received for assistance in identifying, preventing and solving crimes;
• survivor's pension received from the federal budget or the budget of the Russian Federation;
• payments from the budget of any level to citizens with children;
• insurance payment received under a compulsory social insurance agreement (except for old-age and disability pensions, as well as temporary disability benefits);

Income from which alimony is not deducted also includes:

• inheritance received;
• prizes and state awards;
• humanitarian aid;
• maternal capital.

As you can see, there is quite a lot of income from which alimony is not deducted. All of them are protected by law from collection under executive documents. The remaining income is included in the list for withholding alimony.