Advance alimony: withheld or not in 2020

What types of alimony are there, and how their type affects the collection procedure

Alimony from wages is withheld voluntarily or by force of law. In the first case, payments are made based on the employee’s application. The document confirming the payment of alimony is an agreement between the alimony payer (employee) and the recipient (in most cases, the ex-wife).

In order for the payments to be considered alimony, the agreement must be certified by a notary. In the second case, money is collected forcibly. The legal basis for this is the relevant court decision, as well as a writ of execution.

A lawyer’s answers to questions about withholding alimony from an advance payment

How to withhold alimony in the amount of 70% when the advance payment is 40%?

In this case, it is necessary to calculate the amount of deductions and proportionally distribute them from payments accrued as wages. Otherwise, the employer will face a problem:

violation of the requirement of Article 136 of the Labor Code of the Russian Federation to pay wages at least 2 times a month;
the payment does not cover the amount of alimony.

Is child support paid once or twice a month?

The answer depends on the amount of deduction and the proportionality of the advance with the rest of the salary. Article 109 of the RF IC defines a monthly procedure without the obligation to carry out collection more than once. The need for double withholding is due to the impossibility of fulfilling the alimony obligation at the expense of one part of the earnings due to insufficient funds.

Is it possible to withhold an advance payment as alimony debt?

In any case, full deduction of the advance payment is impossible, since these actions violate the labor rights of the alimony obligee. Collection of funds is carried out according to the preliminary calculation of the accountant, taking into account the specifics of the case and the remuneration system.

Is it legal for the accounting department to collect from advance payments and wages to a greater extent than established by the court?

The accounting department is obliged to withhold the amount strictly specified by the executive document. By withdrawing more, the accountant breaks the law.

From what income is alimony collected?

Alimony is divided into two categories. One of them is paid by parents (or siblings) in respect of minor children (or siblings). In this case, the payment is made from the income specified in the RF Regulation No. 841 dated July 18, 1996. Then the funds are calculated from the salary, including vacation pay, sick leave and business trips.

The second category is paid:

parents in relation to their disabled adult children;
on the contrary, by adult children in relation to parents who are disabled;
one spouse in relation to another;
by adults in relation to their brothers and sisters until they reach the age of 18;
grandparents in relation to their grandchildren and vice versa;
pupil in relation to educators;
stepson and stepdaughter in relation to adoptive parents.

This type of alimony is withheld from all income, except in cases provided by law.

Advance and salary

Is this legal, and what rights can I bring against them? You need to contact the state labor inspectorate with a demand for full payment of wages. In addition, if you work full time, you should be paid no less than the minimum wage, that is, 12 rubles.

Did the answer help you? Yes No If you have an employment contract, then within one year after dismissal, you can go to court to recover money from the employer.

Can the last salary payment be made when the month has not yet ended? For example: payments are made for April 10 and 25 and both payments are for April. The next month is May 10 and May 25 respectively, both for May? Right now the management says that we are switching to a standard calculation scheme, where the advance is 25, and the salary is 10 of the next month.

As a result, employees have a lot of questions and the feeling that we are losing money somewhere. This is how it should be according to the requirements of the Labor Code of the Russian Federation, since 25 he cannot pay a month’s salary because it has not been fully worked out. We got our salary on the 15th, advance payment on the 29th, I was on sick leave from the 7th to the 17th, turned in my sick leave and started work on the 18th, am I entitled to an advance payment?

Good luck to you and all the best, with respect, lawyer Ligostaeva A. Did the answer help you? Advance is not allowed. Did the accountant act correctly if the writ of execution came to work after the advance was paid, and at the end of the month I was given only a ruble? Allegedly, the advance payment was made in the middle of the month, but at that time there was no writ of execution. I have 3 minor children. What to do in such a situation? As a general rule, deductions from the advance payment are not made, but this is not prohibited by law.

Deductions from the advance payment will have to be made if the amount of salary due to the employee after the final payment of the advance payment is less than the amount of deductions. When the writ of execution is received after the advance payment, in the current month it is necessary to make a deduction from the remaining salary of the employee, and in the following months to make deductions from both the advance payment and the salary.

I got a job in the budget and the bailiffs and two bailiffs take off the pay and the advance. This is Shambora Yu. For one month, Shambora withdrew from her salary and Mazur took an advance payment and I received a ruble for a month. I am divorced and renting a room. My wife won’t let me go home.

This is sad, but why did you write this if you don’t ask or ask for anything? The deduction of funds by the accountant of your organization is made from the salary and other income of the debtor employee starting from the date of receipt of Resolution Part. When deductions are made under enforcement documents, more than 50 percent of the salary and other income of the advance cannot be withheld from the employee until the amounts collected are fully repaid, Art. The amount of deduction is calculated from net income, that is, after personal income tax is assessed.

From the above it follows that the accountant is doing everything correctly. Perhaps in this case it is necessary to cancel the court order. They will move in according to a court decision, etc. My husband was paid twice a month, and taxes were calculated on both parts. We have five children, four minors and one student. What tax can they charge? The amount of tax must correspond to the amount of payments. Yesterday I received a payslip at work, they calculated the advance income tax and according to the writ of execution. Please tell me, do they have the right to leave me without a salary?

They can’t leave you without a salary at all. You have the right to complain to the prosecutor's office. Vacation according to schedule from 1. All salary and vacation pay calculations are on one form, nothing is clear, is this legal? In accordance with Part. Therefore, the employer’s actions in this case are unlawful.

You can file a complaint with the labor inspectorate. Best regards, Alexey Musorin. Hello, I have a question for you: in April, I went into quarantine for the whole month, I stayed at home for work, they didn’t call me, they will pay me my salary and advance payment in May for April, Yulia.

It depends on whether you worked under an employment contract or under a civil law contract. The bailiffs withdrew the entire salary and advance payment for the debt and blocked the salary card, what should they do now and will withdraw the entire salary until I pay off the debt?

Write a statement that the card is a salary card and have it unblocked and a complaint to the prosecutor and the head of the bailiff department. Submit an application to the bailiff for a reduction in the amount of deductions as a percentage and to the court for an installment plan for the execution of the decision. I work as a paramedic in a kindergarten and am part of the staff of the Central District Hospital. Due to the pandemic, the kindergarten was closed on April 2, thus I was at home because there was no work. The Central District Hospital did not transfer to another position, and the downtime was not issued, at least no orders were given to sign. Now the advance salary for the first half of the month has arrived.

Only RUB came. What to do? Where can I contact? I have three children and a loan. What should we do now? Kirill, file a complaint with the labor inspectorate. We are closed during the coronavirus period. Our company LLC "VERONA" preschool and school meals did not pay us an advance until April 30th and they said that they would not expect to receive salaries for April on May 15th.

We would like to file a complaint with the prosecutor's office. What compelling evidence should be attached to the complaint so that they can verify it? We have about people ready to subscribe. Evidence of the absence of timely paid wages will be sufficient.

You can also contact the labor inspectorate. My wife did not receive any vacation pay for quarantine, what kind of lawlessness is it, to sit until September without money? And it’s not a fact that they will be counted again in September.

I work in the merchant navy on a 4 x 4 contract officially. Our crew stayed at home for 2 months more, that is, 6 months. The company sent us an application for an unscheduled advance and now it will be deducted from our salary. Is it possible to get the penalty back from the employer? Alas, no, since he has an employment contract with you, and not a contract for the provision of services. In the latter case, it would be possible to try to recover it under an article of the Civil Code of the Russian Federation. I work in a kindergarten; due to quarantine, the kindergarten did not work and, accordingly, neither did I.

Today is April 30th, the day the advance payment for April is transferred to the card. The money has not arrived and it is unclear whether the entire salary for April will be paid. The President, during a televised address to the people, said that the quarantine would not affect wages. That we will receive our salary as usual.

We don’t know what to expect and what to do in the current situation. We also don’t know whether your salary will actually be paid. If this does not happen, you have the right to contact the labor inspectorate or file a claim in court. This is right? If there is little money left to live on after the withholding, then contact the senior bailiff with an application to reduce the amount of the penalty. Attach documents confirming expenses and, accordingly, the impossibility of living on the balance after deduction.

If he refuses, then appeal to the court. My husband has accumulated arrears of alimony. It’s officially working now, how should alimony be paid? Both from salary and advance payment? What to live on? There are judicial tools for both reducing the amount of deductions and reducing the total amount of debt, but this does not always work and not in all cases. My husband wants to leave his job and return to his old place of work.

But the employer told him to look for a replacement, or he would leave on the grounds that he could not cope with his job responsibilities. Although the employer himself delays wages and advance payments. I also worked there and they gave me the calculations in 2 weeks, but my friend took my work permit since the office was in another city? Not clear question.

How is the maximum deduction from wages (average income) determined for calculating alimony?

If alimony is paid on the basis of an agreement between the payer and the recipient, then the largest deduction of amounts from the salary is not limited. This is indicated in paragraph 1 of Art. 103, 110 RF IC. However, it must be no less than the amount that would have been assessed by the court if the collection had been carried out by force.

When assigning alimony payments in court, their maximum amount is provided for by Law No. 229-FZ, as well as the Labor Code of the Russian Federation. According to these laws, child support for children under 18 years of age can reach 70%, and in other cases - 50%.

Payments for 1 child are equal to ¼ of the salary, for 2 – 1/3, and for more – half. But the court can either lower or increase this amount depending on specific circumstances.

In some cases, the court orders alimony in a fixed amount. If the income of the alimony payer is not enough to cover the required amount, the remaining money is collected from the following income.

Alimony is calculated only from the amount that remains after personal income tax is withheld. If for any reason this tax is not calculated, then the calculation is carried out on the entire amount. This is important to consider when asking whether alimony is withheld from a salary advance.

The fee for transferring money is paid at the expense of the alimony payer, but is taken into account when calculating the maximum amount. Thus, the percentage calculation formula is calculated as follows.

Alimony = (Income * Personal Income Tax) * Interest to be withheld.
Then you need to compare the amount of alimony with the income received by the employee to determine whether the limits approved by law are not exceeded.

How is alimony paid if the debtor pays on several writs of execution?

There may be situations when the payer, in addition to alimony obligations, has debts on taxes and civil contracts. The employer receives several writs of execution. In this case, the withholding amount may exceed 50%.

First of all, the employer will need to decide on the order of payments. Primarily includes:

child support payments;
compensation for harm to health;
compensation for loss of a breadwinner;
compensation for damage caused by a criminal act;
compensation for moral damage.

The second priority includes other debt obligations. The withholding limit should not exceed 70%.

Example 5. Kuznetsov O. pays maintenance for two children in the amount of 1/3 of income. The employer received a writ of execution to collect tax debts from the employee in the amount of 10,000 rubles. In January 2020, O. Kuznetsov was accrued the first part of his salary in the amount of 10,000 and the balance of his salary was 20,000. The calculation will be as follows:
20,000 + 10,000 = 30,000 (funds accrued towards wages for the entire period)
30,000 – 13% (3,900) = 26,100 (remaining after tax)
26,100 × 70% = 18,270 (withholding limit)
26,100 × 33% = 8,613 (financial assistance for children)
18,270 – 8,613 = 9,657 (amount to be withheld for tax debt)
So, the retention amount in January 2020 was 70%. Therefore, the employer transferred alimony from the advance payment in the amount of 10,000 × 33% = 3,300 rubles. From the balance of wages, 5,313 were transferred to the children, and 9,657 were transferred to pay off tax debts. A debt of 343 rubles remained outstanding. It will be liquidated in February 2020 after alimony payments are withheld.

Is alimony withheld from the advance payment and other nuances of enforcement proceedings?

An employer who is engaged in withholding alimony from his employee must understand that the corresponding amounts cannot be calculated in individual cases (the list of income is given above).

The decision on whether alimony will be withheld from the advance payment or not is made by the employer independently. At the same time, it is important to calculate so that when the main payment of part of the earnings is made, alimony is deducted in the established amount, taking into account the current restrictions. If alimony is paid in a maximum amount of 70%, then when the salary is divided into two equal parts, one goes towards these payments in full, and another 20% is taken from the other.

Whatever alimony is collected by the court, the first of all payments that is deducted from earnings is used to compensate for the harm caused, if any. This norm is specified in Article 855 of the Civil Code of the Russian Federation. Therefore, alimony, like other deductions from this income, is calculated only after the damage has been compensated.

Upon dismissal of the alimony payer, in accordance with Art. 111 of the RF IC, the company must inform the bailiff about this fact within 3 days. If a new place of work is known, this should also be reported to the service. This requirement must be complied with, otherwise the company may be fined. The official guilty of failure to inform will have to pay from 300 to 500 rubles, and the company - from 3,000 to 5,000 rubles.

There are types of payments that need to be considered when deciding whether to withhold child support from the advance. These include the following:

payments in kind;
from temporary disability benefits;
with part-time earnings and obligations.
from vacation amounts.

Alimony in kind

Since the natural form of calculation was chosen, alimony from an advance payment is not considered. Their size generally depends on property prices at the time of transfer to the alimony payer.

Disability contributions

In this case, retention is carried out in accordance with the general procedure. Therefore, alimony is collected from unemployment benefits, sick leave and other types of income.

Part-time work and obligations

The salary is included in the total income of the payer. Payments from the advance are calculated according to the general scheme, in accordance with the requirements of the court decision (and writ of execution) or agreement.

Alimony from vacation amounts

These amounts are withheld as a general rule. It makes no sense to distribute them over other months. Therefore, the money is transferred in a single transfer.

Alimony from advance

The legislator does not oblige to withhold alimony payments from the advance payment. However, if, in addition to this, the employee does not receive other money (for example, if he previously took a vacation or took a vacation at his own expense), then it is better to withhold alimony from the advance payment.

In many cases, the employer still does not calculate alimony from advances. This is done for the simple reason that, in general, taxes are deducted at the end of the month, and alimony payments are calculated from the funds that remain after personal income tax has been deducted. However, in situations where the amount of the advance is almost the same as the basic salary, it makes sense to deduct alimony from the advance.

From what point are alimony payments deducted from the advance payment?

The basis for withholding alimony is a writ of execution. Therefore, the employer’s accounting department does not have the right to make transfers from an employee’s salary until it is received by the organization from the bailiff.

It happens that an employee quits and does not work for some time. As a result, child support debt accumulates. After employment in a new place, the writ of execution is sent to the next employer.

He calculates subsequent payments from the moment the document is received. In this case, debt is not taken into account. The recipient of financial assistance will need to go to court with a claim to collect the debt.

Example 4. Belov E. pays alimony for his son in the amount of 1/4 of his income (25%). From January to March 2020, he did not work anywhere. As a result, a debt of 30,000 rubles accumulated. On April 1, 2019, he started working at a new job. The writ of execution was received by the employer on April 12. On the same day, the employee was given the first part of the salary, 7,000. At the end of the month, the remaining part of 28,000 was credited. The calculation will be as follows:
28,000 + 7,000 = 35,000 (salaries accrued for the entire period)
35,000 – 13% (4,550) = 30,450 (remaining after taxes)
30,450 × 25% = 7,612.50 (April allowance withheld)
The amount of alimony is less than 50%, so the accounting department calculated it at the end of the month. No deduction was made from the advance payment. Financial assistance for a minor was transferred only for April 2020, since the writ of execution was received in April. In order to collect the debt for January-March 2020, Belov’s ex-wife E. filed a lawsuit.

Documenting alimony payments: nuances

In order for the employer to fulfill all obligations effectively, it is recommended to maintain documents such as:

book of registration of writs of execution;
journal of alimony payments;
form for notifying the bailiffs about the dismissal of the alimony payer.

If the writ of execution is lost, the responsible employee will be fined up to 2,500 rubles. This is stated in Art. 431 Code of Civil Procedure of the Russian Federation. Therefore, it is advisable to appoint a separate person who would be responsible for storing the relevant documents and maintaining a ledger.

Writs of execution should be kept for 5 years, but not less than the period provided for by these documents, as well as another 3 years after the end of this period. These provisions are enshrined in Law No. 229-FZ, as well as on accounting.

The accounting journal helps to improve the overall efficiency of accounting for transfers to an employee. It can provide for different ways of classifying such payments (by the status of the alimony recipient, by how they are calculated, etc.).

Important! Such documents are assigned to the company's accounting department.

How to Withdraw Alimony from Salary or Advance Payment

Amount of alimony withheld from the advance payment = 5000 * 25% = 1,250.
Payment to the employee in person for the first half = 5000 – 1250 = 3750.
Salary for the second half of the month before tax = 5,000.
Alimony = (5,000 – 1,300 (personal income tax))*25% = 925.
Salary to be paid = 5,000 – 1,300 – 925 = 2,775.
Total amount withheld = 1250 + 925 = 2175.
For a month the employee receives = 3750 + 2775 = 6525.
According to the law, an accountant can withhold child support once from the salary for the second half:
Advance in hand = 5000.
Alimony from the remaining salary = (10,000 – 1300) * 25% = 2175.
On hand for the second part = 5000 – 1300 – 2175 = 1525.
Total payment for the monthly period = 5000 + 1525 = 6525.

How to withhold amounts under writs of execution from the advance payment or is it enough to transfer once from the salary for the second half of the month?

In what time frame should the transfer be made? (read more…)

Deductions according to writ of execution

It is these legal acts that provide the legislative basis for regulating issues related to deductions from the earnings of Russian citizens. Types of deductions from wages The current regulatory framework provides for the following types: 1. Mandatory deductions from wages are types of investigations from the wages of Russian citizens that are carried out on the basis of legislative norms. For example, personal income tax, which must be withheld from almost all types of income and receipts in favor of individuals. Mandatory deductions include not only personal income tax, but also deductions from wages based on a writ of execution: alimony, deductions from the earnings of convicted citizens. The key difference from other types is the presence of a legislative or administrative document on the basis of which deductions are made from debtors.