Alimony from vacation pay: do you need to pay, how is it withheld?

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Is it necessary to pay alimony from vacation pay? This question is most often asked to lawyers during consultations by alimony payers and citizens receiving deductions. It is in the interests of the payer to reduce payments as much as possible and use the money for a pleasant pastime, but do not forget about minors living with a second parent and also in need of rest, health improvement, and satisfaction of other needs. The alimony provider is obliged to take part in the child’s life, helping financially regardless of the time of year or employment.

When to transfer?

According to labor legislation, accrual is carried out no later than 3 days before the start of the vacation. And the transfer of alimony is no later than 3 days after accrual of vacation pay to the employee.

Therefore, the transfer of alimony to the recipient must occur no later than the first day of vacation of the payer of alimony obligations.

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As a rule, accrual of vacation pay and deduction of alimony occurs simultaneously. The employee does not need to control whether alimony from vacation pay is paid on time and correctly. The law establishes that the organization whose employee is the payer is responsible for withholding alimony from vacation pay, as well as from the employee’s salary.

If the deduction is delayed and the due amount of money does not reach the recipient on time, the organization is responsible for this. The bailiff service monitors the timely and accurate calculation of alimony.

How is the amount of alimony determined in 2020?

Child support from vacation pay in 2020 depends on the number of children, however, this also applies to the full amount of payments:

if 1 child was born in a marriage, 25% of earnings are expected to be deducted;
for 2 children, one parent is entitled to allocate 33% of the salary;
if there are three or more children, then the father or mother sacrifices half of the income.

In 2020, several forms of assistance for child support are also expected. A fixed (fixed) payment is established in the following cases:

if wages are constantly changing;
it has been proven that the person receives income from the employer “in an envelope”;
a parent who does not live with the child ignores the option of finding a permanent job.

If a parent works several jobs at once, child support from vacation pay is calculated everywhere.

Calculation of alimony from vacation pay

In some cases, a fixed amount of alimony may be established by the court or by a written agreement between the recipient and the payer. Then there is no need to make a calculation - the organization deducts this amount from the vacation pay and transfers it to the recipient.

If alimony is calculated according to the general rule - as a share of earnings depending on the number of children, a calculation is made.

The calculation is carried out after withholding income tax of 13%. The amount of income tax is deducted from the amount of accrued vacation pay. Then the share of alimony is determined depending on the number of children:

for one child – 25% of vacation pay;
for two children – 33% vacation pay
for three children (or more) - 50% of vacation pay (maximum - 70%).

The amount of alimony due to be paid to the recipient is withheld from the amount of vacation pay remaining after deduction of income tax.

Established amounts of alimony

The size depends on which method was chosen during divorce:

Percentage of basic income.
A set amount, regardless of the amount of income.

In accordance with Russian law, the amount of payments may change:

25% – for one child;
33% – for two children;
50% – for three children.

If the spouses came to the second option, then the above percentages do not matter, because The agreed upon amount will be withheld, but it cannot be less than the minimum subsistence level established in the region. The amount is deducted from the employee’s net income. In this case, an agreement is concluded with a notarized amount, and the payer receives a writ of execution, which is a document obliging him to make monthly payments. He submits this document to the accounting department of the enterprise in which he is registered, so that they can calculate the specified amount from wages, because It is the employer who is responsible for timely payment in full of funds.

Calculation example

To calculate alimony, you need to know the amount of a citizen’s vacation pay. In most cases, the amount of vacation pay is the average salary for the year worked.

An example for calculation is:

The average employee salary is 60,000;
Mandatory tax of 13% is deducted from this amount. Those. the amount is 7800;
Accordingly, the amount of vacation pay is 60,000 – 7800 = 52,200;
The percentage of alimony is calculated from this amount: 52,200: 100 * 25 = 13,050 rubles per child. If there are more children, then you need to substitute a different percentage value and calculate according to a similar scheme.

Thus, based on this scheme, you can do without any specialized calculators and calculate the amount yourself in a few minutes.

Leave with a child and alimony

What if the payer takes the child with him on vacation? Sometimes parents, obligated to pay child support and take an active part in the child’s life, organize a joint vacation. Will you still have to pay child support in this case?

Yes, you will have to. The law does not establish that the recipient of alimony is obliged to return the money spent by the payer on the child in excess of the amount of alimony. If the father voluntarily takes the child with him on vacation and covers the associated expenses, his obligation to pay child support is not relieved. Of course, except in cases where the collection of alimony is terminated by a court decision.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Size

The amount of alimony is established on the basis of an agreement concluded between the parties, or on the basis of a judicial act (decision or order).

If the recipient has chosen an accrual in the form of a percentage of the payer’s income, then alimony will be:

A quarter of the payer’s income if there is one recipient (child).
A third of income if you have two children.
Half for three or more.

Alimony in a fixed amount is established in accordance with the court decision. In this case, issuing a court order is not possible, since there is a dispute about the law that can only be resolved through litigation.

When calculating the amount of alimony in a fixed amount, many factors must be taken into account, including the financial situation of the parties, whether they have additional income, their state of health, the presence of other dependents, and so on. The court takes into account all factors and makes a decision to collect alimony in a certain amount.

Withholding alimony from vacation pay

Alimony obligations are payments that are under special attention and control by the state, since they are assigned in order to protect the rights and interests of the most unprotected and financially vulnerable sections of society, which are minor children, disabled parents, pregnant women or women on maternity leave.

In order to ensure, at the highest possible level, support for children in need of alimony who have legalized their right to receive it, the list of income from which funds are withheld in favor of the recipient is quite wide and includes all types of wages, as well as other income of the payer approved in the Resolution Government of the Russian Federation dated July 18, 1996 No. 841 “List of types of wages and other income from which alimony for minor children is withheld” (hereinafter referred to as Resolution No. 841)

Parents obligated by a court decision (order) to pay monthly funds sometimes wonder: is child support withheld from vacation payments due to the employee?

Since vacation pay is an employee’s accrual from the salary during the vacation (rest) period due to previously worked time, the deduction of alimony from these payments is mandatory.

Are they holding on or not?

If the employer receives a writ of execution for alimony, then for each amount of income accrued to the employee, he must withhold the required percentage or amount.

Vacation pay is a type of salary and is also the income from which alimony interest must be withheld and transferred.

Deductions are made either as a fixed amount or as a percentage.

For example, for minor children the following is withheld:

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

In addition to the fact that alimony can be calculated in favor of children under 18 years of age, it can also be withheld for the maintenance of disabled parents, wives with young children.
The amount to be withheld is calculated not from the accrued amount of vacation pay, but from the income tax received after taxation.

The accountant must calculate the vacation pay, withhold 13% of personal income tax from it, and alimony is already calculated from the resulting value.

When to list – deadlines

Vacation pay is calculated and paid 3 days before the first day of the annual holiday. How to calculate vacation pay, see here.

Upon accrual, personal income tax is deducted, and then the alimony amount is transferred to the recipient.

This is usually done on the same day.

The deadline for payment is the pre-vacation day.

This procedure is performed by the accountant who carried out the calculation. If there is a writ of execution for alimony, then in accordance with its provisions, the accountant takes away the required amount and transfers it to the benefit of the recipient.

Receipt details are indicated in the court order.

Lien on children ends when they turn 18 years old.

If adulthood is reached at the time of being on vacation, then deduction must be made only from that part of the vacation pay that corresponds to the child’s minority.

If the age of majority is reached before the employee begins his vacation, no deduction is made.

Do I need to pay immediately after payment?

The withheld alimony amount must be transferred immediately after the payment of funds to the employee. This action takes 3 days.

The procedure for transferring funds according to the necessary details falls on the shoulders of the employer. It is he who must ensure that the transfers are made on time. The employee himself is not obliged to control anything.

As soon as the organization receives a writ of execution, the employer acquires the obligation to withhold and pay alimony.

It is important not to forget about this every time you pay income to an employee.

In case of violation of deadlines and untimely transfer, it will be the employer, and not the alimony payer, who will be held liable.

Example of deduction and transfer

Initial data:

Employee Potapov is the payer of alimony for the maintenance of two minor children - 33% is deducted from each amount of income.

Potapov’s vacation begins on June 22, 2020, vacation pay is accrued in the amount of 30,000.

When should an accountant transfer alimony and in what amount?

Calculation:

Vacation pay must be paid to Potapov no later than June 19, 2020, after deducting personal income tax of 13% and alimony of 33%.

Personal income tax = 30,000 * 13% = 3,900.

Holiday pay after tax = 30,000 – 3,900 = 26,100.

Alimony = 26,100 * 33% = 8,613.

Vacation payable = 26,100 – 8,613 = 17,487.

Is alimony calculated from vacation pay?

The organization or enterprise in which the payer is employed has the right to calculate alimony from his wages (including bonuses, sick leave, vacation funds) strictly if there is a documentary basis for this, which is:

a court decision or court order and a writ of execution issued on their basis (with a clearly stated procedure or specific amount of withholding of funds);
alimony notarial agreement (original or certified copy), equal in legal force to a writ of execution.

If a parent, who once voluntarily agreed to conclude such a document, subsequently evades its execution, the recipient of the funds has the right to directly transfer the agreement to the debtor’s place of work and demand the accrual of alimony in accordance with clause 2 of Art. 109 RF IC.

This is important to know: Judicial practice of the RF Armed Forces in cases of collection of alimony in a fixed amount of money

According to the law, there are no other grounds on which funds may be withheld from an employee’s vacation payments.

Is alimony calculated from vacation pay?

The list of sources of funds involved in alimony can be found in Russian Government Decree No. 841. According to this regulatory document, vacation pay is included in the income from which alimony is collected.

This is important to know: Academic leave at the university: how to get it, grounds for granting leave

Requests for funds for the maintenance of a minor child or other dependent are carried out by employees of the bailiff service or accounting employees of the employer of the child support recipient. The basis for requesting financial assistance is an executive document. There are three types of ID:

settlement agreement drawn up between the recipient and the payer;
a court order issued by a magistrate;
a writ of execution issued following a trial.

Important! If the alimony obligee, who voluntarily agreed to transfer part of his income to the needs of the child, for any reason began to evade fulfillment of the agreement, the recipient has the right to forcibly collect the money with the help of FSSP employees. This rule is regulated by paragraph 2 of Article 109 of the RF IC.

Procedure and terms for transferring alimony from vacation pay

After the writ of execution reaches the payer’s workplace, responsibility for its execution actually falls on the head (director) of the organization and the accounting department (represented by the chief accountant). The bailiff has the right to monitor the accuracy and completeness of the calculation of alimony in favor of the recipient, and even conduct checks if necessary. If the funds are received by the claimant in the full required amount and on time, the enforcement proceedings are closed.

The period for receipt of funds to the recipient when calculating alimony from payments for vacation is regulated by articles of two codes at once - Labor and Family, namely:

Art. 136 of the Labor Code of the Russian Federation establishes that vacation funds must be accrued to the worker three days before he actually goes on vacation;
Art. 109 of the RF IC states that alimony funds must be transferred within three days from the date of payment to the employee of wages (which also includes vacation funds).

Thus, deductions from vacation pay must reach the recipient on the date of his actual departure for vacation.

Answer a few simple questions and get a selection of site materials for your case ↙

Example

Employee Popov I.N. goes on vacation from May 12, 2020. According to Art. 136 of the Labor Code of the Russian Federation, vacation payments were received by them on 05/09/2017. In accordance with Art. 109 of the RF IC, alimony to his ex-wife for the maintenance of their son must be received from 05/09/2017 to 05/12/2017, where May 12 is the last day on which the accounting department is obliged to transfer the required funds in order to avoid violation of the law.

If the recipient becomes aware that the debtor is on vacation and the funds did not arrive on time, you can write a statement addressed to the head of the enterprise and at the same time to the bailiff service about a violation of family law according to the sample presented below.

To the head of Flot-finance LLC A.M. Rembaev

Dear Arsen Mukhtarovich!

On May 20, I learned that gr. Vasin O.A. is on regular paid leave from May 11, 2020 to June 6, 2017. After a call to the accounting department of your company, this information was confirmed, however, in violation of Art. 109 of the RF IC, Resolution No. 841 of June 18, 1996 - the amount of alimony funds for vacation payments was not transferred to me within the period established by law - no later than three days from the date of receipt of this payment by the employee.

In order to avoid further violation of the law and the application of liability measures, I ask you to resolve the issue of accruing alimony funds to me from vacation payments to employee Vasin O.A. during his stay on vacation - from 05/11/2017 to 06/06/2017.

In the event of a lack of response and failure to eliminate this violation, such information will be sent to the district bailiff department.

“___” __________ 2020 ______________ N.Yu. Vasina

Applications can be found at the following link.

If a person has other monetary obligations subject to withholding (debts on loans, administrative fines, compensation payments for damage, etc.), you should be aware that the calculation of alimony cannot be made on the basis of residual or priority, but is in strict order priority.

According to Resolution No. 841, alimony is withheld from all types of leave:

main
additional,
for irregular working hours,
with compensation for unused vacation upon dismissal of an employee.

Person responsible for accrual

After one of the documents on the withholding of funds as an alimony obligation (a writ of execution or a notarial agreement) reaches the enterprise where the payer is employed, responsibility for their execution falls entirely on the head of the enterprise , as well as on the employees making this withholding, in particular , for the chief accountant. This condition is regulated by Article 109 of the Family Code of the Russian Federation.

At the same time, the bailiff can monitor the completeness and correctness of deductions of alimony obligations, and, if necessary, carry out appropriate checks.

If the employer transfers alimony on time and in full, then the enforcement proceedings are considered completed.

Otherwise, according to Article 113 of Federal Law No. 229 “On Enforcement Proceedings,” the person charged with this responsibility is subject to punishment in the form of administrative or criminal liability.

This is important to know: Vacations according to the Labor Code of the Russian Federation: types, duration, how to pay

How to calculate alimony payments from vacation pay

Since alimony is assigned from the amount received in pure form by the employee, its calculation (including from vacation payments) is made only after income tax has been withheld .

As for the amount of alimony, it must be indicated in the writ of execution, court order or agreement in accordance with Art. 81 RF IC:

The formula for calculating the amount of vacation payments is presented as follows:

Alimony from vacation = (amount to be paid - income tax) * share of alimony withholding according to the writ of execution

Example

Retention percentage - 1/4 (or 0.25)

Formula for calculations:

How are they calculated?

First of all, the amount of vacation pay itself is calculated. The calculation is made in accordance with the general procedure, which is regulated by Chapter 19 of the Labor Code of the Russian Federation.
Then, personal income tax is withheld from the accrued amount. Moreover, if an employee has the right to tax deductions (for example, for children), then they are applied when calculating the tax, thereby increasing the amount of income from which alimony will be calculated.
After the tax is withheld, alimony is calculated in the amount specified in the writ of execution. The formula for calculating the amount of alimony from vacation payments is as follows:
Vacation alimony = (amount of accrued vacation pay - income tax) * share of alimony withholding according to the writ of execution.
If the writ of execution specifies a fixed amount of deductions, then exactly as much as is written in the writ of execution is deducted. The amount remaining after withholding tax and alimony is due to be paid by the employee to the alimony payer.
Read also: What to do if the heir has entered into an inheritance, but has not registered ownership?

If a person has other monetary obligations subject to withholding (debts on loans, administrative fines, compensation payments for damage, etc.), you should be aware that the calculation of alimony cannot be made on the basis of residual or priority, but is in strict order priority.

Is alimony calculated from vacation pay?

Reading time: 5 minutes

Alimony is calculated for all types of earnings received by the person obligated to pay alimony.

The Family Code, regulating the types of income that can serve as the basic unit for calculating alimony payments, refers to a special list determined by Government Decree of the Russian Federation No. 841 (date of adoption July 18, 1996, as amended on April 9, 2015), which lists all financial income of the parent that will be taken into account for the fulfillment of his obligations to support minors.

The main source of deductions is the salary of the payer, but periods during which the employee does not directly perform a labor function are also separately identified, but the amount of his average earnings is retained. A typical example of this situation is vacation time, but an even more typical question is whether alimony is paid from vacation pay? The answer is unequivocal - YES, because vacation pay is the same type of income as wages and the assumption that during the specified period of time the payer is released from the obligation to transfer alimony is erroneous.

Is alimony deducted from vacation pay and how?

Let's consider step by step the procedure for calculating alimony from the payer's vacation pay. The first thing you need to remember is that the basis for calculations is not accruals in full, but only the amount received by the employee, minus all deductions.

Personal income tax (13%) is deducted from accrued vacation pay, and only after that the share of income that, in accordance with the law, is due to the recipient of alimony is calculated.

The next feature of withholding alimony from vacation pay is compliance with the statutory deadlines. The Labor Code (Article 136) speaks of the employer’s obligation to make payments due to the employee (by card or in cash) no later than three days before the vacation.

This is important to know: How to apply for alimony if the defendant’s place of residence is unknown

Regarding the transfer of alimony, both the law regulating the specifics of enforcement proceedings and the Family Code speak of a different three-day period - no later than three days after the date the employee receives earnings, the accounting department must calculate alimony from vacation pay. When to transfer this payment, the law also gives an answer - for everything about everything, including calculation, a period of no more than 3 working days is given, after which alimony payments must be received in favor of the recipient.

Accordingly, by comparing the terms, we can conclude that only such payment of maintenance will be appropriate, which took place before the day the employee began rest. The most common approach is in which a one-time transfer of income to the employee is made and the required share is transferred to the minor.

When are they transferred?

The procedure for calculating and transferring funds related to alimony payments is regulated by labor legislation. According to the regulations, accrual is carried out three days before the employee goes on vacation. Transfer of alimony funds from the accrued amount of vacation pay is also made within three days.

It should be noted that the accrual and timely transfer of these funds is controlled by bailiffs. Therefore, if the due amount reaches the recipient later than the deadline specified in the legislation, the organization whose employee went on vacation will bear administrative responsibility for the delay.

How is alimony calculated from vacation pay?

Let's give an example of calculating maintenance: the father is obliged to pay certain alimony amounts in favor of one minor. He plans to take a vacation from September 20 to October 1. It turns out that the accounting department of an organization is obliged to:

firstly, pay the employee vacation pay until September 17;
secondly, deduct alimony from vacation pay and transfer it to the recipient or give it in cash from September 17 to September 20. In this case, it is possible to carry out both of these actions simultaneously;
thirdly, calculate payments as follows: subtract 13% of the personal income tax from the amount of vacation contributions, and then multiply the resulting number by a decimal fraction indicating the statutory share of contributions based on the number of children (0.25, if one child, 0 .33 – if two, 0.5 – if three or more). Thus, you can avoid asking the question of whether employees pay alimony from vacation pay and independently determine the amount of alimony that requires deductions.

The employee receives the amount of vacation pay minus tax and the amount of alimony, calculated using a formula similar to calculating alimony from wages.

Withholding alimony from vacation pay

Parents obligated by a court decision (order) to pay monthly funds sometimes wonder: is child support withheld from vacation payments due to the employee?

Since vacation pay is an employee’s accrual from the salary during the vacation (rest) period due to previously worked time, the deduction of alimony from these payments is mandatory.

Legal basis

The basic law, which specifies the list of income from which alimony is withheld, is Decree of the Government of the Russian Federation No. 841 of July 18, 1996. It states that alimony is calculated from vacation pay - this means that the payer must contact the recipient or an FSSP employee before the vacation. You will need to warn them about paying a smaller amount due to going on vacation. Collection of funds can occur on the basis of a court decision or an agreement between spouses. It is worth considering both of these nuances in more detail.

Child support payments are regulated by law

Payment based on agreement

Upon agreement, the parties enter into an agreement and have it certified by a notary. It must reflect the full names of the parties, the method of transferring funds, the amount, the possibility of indexation and other nuances that the spouses consider necessary to provide. It is important to understand that the agreement should not contradict the norms of current legislation. You can easily find a sample of it on the Internet, but you can also compose it in free form. There is also the option of contacting a practicing lawyer to draw up the necessary document.

Example agreement

Payment according to writ of execution

If during a divorce through the court one of the parties filed a claim for alimony, then it is assigned after considering all the arguments. The judgment is issued to each party and is also given to the bailiff. After this, the bailiff can transfer the writ of execution to the debtor’s place of work or collect it in other possible ways. The payer also has the right to independently transfer funds according to the schedule.

Example of a writ of execution

Important . Delay in payments is grounds for the accrual of penalties if the FSSP employee does not have a corresponding statement about the presence of financial problems and a request for a deferment on payments.

Is alimony calculated from vacation pay?

a court decision or court order and a writ of execution issued on their basis (with a clearly stated procedure or specific amount of withholding of funds);
alimony notarial agreement (original or certified copy), equal in legal force to a writ of execution.

According to the law, there are no other grounds on which funds may be withheld from an employee’s vacation payments.

What is alimony payment?

Oddly enough, alimony is a concept that was used in ancient Rome. Literally it means food, maintenance of someone.

Currently, the concept of alimony does not exist at the legislative level. Nevertheless, based on common sense and guided, first of all, by the Family Code, we can say that alimony is those funds (maintenance) that the payer sends to members of his family who cannot provide for themselves .

Children who have not reached the age of majority (Article 24 of the RF IC)
To the spouse on the basis of Article 89 of the RF IC
Parents, adult children who, due to objective circumstances, are not able to support themselves (for example, due to serious illness or loss of ability to work). This is enshrined in Articles 85, 87 of the RF IC

This is important to know: Statement of claim for divorce: how to draw up correctly, form and sample 2020

Alimony can be paid either voluntarily or by court decision.

Long-term non-payment of these amounts is regulated by the Criminal Code and falls under Article 157 of the Criminal Code of the Russian Federation - malicious evasion of payment.

Control over the payment of alimony by court decision is carried out by the bailiff service on the basis of the Law “On Enforcement Proceedings”.

Procedure and terms for transferring alimony from vacation pay

The period for receipt of funds to the recipient when calculating alimony from payments for vacation is regulated by articles of two codes at once - Labor and Family, namely:

Art. 136 of the Labor Code of the Russian Federation establishes that vacation funds must be accrued to the worker three days before he actually goes on vacation;
Art. 109 of the RF IC states that alimony funds must be transferred within three days from the date of payment to the employee of wages (which also includes vacation funds).

Thus, deductions from vacation pay must reach the recipient on the date of his actual departure for vacation.

Answer a few simple questions and get a selection of site materials for your case ↙

Example

To the head of Flot-finance LLC A.M. Rembaev

Dear Arsen Mukhtarovich!

This is important to know: Is alimony withheld from financial assistance for vacation?

In the event of a lack of response and failure to eliminate this violation, such information will be sent to the district bailiff department.

“___” __________ 2020 ______________ N.Yu. Vasina

Applications can be found at the following link.

According to Resolution No. 841, alimony is withheld from all types of leave:

main
additional,
for irregular working hours,
with compensation for unused vacation upon dismissal of an employee.

Reasons for retention

To deduct child support from a parent's income, there must be a document of title. It could be:

court order;
writ of execution, which is also issued by the court;
voluntary, notarized agreement.

A notarized agreement has the same legal force as a court decision. Therefore, if a parent does not comply with the terms of the agreement, it can be submitted to the accounting department and an application for withholding child support can be written.

How to calculate alimony payments from vacation pay

Since alimony is assigned from the amount received in pure form by the employee, its calculation (including from vacation payments) is made only after income tax has been withheld .

As for the amount of alimony, it must be indicated in the writ of execution, court order or agreement in accordance with Art. 81 RF IC:

The formula for calculating the amount of vacation payments is presented as follows:

Alimony from vacation = (amount to be paid - income tax) * share of alimony withholding according to the writ of execution

Example

Retention percentage - 1/4 (or 0.25)

Formula for calculations:

Who does the tightening?

Collection of alimony is carried out in two ways:

Through the employer's accounting department.
Through the enforcement procedure.

The recipient may at his own discretion choose which method to use. Enforcement proceedings are more profitable if the payer also has other regular income, or there is arrears of alimony for the past period. Then the bailiffs will be able to collect it from other income.

If alimony from vacation payments is set as a percentage of income and, in addition to wages at one workplace, the employee has no other income, then a writ of execution can be submitted directly to the employer.

To do this, in addition to the sheet, you need to send an application, which must indicate the details for transferring funds.

The accountant will independently transfer part of the salary, as well as bonuses, vacation pay and other income of the payer to the account specified by the recipient.

How are child support funds distributed? The answer is presented in the article “How child support is divided.” You can find out whether child support is paid for disabled adult children here.

Is alimony deducted from vacation pay?

Alimony obligations are a state guarantee of the protection of the rights and material interests of vulnerable segments of society - minors and the disabled. Payments are made from the income of the alimony obligee, which includes all forms of monetary compensation for vacation. The effect of the writ of execution determines whether alimony from vacation pay is withheld or not.

From what income is alimony taken?

Is alimony withheld from vacation pay or not? The list of income from which payments are made includes:

official earnings, which, if necessary, can be documented;
income from business activities;
bonuses, incentives and compensation allowances;
payments for increased volume of work;
scholarships and pension contributions;
money received from rent.

Based on the above, it follows that alimony obligations also apply to vacation payments, therefore, alimony should be accrued from vacation periods.

Is alimony calculated from vacation pay?

Vacation pay is part of the earnings accrued to the employee during the vacation period. Monetary remuneration is a component of official income and is subject to withholding in the event of alimony obligations being established.

If vacation is not used, alimony payments are made from other income received. We are talking about compensation.

This opportunity is provided when:

vacation is transformed into payment;
the payer died and the heir receives the money;
an agreement on termination of employment relations has been signed;
employee transfer.

Withholding in favor of alimony is carried out from the following types of leave:

main annual;
additional;
for an unsystematic work schedule;
compensation.

Calculation of alimony from vacation pay (example)

The monthly salary amount is calculated by the employer's accounting department. Financial transactions have the following sequence:

Calculation of the amount of vacation payments. Determining the exact amount of monetary remuneration is regulated by the norms of the Labor Code of the Russian Federation and the provisions of local legal acts of the organization. The calculation process takes into account the following indicators:
duration of work at the last place of employment;
general experience;
number of days spent at work;
Availability of sick leave in the current month and more.
Income tax withholding. Personal income tax is 13% of earnings.
Tax deduction (if there are grounds).
Calculation from vacation payments. The general rules for the proportional form of calculation from earnings apply:
2 – 33 %;
3 or more – 50%.

Based on the above, the calculation formula looks like this: Amount of alimony = (amount of vacation payments - personal income tax (+ tax benefits)) * part of earnings (% according to the writ of execution).

The calculation of alimony for the current month is as follows:

Penalty for 4 days: (8700 * 0.5) * 4 = 174.

The costs stipulated by the procedure for transferring alimony are borne by the alimony obligee. The accountant has the right to pay the commission at the expense of the payer, immediately deducting the amount from vacation payments before directly releasing the money.

Deadlines for transferring alimony from vacation pay

In the process of receiving funds to the recipient, 2 deadlines are involved, regulated by the norms of the Labor and Family Codes:

3 days for accrual of vacation payments to an employee preceding the moment of going on vacation;
3 days to transfer money to the recipient from the moment the funds are issued (salaries, vacation pay, compensation).

Delay in transfer of alimony

If an employee for whom alimony obligations have been established is on vacation and the money has not been credited to the account, the recipient has the right to:

apply to the FSSP;
file a lawsuit.

The basis for the appeal is a violation of the law regarding compliance with the procedure for calculating alimony. One of the requirements may be the payment of a penalty and holding the perpetrators accountable.

Calculation of alimony

The parties must provide for the procedure for indexing alimony in the agreement, otherwise indexation will be carried out in accordance with the conditions set out in Art. 117 of the Family Code of the Russian Federation. This article establishes the requirement to index alimony:

If alimony is calculated for the maintenance of children, then its amount can be established in a child support agreement concluded between the parent obligated to pay alimony and the parent raising the child (or his guardian or custodian).

Lawyer's answers to questions about withholding alimony from vacation pay

How to calculate if a child turns 18 during vacation

Calculation of vacation pay taking into account personal income tax.
Determining the number of calendar days from the start of the vacation to the age of the dependent - the duration of the obligations.
Calculation of fees for one day.
Calculation of alimony for the period of validity of the writ of execution during vacation.

Is child support withheld if a child goes on vacation with a parent?

The possibility of temporary exemption from alimony payments can only be provided for by the terms of a notarial agreement between the parents.

If vacation pay is paid earlier and alimony is assigned later

In order to determine the possibility of paying alimony from previously paid vacation pay, it is necessary to find out the moment when monetary obligations begin during the time taken into account when paying vacation pay. The deduction of the amount of material support is subject to recovery from current earnings, and not paid for the past period. If, when comparing two time periods, no points of contact are found, alimony is not collected.