How to write an application for voluntary payment of alimony

Application to the accounting department for withholding alimony (sample)

Content

There are no legal requirements for the application form. To correctly calculate payments, the accountant will need the following information:

• Full name of the recipient, details of the child;
• Full name of the payer, position;
• amount of alimony;
• income from which money will be withheld;
• start date of deductions;
• The procedure for transferring funds is monthly or 2 times a month.

For a simplified calculation, it is recommended to indicate monthly deductions. Salaries are transferred by law every 15 days, and division of alimony payments is also allowed.

Purpose

The obligation to support common children does not change upon divorce, therefore the parent who leaves the family must pay alimony for their maintenance.

According to the law, the transfer of alimony is made on the basis of a court order or an agreement concluded between the parents.

The alimony payer transfers money to the children monthly in the amount that he indicates in the application. It must be written in your own hand and submitted in writing to the accounting department.

Alternatively, funds for child support can be transferred from the employee’s salary if he submits an application to the company’s accounting department. The transfer of money begins on the basis of a personal application from the citizen to the accounting department and a writ of execution.

Grounds for deduction of alimony from wages upon application

Child support is awarded regardless of the presence or absence of an official divorce. It is enough to confirm in court the fact that the defendant does not participate in the financial support of the minor.

The result of court proceedings is the issuance of a writ of execution. The recipient has the right to present it for execution to the accounting department at the place of work of the alimony obligee. In addition to legal proceedings, collection is carried out by order, when a court order is issued. Other options are also possible:

• drawing up an alimony agreement by the parties;
• submission by the employee of an application to the accounting department for the voluntary transfer of alimony payments.

Important! Money is transferred using the recipient's bank details. Without them, the transfer of alimony by an accountant is impossible.

If the recipient refuses payments, it is recommended to open an account in the child’s name and transfer money there. In this case, the woman will subsequently not be able to prove the fact that her ex-husband evaded alimony obligations, since he will provide a bank account statement.

By court order

The court order is issued at the request of the claimant within 5 days. After the specified time, the document is handed over to the woman. She has the right to submit it to the accounting department at the payer’s place of employment.

The alimony obligee has the right to challenge the order within 10 days from the date of execution by filing an application for cancellation. After this period, the document comes into force.

The order is equal in importance to the writ of execution. A copy of it is provided to the accountant along with the application for withholding alimony.

According to the writ of execution

The writ of execution is issued by the court based on the results of judicial proceedings after the announcement of the operative part of the decision. The plaintiff has the right to submit it to the FSSP or the accounting department of the enterprise where the defendant is employed. Payment of alimony is made in the amount and manner provided for in the IL.

Voluntarily

The claimant does not have the right to file an application for withholding alimony if it is not supported by a writ of execution, a court order or an alimony agreement. The last document is concluded between the parties voluntarily by a notary and is equivalent to IL. In the agreement, the former spouses independently determine the amount, procedure and timing of payments.

The payer can independently contact the accounting department to withhold alimony payments. To do this, an application is submitted indicating specific amounts, deadlines and details of the recipient. In this case, executive documents are not required.

There is no deadline for filing an application. It can be filed at any time, even if the spouses are married. The requirements are subject to mandatory fulfillment; no grounds for refusal are provided.

Document requirements

It is necessary to take into account the requirements for business papers:

1. The title must indicate to whom the document is addressed and by whom it was written;
2. The main text is presented in such a way that it is clearly clear what the document is about;
3. The date of completion is required;
4. The compiler must personally sign the form.

The form is not legally approved, so the payer has the right to compose the text independently, taking into account the above rules. Then the document is transferred to the accounting department of the company where the employee works.

Determining the amount of alimony to be withheld

The amount depends on the financial situation of the parties, the number of children and the method of collection:

Calculation of alimony from salary

Having received a writ of execution or an employee’s statement, the accountant pays attention to the amount of alimony. It is important to observe several nuances here:

1. Deductions are made only after personal income tax and other government contributions have been withheld.
2. Money is transferred within 3 days after salary payment.
3. Personal income tax is withheld once a month - at the end of the reporting period, so it is more advisable to pay alimony along with your salary rather than with an advance.
4. When transferring an employee to another unit, the ID must be sent by mail in order to avoid the formation of debt through the fault of the organization.

At the initiative of the recipient, if alimony is not transferred on time, the accountant may be subject to administrative or disciplinary liability.

What responsibilities does the department have?

For accounting purposes, a writ of execution or a personal statement from the payer is the basis for transferring alimony to the recipient. Both documents cannot be submitted to the accounting department at the same time, since the parties come to a common decision after the divorce: either they come to a peaceful agreement, or the problem of payments is resolved through the court.

The accountant collects the amount or percentage of wages specified by the applicant.

This statement is sufficient if the parties have mutually agreed on the issue of alimony payments, together determined the amount of monthly payments and drew up an agreement on this, having it certified by a notary.

With regard to the commencement of the writ of execution, the payer’s actions are similar: he must submit to the accounting department a statement drawn up in his own hand with a request to begin the procedure for withholding money from wages based on a court order.

Payments

There are several options for collecting alimony payments from payers’ wages, but the most effective is considered to be the presence of a writ of execution in the accounting department where the alimony worker works.

The main advantage of the sheet is that accounting employees transfer money due to children by bank transfer, regardless of the payer himself.

The main condition that he must fulfill is to write the application correctly. This condition must be observed due to the fact that the law is not static, and changes and additions are periodically made to it. Accounting employees may not know the specifics of preparing official documents.

Control

In accordance with the law, the employer of the company where the alimony payer is employed assumes the responsibility to control the collection of alimony payments from the employee’s wages and other types of income. The basis for recovery is either an agreement or a writ of execution; they are equal in legal force.

If the enterprise does not control the fact of transfer of alimony and periodically check their transfer, the manager may be subject to a fine.

For late transfer of money, a penalty of 0.5% is added to the penalties for each missed day.

Indexation of alimony in a fixed amount

According to Art. 117 of the RF IC, indexation of alimony is carried out by an accountant at the payer’s place of work when he is provided with an ID.

• If payments are assigned as a share of earnings, only the salary is indexed.
• When paying fixed amounts, indexation is carried out after a change in the cost of living, regardless of the level of wages of the alimony obligee.

For a detailed study of the features of indexing, it is recommended to familiarize yourself with a practical example:

A citizen pays alimony in a fixed amount - 10,000 rubles. In March, the PM level was 9,300 rubles, in April it increased to 10,400 rubles.

10,400/9,300 = 1.12 – increase factor.

10,000 x 1.12 = 11,200 rubles. – payments for the child after indexation.

An example of voluntary transfer of alimony is also important:

The couple divorced in 2020. The woman did not file for alimony; the man decided to pay it himself after 1 month.

To calculate the amount, he set the previous level of costs per child (30,000 rubles monthly) and divided them by 2. It was decided to pay 15,000 rubles. The amount of earnings of the person liable for alimony is 35,000 rubles.

For voluntary deduction, the payer submitted an application to the accounting department at the place of employment. Money began to be transferred to the recipient’s bank account from the next salary.

Where to provide

Payments under the agreement are voluntary, so he can cancel his decision at any time: refuse or reduce the amount of transfers, but these actions are taken only with the consent of the other party, otherwise the alimony case is considered by the court at the claim of the alimony recipient.

In order for accounting employees to start transferring money monthly for child support, an order or simple consent of the manager is not required.

A personal statement from the payer to deduct the said amount from the salary is sufficient.

Is alimony provided from the state? The answer is presented in the article “Is it possible to receive alimony from the state in 2020?” You can find out how to apply for child support here.

Translation

According to the RF IC, the transfer of alimony funds to the payer must be made once a month on a certain day.

By law, this happens within 3 days from the date of payment of wages. This is the case when payments are made according to a writ of execution. At some enterprises, earned money is paid out twice a month. In this case, the transfer is timed to coincide with the payment that closes the month.

If there is a mutual agreement between the parties, which is reflected in a notarized agreement, then it may indicate other retention periods, up to weekly.

Indexing

Due to the fact that the country regularly changes the amount of the subsistence minimum, the minimum wage, social payments to the population are indexed.

In accordance with this, the employer is responsible for periodically indexing alimony payments. It applies if funds are paid in a fixed amount.

With interest deductions, the amount of alimony is directly dependent on income, so there is no need for indexation.

When indexing, the minimum wage is taken into account. The increase in the amount of alimony payments is made taking into account the percentage by which social payments increase in the country.

You can find out how the alimony court process works here.