How to pay child support and not to your wife? Is it possible to transfer alimony to the account of a child under 18 years of age or to his savings book, and also to which account should the funds be allocated, where does the remaining 50 percent go?

Obligation to pay alimony

Family law stipulates that parents are obliged to support their minor children. Conscientious citizens do this voluntarily, but situations often arise when alimony has to be collected by going to court. If there is no dispute, then such a case is considered using an abbreviated procedure.

Judicial practice shows that the state always takes the child’s side and ensures that his rights and legitimate interests are not infringed. Thus, regardless of the existing relationship between the spouses, minors are assigned maintenance. Read more about what alimony is.

Amount of alimony per child in percentage equivalent

The maintenance of a minor requires 25% of his income from the alimony payer. Only the court can decide whether to reduce or increase the share in question. A reduction usually occurs if the alimony payer has received disabled status or is in a difficult life situation. Money can be collected under the following circumstances:

If the parents have drawn up an agreement among themselves, having it certified by a notary. In such a document, the amounts of payments are determined independently, but only on condition that the contents do not contradict the law.
Court order. The court itself decides on payments without involving parents.
Claim in the world court. The parties must document their position and actively participate in the procedure.

Sometimes an heir can receive money even after reaching adulthood due to incapacity or illness.

Legislation

The main legislative act regulating family and kinship relations is the Family Code of the Russian Federation. The procedure for collecting alimony is regulated by the Civil Procedure Code, as well as Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”. When making a final decision, the court also pays attention to various decisions of the Plenum of the Supreme Court of the Russian Federation.

How to transfer money to an account?

To transfer money to a minor’s bank account, it is enough to have his details at hand - they are indicated in the court decision and IL.

The procedure is carried out as follows:

A few days before the mandatory payment date, the payer transfers the funds. This can be done online or through the bank's operating office. The purpose of payment indicates: “child support (full name). When transferring through your personal account, this phrase is written in the comments. This is necessary so that the ex-wife cannot collect payments again - the payer will be able to prove the conscientious fulfillment of obligations.
It is recommended that you save the received transaction receipt.

Important! The term for transferring money depends on the specific bank, varies from 1 to 3 days, so it is recommended to make payments in advance. For each day of delay you will have to pay 0.1% of the total amount as a penalty.

Cases in which alimony is transferred to the child’s personal account

As a rule, those men who doubt the integrity of their ex-wife and have concerns about spending money for other purposes think about how to pay alimony to a child, and not to his wife. In all cases, the judge will be guided by the interests of the minor. Thus, the person receiving payments (usually the mother of a minor) is obliged to spend the money received on:

healthy and nutritious nutrition for the child;
necessary clothing;
treatment of a minor;
education and visits by the child to various developmental institutions;
providing the minor with other benefits.

In practice, there are situations when women believe that this is not money to support a child, but a certain kind of compensation from their ex-husband, which they can spend on personal purposes. Actually this is not true. Learn more about what a child support report looks like for a father.

Who has the right to initiate?

The RF IC states that a parent who is obligated to transfer money has the right to initiate a change in the method of paying money for the maintenance of minors.

In practice, recipients can also apply to the court for this - in both cases the conditions are the same:

Those obligated to pay alimony want to pay alimony to a bank account when they are not sure of the intended use of funds by the recipients or want the child to have an impressive amount by the time he reaches adulthood, sufficient to purchase real estate or expensive education abroad.
For recipients, transferring 50% of alimony is beneficial if families have a good income and do not need to pay full amounts, and also want their sons or daughters to have a large amount of money by the time they turn 18, which they can use at their discretion.

How to get a report on how child support is spent?

How to refuse child support?

Existing conditions for changing the procedure for paying alimony

If certain circumstances exist, the payer has the right to demand a change in the procedure for paying alimony. This is possible under the following conditions:

The party receiving the payments spends them for other purposes. As already noted, alimony should be aimed at the comprehensive and complete upbringing and development of the child, providing him with everything necessary. At the same time, the payer will still need to prove the misuse of funds, relying on such evidence as the basis for initiating legal proceedings.
The amount of payments exceeds the subsistence level and the amount required to support children. It is worth noting that if the other party does not agree with such changes and opposes their introduction, the payer, again, will have to prove the feasibility of its requirements.

At the same time, the recipient of such payments can also initiate changes in the procedure for paying alimony. In this case, the legislation does not provide any restrictions for this party.

Minimum amount of child support in 2021

The minimum amount of alimony depends on income or the cost of living. It should not be less than 25% of the minimum wage established in the region, which for 2021 is 12,792 rubles. Then you can perform a simple calculation:

(12,792 – 13%) × 25% =” 2,782 rubles. “26 kopecks.

This is exactly the minimum value when it comes to one baby. If we talk about a fixed amount, it is half of the child's subsistence level. But different regions of the Russian Federation have their own cost of living.

An unemployed person will not escape payment either. The funds will be taken from the benefit. The unemployed receive a minimum benefit of 1,500 rubles. This means that the baby is owed 375 rubles. You can see more details in the table.

How many children receive child support?	Amount of monthly payments (in rubles)
the amount of alimony for 1 child (a quarter of what is earned)	(12792 — 13%) / 4 = 2782,26
amount of alimony for two children (one third of earnings)	(12792 — 13%) / 3 = 3705,97
amount of child support for three or more children (half)	(12792 — 13%) / 2 = 5564,52

The procedure for obtaining permission to transfer alimony to children's accounts

You can transfer money to the child’s account by agreement between the parents, certified by a notary. In cases where an agreement on the payment of alimony already exists, you just need to make changes to it. If there is no such agreement, it is necessary to file an appeal to the court, since the RF IC stipulates that the payment of funds to the child’s account must be authorized by the court.

Where to submit documents

You need to contact the court that issued the court decision to pay alimony directly. It is located at the place of residence of the plaintiff or defendant.

List of required documents

Along with the claim, you must submit a standard list of documents to the court:

a court decision on the basis of which the obligation to pay funds for the maintenance of a minor arose;
a copy of the child's birth certificate;
copies of identification documents of the parties;
a copy of the marriage certificate or its divorce;
certificate of cohabitation of the child with one of the parents.

The application itself must contain the rationale for the demands put forward, as well as the details of the bank account to which the money is asked to be transferred.

Evidence in the case

In order for the court to satisfy the application and decide to transfer payments to the minor’s account, it is necessary to prove that his mother is not using the money for its intended purpose. Doing this in practice is not so easy. As a rule, the spouse does not provide her husband (ex-husband) with any reporting on alimony.

In addition, if part of the payments will be made to a bank card, the court must determine whether the remaining amount is sufficient to meet the child’s current needs. To do this, this figure is compared with the amount of alimony, which is transferred monthly.

Making a decision

The case is considered in court with the participation of the parties. However, their failure to appear in court is not an obstacle to the consideration of the claim. Having studied all the circumstances of the case, as well as the evidence provided, the court makes a decision that allows the division of payments by transferring half of the funds to the child’s account, or denies the right to transfer part of the money to the minor’s bank card.

Opening a children's account

Transferring child support to a child's bank account is a profitable investment. The deposit does not just lie idle, but increases with interest every year. You can arrange it by going through several preparatory stages. There is no way to do without formal registration of the procedure.

Contacting the bank

Opening a special purpose account is a popular service that can be provided by any modern bank. To provide it, it is necessary to collect documents such as the child’s birth certificate or passport, the payer’s passport and TIN. Contacting the bank will not take much time. Usually the procedure is completed within 10–20 minutes, after which a copy of the contract is issued. Since a minor child does not have the right to sign, his parent must sign for him.

Filing a claim in court

To start paying child support in the amount of 50% of the total amount to the child’s account, you need to file a claim with the court. A sample of it is presented below.

To the City District Court No. 9 of Moscow

Judge Marchenko A.A.

Plaintiff: Gavrilov Roman Gennadievich

Moscow, st. Prosveshcheniya, 14

Defendant: Komarova Natalya Anatolyevna

Moscow, st. Dekabristov, 106, apt. 67

Application to change the procedure for executing a court decision on the collection of alimony (by transferring part of it to the child’s account)

On December 12, 2009, the City District Court No. 9 of Moscow made a decision to collect alimony from the plaintiff in favor of the defendant in the amount of 25% of the income for the maintenance of Gavrilova’s minor daughter Alena Romanovna (11/18/2007). The average monthly amount of alimony withholding is 15,000 rubles.

In addition to alimony, I, Gavrilov Roman Gennadievich, buy gifts for the child and pay for sports clubs, which is confirmed by checks and payment receipts. Currently, the cost of living is 10,000 rubles. The amount of funds I transfer exceeds it by 50%. I consider it necessary to transfer part of the withheld alimony funds to a specialized bank account, which will not worsen the financial situation of my child. This method of transferring funds will contribute to their preservation and accumulation.

According to Art. 203 of the Civil Code of the Russian Federation, I ask you to take into account the interests of the minor and change the procedure for executing the court decision of December 12, 2009. The need to pay part of the alimony to the daughter’s personal account is also confirmed by the fact that her mother spends these funds for other purposes. Namely, she buys alcohol and holds noisy parties in her apartment, for which she has repeatedly received administrative fines (copies of documents are attached).

Procedure for making transfers to a child’s bank account

The employer withholds the agreed amount from the payer's salary within three days from the date of its accrual. According to the alimony agreement, you can transfer money yourself or through the accounting department.

Opening an account for a minor to receive alimony

For those who are interested in how not to pay alimony to their ex-wife, there is a way out - open an account for the child in any bank. Many banking institutions have even specially developed programs for saving and increasing funds. As a rule, they imply the possibility of regular replenishment of the account and withdrawal of money by certain persons who have the right to do so - directly by the child himself, his parents or guardians.

What documents are needed

To open a bank account for a child, you must prepare the following documents:

statement;
applicant's passport;
child's birth certificate.

The opening procedure itself will not take much time, and then you can go to court with the received details.

Methods for transferring funds

The court may impose the obligation to collect alimony and transfer it to the child to the payer’s employer, withholding a certain amount from his earnings every month. This is usually done through the accounting department. If there is no dispute between the parties and there is no need to go to court, the obligated parent can pay child support independently. This can be done in the following ways:

at the bank's cash desk;
through an ATM or payment terminal;
using online banking.

At the same time, it is recommended to save all receipts for transfers in order to avoid possible disagreements in the future and to have an evidence base.

Amount of child support in 2021 for two children

A third of the total income of the alimony payer is the amount of alimony for two children. Sometimes, for example, by court decision or in connection with an agreement between the parties, the amount may exceed the minimum considered. But the purpose depends on various factors:

Are the children healthy?
How financially secure the recipient is;
Is the person from whom money is being collected healthy?
Does the payer have any other children in previous or subsequent relationships;
Total income of the alimony payer.

Other factors may also be considered, depending on the individual situation. If circumstances allow, the designated share of funds may increase. But this is possible at the initiative of the recipient and if there are documents confirming such a need. Although changes in the amount can be either up or down.

Children must be minors. This applies to both. Sometimes the amount of child support for two children may remain the same after one of them reaches adulthood. But only on the condition that he is disabled.

Amount of alimony for 2 children from different marriages

The amount of child support for two children from different marriages is calculated according to the same principle as for children from the same relationship. The difference is that the total amount of payments is divided in half and half goes to each of their children. Thus, each child must receive at least 16.5% of the parent’s income. That is, 33% of his earnings will be withheld from the alimony payer, but this money will go to two families.

Minimum amount of child support for 2 children

The amount of child support for two children is directly dependent on the income of the payer’s parent. The minimum mark is 33% of earnings. But there are exceptions that are listed in paragraph 2 of Art. 81 IC RF.

Amount of alimony that can be transferred to the account

When wondering whether it is possible to transfer part of the alimony to the child’s account, take into account that it is very difficult to ensure that the money does not fall into the hands of the second parent at all, and is only allowed in certain cases. But there shouldn’t be any problems with translation in parts. This provision is expressly established by law.

Transfer half of the funds

Art. 60 of the RF IC provides for the transfer of 50 percent of alimony to the bank account of a minor, and the remaining half must be transferred to the disposal of the second parent with whom the child lives.

The 50% limit applies only in cases where the payer initiates a change in the alimony payment procedure. If the initiative comes from the recipient, then the percentage may increase.

The court may also set a lower percentage for transfer to the card. When making a decision, the following circumstances are taken into account:

size and method of calculating payments (fixed amount or as a share of earnings);
the minimum subsistence level established at the place of residence of the minor;
availability of additional assistance paid for the child.

The above-mentioned restriction is due to the fact that the child does not live independently, but with one of the parents, who supports him and provides him with everything necessary. Therefore, it is impossible to deprive him of financial assistance.

Transfer of the full amount

The law provides for cases when the entire amount of alimony can be transferred to a child’s bank account. These include:

Voluntary agreement between parents. An alimony agreement may provide for any amount of payments, which is not limited in any way by law. The main thing is that it is designed in accordance with all requirements. If parents, by mutual consent, want to change this order, they need to make appropriate changes to the agreement.
The child is fully supported by the state.
Having a child under guardianship or trusteeship, living in a foster family without deprivation of parental rights and adoption.

How is alimony divided when part of it is transferred to the child’s account?

Article 60 of the RF IC states that no more than half of the amount of alimony can be transferred to a child’s separate account. As a result, the funds remaining available to the recipient should not be less than the subsistence level in the region. During the consideration of the case, the court takes into account:

to what extent are the primary needs of the minor provided;
income level of the parent with whom the child lives.

Who can manage funds from a minor’s account

The following have the right to use money from the child’s account:

the child himself after reaching adulthood;
the parent who receives alimony, with the permission of the guardianship and trusteeship authorities, if the money is needed for the treatment or education of a minor.

The mother receiving payments for the child is his legal representative, therefore she has the right to manage the bank account of the minor. But, despite this, she cannot use these funds for personal purposes.

How can I use funds from my account in the future?

Such deposits have special protection. Despite the parent’s signature on the bank agreement, he cannot dispose of the funds at his own discretion. The exception is truly serious problems. For example, a child needs treatment; the apartment where he lives has burned down. In difficult situations, it is necessary to collect documents and send them to the guardianship authorities, who can provide their consent to withdraw funds from a specialized account.

Alimony transferred to the child’s personal account must be used for serious purposes: buying real estate, paying for education. This is exactly why they saved up in the bank.

But the child’s coming of age gives him the right to withdraw the deposit and dispose of it at his own discretion, if it was not intended. Therefore, it is better to play it safe from the beginning and create a target “piggy bank” so that the grown-up child does not waste money.

Court practice

Judicial practice of transferring alimony shows that it is possible to change the procedure for their payment. To do this, it is necessary to follow a certain procedure, and also remember that the establishment of such a procedure is the right of the court, and not its responsibility. Therefore, you need to try hard to prove the feasibility of introducing these changes.

The main difficulty in transferring dengue to a child’s account is to prove that the second parent is not using the funds received for their intended purpose. In addition, the various needs of the minor, his state of health and other circumstances are taken into account, as well as whether the remaining amount of alimony can provide a decent standard of living for the child.

Minimum amount of child support for one child

The minimum mark when calculating child support for 1 child is needed to prevent unscrupulous parents from deliberately underestimating their own income. True, there is no such mark in the current legislation. The reason for this is considered to be the fact that a fixed amount may disadvantage low-income citizens who are unable to pay.

The main criterion is that the combination of mother’s and father’s income can provide the child with a decent life. Therefore, contributions can be calculated both from the parent’s earnings and from the subsistence level for children in the designated region.

conclusions

Transferring funds to a minor's bank card is certainly very convenient. Thanks to modern technologies, this process can be brought to automation, thus almost completely eliminating the participation of the payer. In addition, this limits the second parent’s ability to use the funds paid, and the child, upon reaching adulthood, will already have some savings. However, there are also disadvantages to this procedure. For example, the payer will independently pay for the bank’s services, and must also keep all checks and receipts, which, if something happens, can serve as evidence of the transfer of funds. In addition, such a procedure should in no way worsen the financial situation of the child or limit his rights and legitimate interests.

Changing the method of paying alimony to open an account: step-by-step instructions

The procedure for transferring part of the alimony to the bank account of a minor is as follows:

The plaintiff collects evidence on the basis of which the court must satisfy the claims. If the applicant is the payer, information about misuse of alimony will be needed. This may include witness statements, pay stubs, and receipts. When filing a claim, the recipient's initiative is sufficient.
A statement of claim is drawn up and the state fee is paid. Details for paying the fee can be obtained on the official website of the court.
The claim with documents is submitted to the judicial authority.
Within 5 days, the judge decides to open proceedings.
The parties are sent notices with the date of the first hearing.
The plaintiff and defendant appear in court on the appointed day.
Proceedings last up to 2 months. Based on the results, a writ of execution (WW) and a court decision are issued.

A writ of execution is issued after the court decision enters into legal force. The interested party visits the bailiffs with him. It is also possible to submit a writ of execution to the accounting department of the enterprise if payments are calculated by an accountant.

Where to contact?

To change the method of payment of alimony, a claim is filed with the judicial authority that made the original decision.

If the value of the claims does not exceed 50,000 rubles, the cases are considered by the magistrates' courts. In other cases - regional.

How to file a claim?

Claims in civil cases are drawn up in accordance with the rules of Art. 131 Code of Civil Procedure of the Russian Federation. There is no unified form.

The application must contain the following information:

name of the judicial authority;
Full name, date of birth, passport details, registered address of the plaintiff;
Full name, residential address of the defendant;
Full name, date of birth of the child, series and number of the child’s certificate;
details of the previous court decision;
method of payment of alimony - in shares, mixed or in a fixed amount;
grounds for transferring part of payments to a bank account: suspicions of unreasonable spending by the recipient, etc.;
claims: establish the possibility of transferring alimony indicating the exact amount to the child’s bank account, change the method and procedure for implementing the previous decision;
date of compilation and signature.

Consultation on document preparation

If the plaintiff is an alimony recipient, the desire to form monetary savings for the minor, provided there is a sufficient level of income in the family, can be indicated as a justification for the demands.

The application is submitted in two copies. One court secretary accepts the case, the second one is marked with registration - the plaintiff may need it when filing claims against the judicial authority in case of untimely consideration of the documentation.

Documentation

At your first visit to court you will be provided with:

passport;
previous court decision;
child's birth certificate (if possible);
bank account details.

State duty

Recipients, when filing claims for alimony, are exempt from paying state duty - it is collected from those obligated for alimony in the amount of 150 rubles. for each child.

If the plaintiff is the payer, the fee is paid by him before filing the claim.

Registration of the alimony section

The first thing you need to start dividing child support is collecting evidence about the misuse of money by the child’s mother. Family law does not provide for liability for wasting alimony for a woman’s personal needs. However, there are ways to control how you spend money.

The alimony payer can:

Request checks and receipts confirming expenses for the child;
Request an extract from the recipient's current account to which alimony is transferred.

If the father discovers misuse of the children’s money in the data provided, he can use this information in court. Also, evidence will include testimony from neighbors and acquaintances testifying to the woman’s immoral behavior. A mother who ignores her child's needs may lose her parental rights.

Before filing a claim, the applicant must open a bank deposit in the child's name. The right solution would be to open a savings book for transferring benefits. Then, the payer takes the document to the guardianship and trusteeship authorities and writes an appeal: “I ask the guardianship authorities to transfer the savings book to (mother’s full name), registered at (address), in order to receive alimony payments for the maintenance of (child’s name is indicated).” .

In order for guardians to accept the savings book, it is necessary to write an explanation indicating the reasons why the alimony payer decided to transfer part of the amount to the account. In addition, you will need to present:

Birth certificate of the baby;
Court decision and writ of execution;
Passport.

Expert commentary

Kolesnikova Anna

Lawyer

Once the passbook is accepted by the guardianship, the payer must receive an official letter confirming its transfer to the mother.

Basic moments

Citizens of the Russian Federation are obliged to comply with legislative documents within the framework of which the spheres of life are regulated.

Moreover, according to the RF IC, parents or adoptive parents must financially support their children until they reach the age of 18 years.

Compliance with this requirement is strictly mandatory. Any exceptions are simply not allowed. At the same time, if a parent does not want to fulfill his obligations voluntarily, measures will be taken against him.

Today there are a large number of subtleties and features associated with the calculation of alimony. Moreover, there are several different ways to obtain them, as well as calculate them. It is best to deal with all of them in advance.

This will prevent many problems and difficulties. Moreover, payment of alimony and financial support for a child is not a right, but a responsibility of any citizen.

To calculate alimony, a whole list of special conditions and requirements must be met. Again, before submitting documents for alimony, you should familiarize yourself with all of them.

If for some reason there is no experience in this area, then it would be best to get legal advice from a qualified specialist.

What it is

A parent or adoptive parent is obliged to provide material support for their own child - natural or adopted - in material terms. Moreover, this is precisely the responsibility, and not the right of the parent.

If the accrual is not carried out on a voluntary basis, the second parent or other representative of the child’s interests can apply for alimony. The process of designing such has subtleties and nuances.

Alimony is a certain amount of money that is calculated in accordance with the legislation of the Russian Federation for the maintenance of a child. Moreover, such payment in the standard case is made until the age of 18.

At the same time, it should be noted that the process of alimony registration itself can be implemented in different ways.

It is best to work out this point in advance. This will allow you to avoid many difficulties in the future and common mistakes.

First of all, it is important to note that the accrual process must be carried out within the framework of legal norms. The Family Code of the Russian Federation defines alimony itself.

Alimony can be divided into two main categories based on how it is calculated:

Equity.
Fixed.

Equity is understood as a certain part of the net income of a citizen who is obliged to make payments of this type. You should understand all the intricacies of the registration process in advance.

At the same time, in some cases a fixed method of receiving alimony is used. At the moment, the calculation algorithm is carried out in a standard way.

The average income is used as the basis for calculating the fixed amount of alimony.

The process of calculating the amount of alimony, as well as determining the need for the very fact of paying it, is established by law. Before going to court to accrue them, you need to familiarize yourself with the NAP.

Also, alimony can be by court decision or by mutual consent of the spouses for the child’s special savings book.

He will have access to the funds after reaching the age of 18. Each case is considered individually in court.

Who does it apply to?

Today alimony is paid to the following persons:

Indicators	Description
For children	who have not yet reached adulthood
If there is a lack of parental care	—
Disabled children	including the possibility of paying alimony for the rest of your life

The basis for the maintenance of children by a parent is clause 1 of Article No. 80 of the RF IC.
Moreover, even if a citizen for some reason has become disabled, is deprived of parental rights, or has no official source of income, all this does not exempt him from obligations to his own child.

It is important to note that the payment is made both by ordinary employed citizens and by persons who are.

Accordingly, the basis for receiving a payment of this type is precisely the presence of a relationship or the fact of adoption of a child.

Moreover, even if there is a refusal to adopt, the adoptive parent will still be required to pay alimony. The registration process has many different complexities and features.

It is important to note that challenging the fact of the need to pay alimony is quite problematic - in the absence of sufficient grounds.

Only if it can be proven that there is no blood relationship or adoption did not take place. Judicial practice on this matter is quite clear. Accordingly, this point should be worked out in advance.

This will allow you not to waste time and avoid various problematic situations in the future. The issue of alimony is one of the most difficult in the legal field.

It is also important to note that in some cases, alimony payments are expected not only until the age of 18, but also up to the age of 23.

This usually happens when a child is studying full-time at a university, college or other state educational institution.

But achieving such security through the court is possible only in a limited number of cases. It is best to work out this question in advance. This will prevent many problems.

Also, for a period of more than 18 years of age, provision of alimony is allowed if the child has been disabled since childhood. In this case, the court may order mandatory financial support from the parent for the rest of the child’s life.

This question is quite complex and has a number of features and subtleties. You will need to familiarize yourself with all of them in advance.

Where to go

There are certain pros and cons to child support. Again, this point would be best worked out in advance.

First of all, it will be necessary to note that the registration of alimony, if necessary, should be formalized in different ways - depending on the circumstances, the relationship of the parents themselves.

There are the following methods for obtaining alimony:

Indicators	Description
If there is an agreement between the parents regarding financial contributions for the maintenance of the child	you will need to visit a notary to obtain it
If it is impossible to reach an agreement peacefully	you will need to go to court to resolve this situation

In the first case, if there are agreements between the child’s parents, no difficulties usually arise.

You only need to prepare a number of documents. Based on this and existing agreements, an agreement on alimony is formed. It is certified by a notary and will subsequently have the force of a writ of execution.

In general, if there are verbal agreements, you can do without an agreement altogether. But having one will protect the interests of everyone at the same time.

This applies to the child and the alimony payer himself. You will need to understand all the intricacies of the process in advance.

But quite often there are situations when it is simply impossible to reach any agreements. In this case, the only way out for the child’s guardian is to resolve the issue through the court.

Again, you will need to prepare a number of special documents. Based on the presence of such, it is necessary to resolve the situation.

Moreover, such a claim itself should be filed precisely at the place of permanent residence of a particular defendant.

This requirement is determined precisely by the requirements of the current legislation. Separately, it should be noted that failure to comply with a court decision threatens quite serious troubles.

Up to and including criminal liability. This concerns not only the alimony payer himself, but also his employer. Breaking the law should be avoided. Liability for such violations is strict.

In what cases is the entire amount of alimony transferred to the account?

The full amount of child support awarded may be transferred to the child's deposit account for the following reasons:

By agreement of the former spouses, specified in the voluntary agreement on children;
The child is brought up in a state institution: boarding school, orphanage;
The child has a guardian, but is not officially adopted by a foster family.

Expert commentary

Shadrin Alexey

Lawyer

The law limits withdrawals to prevent embezzlement. The parent living with the minor must be responsible for his upbringing and maintenance. The child will be able to use the amount accumulated on the deposit upon reaching the age of 18.

Methods for presenting a writ of execution

With the help of bailiffs When a writ of execution is presented with the details of the claimant's bank account by bailiffs, an application to change the details of the person receiving alimony
must also be submitted to the bailiff service. Subsequently, the new details will be redirected to the payer’s organization.
In person When the mother presents the writ of execution to the payer’s organization personally, she can also submit an application to change the bank details in person.

Advantages and disadvantages

Depositing funds this way has its pros and cons. Moreover, the number of the latter is actually minimal.

The main thing is the inability to use the funds until the child reaches adulthood.

The positive ones include:

Indicators	Description
It is possible to use a special deposit as a savings account	the amount will increase over time
The funds will go directly to the child	will not be spent for any other purposes

Who can initiate the process of dividing alimony?

As practice shows, the main initiators of cases regarding the division of alimony benefits are payers.
Using Article No. 203 of the Code of Civil Procedure of the Russian Federation, the father can file an application with the court with a request to change the method of collection and the procedure for paying money for child support. There are cases when a mother living with her children herself thinks about transferring part of the alimony payments to the account. This can be explained by the woman’s desire to save money for education or to buy an apartment for a minor in the future. There are two ways to implement the mother’s initiative:

After receiving the benefit, the mother independently transfers part of the money or the full amount to the bank;
The woman draws up an application in which she requests that 50% of the child support be transferred to the child's savings account.

If the mother initiated the process of dividing the child benefit, she needs to submit an application for its execution.

The algorithm of actions is as follows:

Send the writ of execution and application to the Bailiff Service. The document indicates the new details of the account opened for the child;
Apply to the organization where the alimony payer works.

When contacting the accounting department of the enterprise, you will need to provide a copy of the writ of execution, details of the personal account of the child, mother and information about the financial institution.

If the alimony payer does not agree with the wishes of the ex-wife, her application is rejected. In this case, the issue of transferring part of the benefit to the account is decided in court.

How to divide child support: half into the child’s account and half into the recipient’s account at the request of the mother?

In order for a woman to independently initiate the transfer of alimony to the child’s account, she can use one of two methods:

Submit an application to the Federal Bailiff Service, attaching a writ of execution and indicating the details of a bank account or savings book opened in the name of the child;
Submit an application in person to the organization where the payer works.

If the application is submitted to the accounting department at the payer’s place of work at the request of the woman, the accountant will ask:

Performance list;
Bank account details of both mother and child.

If a disagreement arises with the payer about how to transfer alimony to the child’s account, the mother’s application is rejected, and the issue is resolved in court based on the payer’s statement of claim.

Lawsuit

An application for division of alimony is submitted to the court that made the initial decision on the assignment of payments. The claim must be drawn up in accordance with the general requirements.

The document states:

Name of the court;
Data of the chairman of the court who made the decision on the assignment of payments;
Personal information about the applicant and respondent;
The claims, in this case: change in the order of payment of alimony;
The circumstances under which the payer filed a lawsuit;
Child account details;
Date of document preparation and signature.

The following documents are attached to the application:

Plaintiff's passport;
Certificates: about marriage, about divorce, about the birth of a baby;
Court decision on collection of payments;
Performance list;
Evidence of embezzlement of children's money: checks, SMS messages, recordings of conversations, etc.

The likelihood of a positive court decision will increase if the alimony payer provides additional information and evidence:

Certificate of income of the defendant;
A report from the guardianship authorities on the inspection of the living conditions in which the minor lives;
Availability of loans from the ex-wife;
Information about the defendant's debts;
Receipts indicating large purchases that are not intended for the baby.

Even if the defendant spends alimony for other purposes, but the commission from the guardianship authorities does not see any violations in the upbringing and maintenance of the child, the application will be denied.