How is child support paid?

According to Part 2 of Art. 104 of the Family Code of the Russian Federation, alimony may be paid in shares of the earnings and (or) other income of the person obligated to pay alimony; in a fixed sum of money paid periodically; in a fixed sum of money paid at a time; by providing property, as well as in other ways regarding which an agreement has been reached. The agreement may provide for a combination of different methods of paying alimony.

The method of payment is established by agreement of the parties or a court decision , the wishes of both parties are taken into account. The frequency of alimony payments can be established by agreement between the recipient and the payer: once a year, six months, a quarter, a month.

Alimony by mail

If the spouses live separately from each other, their marital relationship has ended, but this does not entail the termination of the rights and obligations in relation to common minor children . Parents must resolve the issue of paying child support: amount, order of transfer, frequency, etc.

If former spouses live in different localities, one of which has a joint child in their care, then sending alimony by postal order will be a convenient way for both parties.

Transfer of funds by mail involves sending from the nearest branch either by the parent himself or by the institution entrusted with such responsibility. This method of payment is one of the most reliable ; the transfer of alimony is confirmed by a receipt, which in turn is the main evidence that the parent fulfills his duties in good faith.

The negative features of this method are:

• high commission fees (if the transfer is less than 1,000 rubles, then the fee will be 5% of the amount + 40 rubles; from 1,000 to 5,000 rubles, then 4% + 50 rubles; over 5,000 rubles to 20,000 rubles - 2% + 150 rubles; more than 20 000 rubles - 1.5% + 250 rubles).
• at post offices there are often queues in which you can spend more than one hour;
• such a transfer cannot be accumulated in a non-cash account.

In order to send alimony by postal order, it is enough to have a passport (or other document confirming your identity) and the required amount of money.

The receipt must indicate:

• last name, first name, patronymic of the recipient;
• the amount of funds to be transferred;
• recipient's bank account or mailing address.

If the transfer is made to the recipient’s address, then he will be able to receive the funds only at his post office.

Example

After the divorce, the former spouses of the Kurochkins, Artem and Lyudmila, entered into an agreement on the payment of alimony, according to which Artem, every month before the 5th, had to transfer funds in the amount of 5,000 rubles for the maintenance of their joint young daughter by sending a postal order to Lyudmila’s account.

However, six months later Artem moved to another locality where there was no post office. The ex-husband continued to transfer alimony, but to Lyudmila’s bank card. Artem's unscrupulous ex-wife, Lyuda, filed a lawsuit to collect alimony for the purpose of profit, citing the fact that Artem has not transferred funds for the maintenance of his daughter since moving to another locality.

The plaintiff's claims were rejected by the court, since during the court hearing the defendant included a printout of bank transactions, which clearly showed that alimony was paid regularly in the required amount. The court ordered the parties to make changes to the method of transferring alimony.

General procedure and rules for paying alimony for a minor child

Alimony is understood as financial support provided by persons with family ties. The most common cases of assigning these payments are in relation to children under the age of majority.

Alimony may be paid in the following order:

• voluntarily - if the spouses were able to agree on this financial assistance by concluding an appropriate agreement;
• forced - when the decision to assign payments is made by the court, and the parent has to comply with the decision.

The mother can submit a claim to the judicial authority for the assignment of child support payments along with an appeal for divorce or as a separate application.

Methods for calculating alimony

Alimony may be awarded in the following form:

1. shared contributions - money received in the form of wages, pensions or any other income is withheld from the parent. This method is preferable if the parent is in stable employment and has a constant salary, from which the deduction is made;
2. fixed amount - the amount of transfers is tied to the cost of living in the region. This form of payment is prescribed if the father does not have a regular income, or the amount of income cannot be determined. Also, payments in a fixed amount can be determined by the court if the amount of the share deduction provided by law exceeds the needs of the minor, or the payer is paid in the currency of a foreign state;
3. in a combined way - this procedure for paying alimony can be used if you have a main job and additional income, the amount of which is difficult to determine;
4. transfer of valuable property - if the parent has property of a certain value, this property can be transferred to the child as alimony. In this case, a recalculation is made to determine the appropriate monetary equivalent. The role of valuable property can be real estate (house, apartment), jewelry or other property.

The choice of the method of making transfers rests with the court. If the court has appointed share payments, their size is determined by the number of children the payer has. The assignment of deductions is provided in the following amount according to the number of minors:

• for one - a fourth part;
• for two – 33 percent;
• for three or more – half.

Fifty percent transfers are the maximum limit, above which, according to legislative norms, the amount of alimony cannot be assigned.

A situation often occurs when the father who pays alimony has another child, in respect of whom the need for these deductions also arises. In this case, the parent must file a claim in court, demanding a reduction in the amount of payments, providing appropriate justification.

Terms and frequency of alimony payments

Payments are made at intervals determined as follows:

1. a court decision, confirmed by a relevant resolution;
2. a voluntary agreement between the spouses, reached peacefully, if the parties were able to come to a mutually acceptable solution on this issue.

Money can be transferred monthly, once a quarter, or at any other frequency that suits both parties. But first of all, the interests of the child must be taken into account, which is what the court proceeds from when adopting the relevant decision.

Once a peaceful agreement is reached, it will take no more than one day to formalize the alimony agreement, which must be spent on a visit to a notary. If alimony is ordered by the court, the plaintiff must provide the following terms:

• five days - to accept the submitted documentation;
• no more than a month to schedule a trial;
• a similar period for the entry into force of the resolution.

In this case, the final processing time may take two months or more. Often, court proceedings are delayed, including by deliberate actions of the defendant.

If any of the parties cannot appear at the hearing, providing reasoned evidence of absence, the hearing is postponed to another date. The rescheduling may be due to illness, urgent business travel, or other reasons that the hearing participant can document.

The legislation provides for the possibility of adjourning no more than three sessions of the judicial body if the absence of the plaintiff and defendant is due to valid reasons. Otherwise, or if the hearing has already been postponed three times, the hearing will take place even without the participation of one of the parties.

Delays may also be caused by the need to carry out additional activities. Sometimes a parent may question the fact of paternity, which will require a genetic examination, which takes some time, to verify.

As a result of the defendant’s deliberate actions, the court’s decision-making may be significantly delayed, up to six months or more. To speed up the process and eliminate possible errors in paperwork, the applicant would benefit from qualified legal support from a family lawyer.

Numerous law firms offer the services of professional specialists who can help draw up a statement of claim, advise the client on the procedure for going to court, and represent his interests during the hearings.

Considering that people who do not have a legal education cannot thoroughly understand the complex issues of family law (a fairly specific area of ​​jurisprudence), qualified legal support will be very timely and useful.

Transfer of alimony to the card

Transferring alimony payments to a bank card is the most convenient and fastest way to transfer funds. Money can be transferred to the card of your ex-spouse or the child himself.

The most comfortable option is when the recipient and payer have bank cards from the same bank. The most common plastic cards in the Russian Federation are those obtained from Sberbank of Russia.

Options for transferring alimony from a bank card to a Sberbank card:

• at a bank branch . To do this, the parent who pays alimony needs to come to a Sberbank branch with money, fill out an application form for transferring funds, and indicate the purpose of the payment - transfer of alimony. After that, receive a part of the receipt from the bank employee with the inscription that the transfer was sent to the recipient’s account. In this case, it is necessary to pay a commission for this banking transaction;
• via an ATM or payment terminal . In the Sberbank device, you must select the “Transfers” function and display the transfer method - cash or non-cash funds. After which the recipient’s current account, amount, and purpose of the transfer are indicated;
• through your Sberbank Online personal account . This operation is carried out using a computer or mobile phone. To do this, you need to activate the Sberbank Online service - through a terminal or at a branch where the owner of a bank card will be given a login and password to enter your personal account. When logging into Sberbank Online, you must select the “Transfers” tab, then “Transfer to a private person.” After which you need to indicate the card number or numbers of the recipient's current account, as well as the amount to be transferred, the source from where the transfer will be made. For the convenience of the sender, there is an automatic function that will automatically send a given amount of money within a certain period of time.

Who pays child support?

It is well known that child support providers are usually parents (usually fathers) of minor children who do not live with them. However, not many people know that the circle of people whom the state obliges to pay for the maintenance of relatives and former family members is much wider. These may include:

1. Parents of minor children.
2. Parents of adult disabled children.
3. Adult able-bodied children of citizens who have lost their ability to work due to age or health.
4. Spouses and former spouses of needy citizens - under certain conditions.
5. Other relatives - grandparents, brothers and sisters, grandchildren and granddaughters - if it is proven that the applicants are in need and there is no one else to pay their maintenance.
6. Stepsons and stepdaughters - if the stepmother or stepfather does not have an able-bodied spouse and natural children, and at the same time the fact of proper care for stepdaughters and stepsons for 5 years or more is proven.

Child support

According to Part 2 of Art. 60 of the Family Code of the Russian Federation, at the request of a parent obliged to pay alimony for minor children, the court has the right to make a decision to transfer no more than fifty percent of the amounts of alimony to be paid to accounts opened in the name of minor children in banks.

The main reason for half of the child support payments to be transferred to the child’s account is the other parent’s waste of money that should be used to provide for their common child. There are often cases when a parent receiving child support spends it on his own needs. However, this method of transferring funds is possible both by agreement and in court.

You can withdraw or use accumulated funds:

• the child himself, upon reaching eighteen years of age;
• parent, if they are necessary for the education or treatment of the child (only with the permission of the guardianship and trusteeship authority).

The parent who pays child support has the right to transfer no more than 50% to his child's bank account. In turn the former spouse who receives payments for the children can challenge such a court decision . As practice shows, the court often accommodates mothers who are in dire need of money to support their children.

Procedure for paying alimony

Learn more about how child support can be paid. Transferring money is possible in the following ways:

• by bank transfer to a card - in this case there is no need to transfer cash, and the money goes to the appropriate recipient’s account. This method is convenient, but may be associated with difficulties due to the unstable operation of the banking system or the need to pay large commissions when performing financial transactions between clients of different banks;
• by postal transfer - associated with the need to pay in cash and pay a commission fee. But these transfers are possible from any locality, with the appropriate mark in the payment purpose column;
• to a card issued for the child - in this case, the mother will not be able to use the money in an inappropriate way, and the funds will be accumulated, forming a substantial amount when the child reaches adulthood;
• direct transfer of cash - spouses can transfer money to each other directly, but the fact of such payments must be confirmed by an appropriate receipt in which the recipient indicates the amount of the transferred amount and its purpose, the date of payment.

Upon reaching a voluntary agreement, the parties can resolve the issue of transferring money for the needs of the child in any convenient way. But in case of judicial order of alimony, most often the funds will be transferred to the recipient’s bank account through deductions from the payer’s earnings made at the enterprise where he works.

The rules for paying child support provide for the need for the parent to strictly fulfill his financial obligations towards the child. Otherwise, the mother may go to court, including regarding arrears of alimony. As a result, in addition to paying legal costs and repaying the debt, additional penalties may be applied to the debtor, and the parent will be forced to fulfill the obligations provided for by law in relation to the minor child.

Changing the way you pay child support

Changing the method of payment of alimony funds is possible both by concluding an agreement or making changes to it , and in court .

If an agreement between the parties is not concluded, then the method of payment of alimony can be changed by filing a statement of claim in court, with the following necessary points:

• to whom it is addressed (court precinct number);
• details of the plaintiff and defendant (full name, residential address, other contact information);
• date of divorce between the parties;
• information about the decision that imposed alimony obligations on the plaintiff;
• the payment method offered by the payer and its justification;
• Copies of the following documents must be attached to the application: divorce certificate, child’s birth certificate; a court decision regarding the payment of alimony, a receipt for payment of state fees. If necessary, it is possible to attach other documents.
• date and handwritten signature of the plaintiff.

Methods of forced collection of alimony

Forced collection of alimony - through the court - must be resorted to if voluntary resolution of the issue is impossible.

The judicial process for collecting alimony is regulated by the Family and Civil Procedure Codes of the Russian Federation, and the enforcement process is also regulated by the Federal Law “On Enforcement Proceedings”.

The legislation provides for two procedures for collecting alimony through the court:

1. Order procedure (Chapter 11 of the Code of Civil Procedure of the Russian Federation);
2. Claim procedure (chapters 12-22 of the Code of Civil Procedure of the Russian Federation).

Collection of alimony in writ proceedings

Writ proceedings are an expedited and simplified judicial process (including for the collection of alimony). But it is not possible to take advantage of the fast and easy judicial procedure in all cases.

In the order of writ proceedings, only those demands for the collection of alimony can be considered that are not related to the establishment or challenge of paternity, as well as with the involvement of other interested parties (according to Article 122 of the Code of Civil Procedure of the Russian Federation).

Other disputes between the parties (for example, about the amount or method of payment of alimony) may also serve as an obstacle to the execution of the court order. If within 10 days the payer receives an objection to the court order, then, due to the emergence of a dispute, the case will be sent to the court for re-examination - this time in a lawsuit, which requires the presence of the parties and proceedings in court.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

So, writ proceedings...

• involves filing an application for a court order (with documents confirming the right to collect alimony);
• takes 5 days from the date of application;
• does not involve judicial proceedings and summoning the parties to a court hearing;
• involves the issuance of a court order to collect alimony in proportion to the income of the payer (collection of alimony in a fixed amount is possible only in litigation proceedings);
• gives the payer the right to file an objection to the court order within 10 days from the date of receipt of the court order (according to Article 128 of the Code of Civil Procedure of the Russian Federation).

A court order issued based on the results of consideration of an application is a writ of execution that can be transferred for enforcement to the SSP (if no objection is received from the payer within the prescribed period).
More information about the procedure for collecting alimony in writ proceedings can be found in the article “Court order for collecting alimony.”

Collection of alimony in litigation proceedings

In all other cases, when the process of collecting alimony by order is impossible, including if there is a dispute between the parties about the award of alimony, the case is considered in litigation proceedings.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Unlike writ proceedings, claim proceedings involve summoning the parties to participate in the trial - to defend a legal position, present arguments, present evidence and invite witnesses, file an objection or counterclaim, and conclude a settlement agreement (according to Article 35 of the Code of Civil Procedure of the Russian Federation). The legal process in a lawsuit looks like this:

1. Preparation and filing of a claim for the collection of alimony (with documents confirming the right to collect alimony) in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation;
2. Preparatory work for the court;
3. Notifying the parties about the lawsuit and summoning them to court;
4. Litigation (Chapter 15 of the Code of Civil Procedure of the Russian Federation);
5. Based on the results of the trial, a court decision is made to collect alimony;
6. Issuance of a writ of execution;
7. Transfer of a writ of execution for enforcement.

The court decision, which is made based on the results of the consideration of the case, is binding. If the payer does not want to fulfill it voluntarily, it can be transferred to the bailiff service for forced collection of alimony.

Unlike writ proceedings, which take only 15 days (including a 5-day period for consideration and a 10-day period for familiarization and filing an objection), claim proceedings take 2 months (including a 30-day period for preparing the court for trial and a 30-day period trial), as well as another 30 days to appeal the court decision.

In claim proceedings, alimony may be assigned....

• in the form of a percentage of the payer’s income;
• in the form of a fixed amount.

In claim proceedings, in contrast to writs, alimony can be assigned not only as a percentage of the parent’s income, but also as a fixed amount , since during the trial it is possible to verify (confirm or refute) the circumstances in connection with which the appointment of a fixed amount is allowed amounts.

Methods for calculating alimony in court: percentage of income or constant amount

The court, having considered a claim for the collection of alimony, may order payments in one of two ways:

To the question “which method of paying alimony is more profitable?” There is no definite answer - it all depends on the circumstances. Giving preference to one of the methods, the court is guided not by the “benefit” for the payer or recipient of alimony, but by the totality of circumstances: the family and financial situation of the parents, the needs of the child. Sometimes the court uses a combined method of calculating alimony.

Example Zaitsev V., the father of a minor child retired early. At the same time, he continued to work as an employee part-time and receive wages. In addition, he had a small income from business. Child support was collected in the amount of 1/4 of all types of permanent income (pension and wages) and an additional fixed amount from each business income in the amount of 1000 rubles.

Methods of executing a court decision to collect alimony

After a court decision to collect alimony is made, it is subject to immediate execution (Article 211 of the Code of Civil Procedure of the Russian Federation) - this means that there is no need to wait for the court decision to enter into legal force. Sometimes the court makes a decision on the payment of alimony even before considering the dispute (according to Article 108 of the RF IC)

There are several ways to enforce a court decision:

1. Independent execution of a court decision

This method involves voluntary and independent payment of alimony by the payer - without submitting a writ of execution to the SSP.

The payer may transfer amounts of money ordered by the court in one of the following ways:

• Transfer of cash to the recipient;
• Postal transfer;
• Bank transfer.

It is important that each alimony payment be documented - a receipt, a bank statement, a postal receipt, a check (with a mandatory note indicating the purpose of payment). This way, the payer will have evidence of the conscientious execution of the court decision, and the recipient will have no reason to accuse the payer of evading payment of funds for child support.

If the payer stops making payments and a debt arises, the recipient will have to contact the SSP for forced collection of alimony.

1. Transfer of a writ of execution to an organization where the payer receives a permanent income

The payer or recipient of payments must submit an application for the collection of alimony, attaching to it a writ of execution issued by the court. Based on the received writ of execution, the head of the organization issues an order/instruction on the payment of alimony from the payer’s income.

The accountant (administrator) is directly involved in the calculation, deduction and transfer of alimony. Amounts of money can be issued to the recipient at the organization's cash desk or transferred by non-cash payment (the payer bears the costs of non-cash transfer of alimony).

1. Transfer of the writ of execution to the Bailiff Service

In such circumstances, when it is impossible to contact directly the organization where the alimony payer receives income (for example, if the payer’s place of residence or place of work is not known), the writ of execution can be sent to the Bailiff Service.

The Bailiff Service is a government body whose competence is the enforcement of court decisions, including the collection of alimony.

Having received the writ of execution, the bailiff begins work with the payer:

• Calls the alimony payer for a conversation;
• Announces a search if the location of the payer is unknown;
• Searches for income, valuable property of the payer, which may be subject to foreclosure;
• Collects alimony from the payer’s income;
• Calculates and collects alimony arrears, charges penalties;
• Applies administrative and even criminal liability measures if the payer does not pay alimony (imposes a fine, a ban on traveling abroad, restriction of the right to drive a car, seizure of sums of money and material assets, etc.).

For more information about how the forced collection of alimony occurs and how a claimant can interact with the Bailiff Service, see the article “Alimony and the Bailiff Service.”

Question answer

Question

At the moment, I have two minor children left from my first marriage; they live with their mother. I regularly pay alimony, the amount established by a court decision. Can I give part of the alimony in the form of household items, clothing, food?

Answer

The legislation of the Russian Federation provides for the right of the payer to combine methods of paying alimony obligations. In order for you to change the payment method, you must enter into an agreement with your ex-spouse, which stipulates the changes.

Question

I pay child support to our common daughter, who lives with her ex-wife. However, recently I began to notice that she stopped caring for her daughter and spends most of the alimony on herself, buying new clothes, cosmetics, and entertainment. She has no other income and is not employed. She buys practically nothing for her daughter, which is why she wears clothes that are already too small for her. How can I limit my ex-wife's access to my daughter's child support?

Answer
It is impossible to limit it based on fact, since the mother is the legal representative of the child. You can go to court with a statement of claim, in which you demand that no more than 50% of alimony be transferred to your daughter’s personal account, money from which she will only be able to withdraw when she is 18 years old. Such a requirement must be justified by the waste of alimony for the needs of the ex-wife; it is advisable to provide evidence of this fact (photos, receipts, eyewitness testimony, etc.).

What affects the size of the transferred amount?

Payment of alimony for the maintenance of a child or several minor children is based on the average salary level. This is established in the Family Code of the Russian Federation in Article 81. In this case , a percentage share is collected from earnings and other income . In some cases, funds may be paid in a fixed amount of money. This method of payment is used when the alimony payer does not have a regular income.

If alimony is not paid for any reason (including the fault of the payer) for three years (or throughout the entire period from the date of payment), a debt is formed. The amount of debt to be paid is determined based on:

• the actual level of income of the alimony payer;
• average monthly salary in the country at the time of payment.

The second criterion is applied in a situation where it is impossible to document the amount of actual wages, or in the event of a complete lack of income during the period of debt. The average earnings in the Russian Federation in 2021 amounted to 35,900 rubles.

Read more about calculating alimony from salary here.

Legal grounds for the emergence of alimony obligations

The legislation allows any methods of paying child support that can meet the principles of systematicity and regularity. To determine a specific option for the transfer or transfer of funds, the recipient must establish the legal basis for the occurrence of alimony obligations.
The amount of payments will be recorded in one of the following documents:

• in a voluntary agreement to establish an obligation;
• court order of the magistrates' court;
• in a court decision, if the recovery was carried out as a result of challenging the order;
• in the writ of execution, which is issued in case of failure to voluntarily fulfill the obligation to make payments.

If the payment is established by mutual agreement of citizens, the transfer of funds can be carried out “from hand to hand” with the possible execution of a supporting document, or the payer will make a monthly transfer to the recipient’s bank card.

Download for viewing and printing:

Article No. 81 of the Family Code of the Russian Federation “Amount of alimony collected from minor children in court”

Family Code of the Russian Federation

Important! In cases where forced collection of amounts specified in a writ of execution or other similar document is carried out, the methods of paying alimony will depend on the place where they are withheld, as well as on the indication of a possible execution option proposed by the claimant.

Who is paid child support?

Regardless of the degree of relationship, alimony transfers should be made to those citizens who are disabled and recognized as needy.
These, of course, include minor children. However, if before reaching the age of majority they are recognized as able to work (if recognized as emancipated) or if they remain incapacitated for work even after 18 years of age (in case of disability), alimony payments are retained as before. Parents who are retired or disabled, disabled or former spouses, and other needy relatives are also entitled to claim alimony payments if they manage to prove to the court that their own income is not enough for current needs. The court decides in their favor if the defendants are close relatives and have the ability to pay maintenance to the plaintiffs.

In addition, a husband or wife has the right to receive financial support during pregnancy and when caring for a common child. In the event of a divorce, the former spouse also has the right to collect alimony upon reaching retirement age less than five years after the divorce or in the event of disability occurring less than a year after the divorce.

Rules for collecting alimony payments

Even if a child's parents are no longer married, they must care for their offspring equally. Thus, all costs of providing the child with everything necessary are distributed between the former spouses in equal amounts. Often this happens on a consensual basis. However, it also happens that one of the parents refuses to bear part of the costs. Then the payment of alimony payments is forced.

Thus, the collection of alimony payments to ensure the well-being of a child can be carried out in two ways:

• By the good will of both parties (a contract between the former spouses is drawn up in writing, certified by a notary).
• Under duress (the calculation of alimony obligations is based on a court order).

The legislation of the Russian Federation gives the child’s parents the opportunity to decide on what basis, voluntary or forced, alimony will be paid. If the parties have found a compromise, then they draw up a written contract and have it certified by a notary. If both spouses do not reach a common agreement, the person who has custody of the minor must apply to the court for intervention (in case of conflict situations) or an application for a court order (if the reasons for collecting alimony are indisputable).

Of course, the simplest and less time-consuming option is the first, voluntary option. Its main advantage is that both parties can discuss all the terms of the contract and find a compromise.

The forced option through the court is quite labor-intensive, costly in terms of finances and time. However, unlike the first outcome, the parties do not have the right to discuss all future details of alimony payments. Although the court takes into account the financial capabilities of both parties when considering, it makes a decision based on the rights of the child. Collection of alimony payments from the payer can be made in the following order:

• Expedited trial (by filing an appeal for the announcement of the court decision). This option can be implemented if the alimony collector knows information about the whereabouts of the second party, the parties have no objections, and there is no interest of third parties.
• Proceedings as required. This is the most common option for collecting alimony. A claim is filed if the parties were unable to reach agreement on the terms of payment of alimony payments.

When filing a claim, the time limit for resolving the issue of alimony payments may be delayed for a certain period.

Alimony agreement

A written agreement is concluded by a notary, and this is the most comfortable way for both parties to pay alimony. Moreover, for those who find it difficult to understand the legal intricacies of the issue of how alimony is paid under an agreement, there is good news: in the same way as in the judicial procedure familiar to citizens.

Important! The legal force of the alimony agreement is equal to the force of the writ of execution. Therefore, if the payer does not fulfill its obligations, the recipient has the right, bypassing the court proceedings, to contact the employer or bailiff directly in the same way as he could do with a court decision.

There are many advantages of a voluntary agreement:

• the duration of the procedure is much shorter than when resolving the issue in court;
• the conditions under which payments are made are determined not by the court, but by the parties. Therefore, it is agreed that there may not be a share of official earnings, but a certain amount that suits both parties, a part of the amount from the sale of the payer’s car or real estate instead of regular payments, or any other condition that suits both parties. How to pay alimony is also specified in the agreement: with regular payments, payments can be transferred at any frequency convenient for the parties.

Through branches of the Russian Post

Transferring funds through Russian Post is convenient for residents of rural areas where it is not possible to use other methods of transferring funds, or if a court decision has established such a method of payment.

You can receive money in cash through the post office operator.

In addition, you can make a transfer to the recipient's bank or card account , additionally providing payment details.

To send money via Russian Post, the alimony payer must know information about the recipient:

• FULL NAME;
• Residence address and postal code;
• Recipient's account/card details.

It’s no secret that postal transfers take a lot of time, but Russian Post is improving its sending system every year.

YOU SHOULD KNOW! The commission for transfers through branches of the Russian Post is charged to the alimony payer. Payments are accepted in cash only.

Procedure for calculating alimony

The Family Code states that alimony is paid every month. Payments can be made in several ways:

• In a strictly documented amount.
• As a percentage of the total salary of the alimony payer.

In the case where alimony payments are made on the basis of a percentage of wages, they depend on the number of common children. According to Russian law, if there is one child in a family, then he is entitled to alimony in the amount of 25% of the alimony payer’s salary, if there are two children - 33%, three or more - 50%. But if there are individual financial or family reasons, the percentages may be changed. To do this, you need to prepare a corresponding application.

Paying alimony with interest is the most popular practice. Alimony payments in a strictly fixed amount are usually used under certain circumstances. For example, this may be irregular earnings or incapacity of the alimony payer, wages calculated in a non-national currency. In order to determine the amount of payments in this case, the main criterion is the national or regional subsistence level. However, the fixed amount of alimony payments is not equal to the living minimum. As the law states, it must be some part of the subsistence minimum or several parts thereof.

It is also considered legitimate to combine possible options for paying alimony in percentage and fixed form. Payment methods are determined at a court hearing on an individual basis. In this case, both the financial and family status of both parties are taken into account, but the most important thing is, of course, the rights of a minor child.

How often are alimony payments made?

From the time the claim was submitted to the court, the child has the right to receive alimony. Thus, regardless of the duration of the proceedings, the minor becomes financially protected.

Alimony payments are sent on a regular basis - every month. Information about this is documented during the trial.

In the event that the work organization of the alimony payer establishes special regulations for the payment of wages (for example, dividing into the basic salary and the fee), the conditions for the payment of alimony payments must be observed unquestioningly. The most common practice is to pay alimony from the main salary, when the alimony payer knows all the data on income for the current month.

Important: After receiving the salary (basic), the alimony payer must make the payment within 3 calendar days. If this condition is violated, the alimony payer will be charged a penalty of 0.5%. The accrual is based on the total amount for each day of delay. In the case where accountants are involved in the transfer, payment usually occurs the next day from the date of receipt of the salary. It must be remembered that during the transfer there may be delays that will be associated with the work of the post office and bank branches.

Responsibility for arrears of alimony

No less important is the question of what responsibility bear citizens who for some reason are late in payments. If arrears arise for any payments - and alimony is no exception - the debtor is obliged to pay a fine or penalty. In addition, there are other types of liability:

1. Evasion of payment of child support entails the deprivation of a driver's license.
2. The defaulter is deprived of the right to receive a number of government services, including obtaining a foreign passport, driver’s license and other services. This restriction does not apply to services required for life support.
3. Bailiffs have the right to collect payments not only from the payer’s income, but also from his property. Thus, a willful defaulter is exposed not only to fines and civil penalties, but also to the risk of seizure of property.
4. One of the standard measures imposed for non-payment of alimony is a ban on leaving the country until all obligations are paid off.
5. Fines, administrative arrests, and forced labor may also be applied.