Alimony on a bank card: registration and features of the transfer, necessary documents, pros and cons of the method, alternative methods

Is it possible to transfer child support to a child’s account?

Any intention, first of all, should not be prohibited by law, so first we turn to the provisions of the Family Code regarding the possibility for the alimony payer to transfer money to the child’s account. Article 60 of the Family Code suggests, based on the payer’s application, establishing a special procedure for paying alimony. This right is also enshrined in Supreme Court Decision No. 9 of 1996. However, you need to understand that there are also limitations here. The child’s account cannot receive more than half of the total amount of alimony. That is, it all depends on the established amount of financial assistance and how much it covers the child’s expenses. If 50% is too much and the interests of the minor dependent will be infringed, then the court will set a lower percentage.

Such lawsuits are considered on the basis of the regulations of Article 203 of the Civil Procedure Code, and can be initiated by the payer. If the claim is filed by the recipient, the entire amount may go to the child’s account.

Article 60 of the Family Code, paragraph 2, also states that money transferred to a minor’s bank account will accumulate there until he reaches 18 years of age. But, even after reaching adulthood, you cannot spend the accumulated funds anywhere. They are targeted, therefore they can only be used for educational, educational, medical purposes or for the maintenance of a child while he receives higher or secondary education. Once again we would like to draw your attention to the fact that such a decision must be secured by a writ of execution, a court order or a notarial agreement. That is, one of the listed legal documents. Otherwise, cash transfers will not relate to alimony, but will be considered other assistance or a gift, which will result in the formation of a debt in the total amount.

Voluntary registration

Is it possible to transfer child support to a child’s card voluntarily? Yes, the law allows it. A voluntary agreement concluded by parents in the presence of a notary has the force of a writ of execution. Along with it, it is the basis for making monthly payments.

What parents need to know when drawing up an agreement for child support to be credited to the child’s card:

in the agreement itself, you need to specify the method of making payments, for example, “the transfer of alimony should be made monthly to a Sberbank card”;
You must indicate the details of the card to which you plan to transfer funds. They can be obtained from the bank whose card owner is the recipient. If the recipient does not have a bank card at all, then you can order one by contacting a bank employee. Remember, the card number and the account number to which the card is linked are two different things. Don't confuse them;
The maximum amount of alimony transferred to the card of any bank, for example, Sberbank, is 50% of a certain amount. It won't be possible to translate any more. The remaining percentage of the amount is transferred to the person representing the interests of the child.

Through accounting

To transfer alimony to a Sberbank card, the accountant at the payer’s place of work needs:

have a document that served as the basis for the withholding: a court decision, or an agreement, as well as a writ of execution;
a statement from the recipient that the funds should be directed specifically to the child’s card;
card details specified by the recipient in the application.

Let us repeat that the transfer period is a maximum of three days from the date of payment of the salary to the child support parent.

By the payer independently

Is it possible for the payer to personally transfer child support to the child’s card? Yes, you can. He can do this in all of the above ways. It is important that the agreement on the basis of which transfers are made stipulates exactly the method of transferring money to the card, and not another. We recommend that when transferring alimony to the card yourself from your card, you must always make a note that the funds are sent as alimony. Saved receipts with these notes will allow, in the event of claims from the recipient, to prove the facts of the transfer of alimony.

When making a transfer through your personal account, you should order a receipt in electronic form. To an email inbox, for example.

To the child's personal account

To transfer money to an account opened in a bank in the name of the child, the payer needs to know the details of this account. For these purposes, the recipient, first of all, needs to open such an account. To do this, you need to contact the bank with your passport and child’s birth certificate. A bank specialist will help you draw up an application to open an account in the child’s name.

Why is this option convenient? Transferring child support to the child's account allows the payer to make sure that the money is sent specifically to the child's needs. Sometimes they can accumulate in this account for subsequent expenses related to the child’s higher education or the purchase of housing for him.

How much is alimony per card? The period depends on whether money is transferred from card to card of the same bank or not. Different banks have their own rules regarding the payment deadline. In some it is three working days, in others it is more. You should read the bank rules. If the money is not received on time, you need to contact the bank’s specialists to resolve the problem.

How to transfer child support to a child's account

What stages of registration do you need to go through in order to ultimately pay alimony to the individual account of a minor child, which he can use upon acquiring legal capacity.

Opening an account for a child

The first thing you need to start with is to open a bank account. This service for minor children is currently provided by any banking institution. You will be required to provide a standard package of documents, usually the child’s birth certificate, parent’s passport and TIN. The procedure takes only a few minutes, after which you will be able to receive an agreement for the provision of banking services, as well as a separate certified sheet with account details.

Since the child does not have the right to sign until he receives the passport, the contract is signed by the mother or guardian, but this does not mean that anyone other than the child can use this money.

We transfer the account details or passbook to the guardianship authorities

Now you need to contact the guardianship and trusteeship authorities to obtain their permission for this procedure. This is necessary so that in the future the guardianship employee controls the expenditure of funds from the account and the parent or guardian cannot use them. After a child reaches 14 years of age and receives a passport, he has the right to withdraw accumulated money only with the permission of the parent, and after 18 years of age - freely. Permission from the guardianship authorities is submitted together with all documents when applying to court.

We receive a writ of execution or court order

After the account has been issued and approval from the guardianship has been received, you need to apply to the court with a written application to change the order of alimony payments. If there are no problems with the documents and all the rules are followed, then the judge will make a decision within a few days, which will set the percentage of alimony payments from the total amount that will go to the account. If the alimony payer is officially employed, then the writ of execution is transferred by the bailiff to the accounting department of the enterprise. From the day the decision comes into force, the responsible employee transfers the established amount of alimony to the child’s account, and the difference, as before, to the card of the mother or guardian. The same thing happens when concluding a peaceful alimony agreement. If the alimony payer is not employed, then the modified procedure for alimony payments is carried out by him independently under the control of the bailiff service.

How are alimony payments transferred?

The Insurance Code states that money can be transferred to children in two ways:

voluntary (priority method);
forcibly (by court decision).

In the first case, adults enter into an agreement; in the second, the parent caring for the child files a claim with the judge. As a result, the defendant is ordered to pay certain amounts to the children. At the same time, no matter how alimony payments are assigned, it is necessary to determine the procedure for their transfer.

Attention! Alimony is transferred to a bank card only when this is established:

voluntary agreement;
court decision or order.

Thus, the procedure for transferring money should be discussed in advance. Or, if the recipient is not satisfied with the previously chosen method, he asks to change it.

Who pays child support?

Receiving payments to a Sberbank card, for example, is very convenient.
The money is easy to cash out and spend on children's needs. Therefore, many citizens who previously accepted payments in another way are thinking about a bank card as the best method of financial communication with a former partner. They should understand where to go in this case. The transfer of alimony is carried out by:

accounting department of the organization where the payer works;
the parent himself;
Bailiff Service (Bailiff Service).

Therefore, it is necessary to contact the person involved in this operation. After all, the payer needs to be informed of his preference regarding the method of receiving payments in the future.

Attention! Negotiations with the payer, no matter who he is, should be conducted only in writing. In addition, he needs to transfer official data about the bank card, leaving in hand evidence of such an action.

What document determines the transfer of payments to the card?

Due to the fact that there are several ways to assign alimony payments, the documents should also be drawn up accordingly.
First of all, the recipient needs to take care of opening an account with Sberbank, for example. You need to come to this institution with a passport and write an application. After all formal procedures have been completed, the client is given a card. When initially applying for alimony, the following applies:

If a voluntary agreement is drawn up, then its text must contain a clause describing the transfer of amounts to a bank card. It should be remembered that the law provides for the following types of payments:

share of all types of income;
a fixed amount of money.

In addition, the translation can be:

monthly;
quarterly;
different frequency.

The specifics are determined by agreement.
No additional statements or letters are required to be attached to the contract. If the transfer of alimony amounts is carried out by an accountant at the payer’s place of work, then he needs to hand over the document that is the basis for such an operation:

agreement;
court decision or order.

The operation is carried out automatically, on the basis of Art. 109 IC within three working days from the date of accrual of wages (other type of income).

If the alimony payer is not employed, then the SSP . It is to this service that you should inform your preferred method of receiving payments. The SSP contacts the payer and obliges him to make payments:

or to the specified bank card;
or to the account of the SSP branch.

In the second case, the payment is transferred to the card within 5 working days (Article 110 of Federal Law No. 229 of October 2, 2007).

Important! All expenses associated with banking transactions are charged to the account of the alimony payer. This is stated in Article 109 of the Criminal Code. In addition, these expenses are independent in nature and are not alimony.

Partial or full payment of child support to the child's account

Despite the fact that Article 60 of the Family Code defines the procedure according to which no more than 50% of the total amount of alimony can be transferred to the personal account of a minor dependent, many are interested in whether it is possible to pay alimony to a savings book or account in full?

How to transfer part of the child support to the child’s account

Half or less of the total amount of alimony may be transferred when the applicant of this request is the alimony payer. He cannot demand a larger part, since the mother with whom the child lives also participates in the maintenance of the baby and, if the amount is too cut for free use, the interests of both her and the child will suffer. That is, the part of alimony that can be sent to the personal account of a minor depends on the total amount of financial assistance assigned for alimony and how much it covers all the needs of the child. To carry out these actions, you must go to court or agree with the second parent to sign a notarial alimony agreement, which will indicate all the legal nuances.

If the court prohibits paying 50%, but the father wants a specific amount of alimony to still be transferred to the child’s account, and he could use it after the age of 18, then he can simply transfer an additional amount that will not be related to alimony. But the child will be able to use it along with the accumulated alimony amount, for example, to get an education or buy useful things.

How to transfer all child support payments to a child's account

Despite the restrictions in the law regarding a certain part of the alimony money paid to the dependent’s account, there are a number of exceptions when their amount can be more than half or even 100%.

Notarial voluntary agreement. If alimony is paid by mutual agreement between the parents without going to court and its procedure is fixed by a notarial agreement, then the mother and father can, at their own discretion, establish a part or the full amount that will go to the child’s account. The agreement also stipulates the amount of payments, frequency, responsibilities of the parties, etc. If in the future the parents change their minds regarding this alimony order, the notary makes new changes and, after certification, they come into force. If one of the parents disagrees with this order of transfers, he can appeal it in court, providing his copy of the original agreement.
When a child lives in a foster family or is under guardianship.
When the child is fully supported by the state - a boarding school, orphanage.

The last two cases refer to those family situations where a parent is deprived of parental rights, dies, is declared legally incompetent, is in prison, or goes missing. You need to understand that a child will be able to fully manage the accumulated money only after the age of 18, and when receiving a passport at 14 years old, he can partially spend it with the consent of the parent.

Advantages and disadvantages of transfers to a bank card

Quite convenient for citizens, the modern method also has negative sides.
Its main disadvantage is the need to pay a commission. According to Article 109 of the Insurance Code, these expenses are carried out by the payer. Consequently, his expenses increase slightly. Attention! The commission can be reduced if the payer and recipient open accounts in the same bank. Many institutions charge no (or minimal) fees on domestic transfers. The second disadvantage is the possibility of “losing” the payment. This rarely happens.

It is recommended not to be nervous, but to wait a little. Typically, a transaction between banking institutions is completed in 3 to 7 days.
If the transfer never arrived in the account, then you need to file a claim. The details may be incorrect. The employees will raise the documentation and the money will be found.

The obvious advantages of paying alimony amounts to bank cards include the ability to easily transfer money throughout the country and from abroad. In addition, you can do this from home, sitting at your computer in a comfortable chair.

Attention! The “autopayment” function makes transferring to a card even more convenient. You can set up an alimony payment once, without forgetting to indicate the purpose, it will be made automatically.

Required documents

As we have already said, these issues can only be resolved legally, through the courts or by concluding a peace agreement. As for the judicial authority, it is worth contacting the magistrates’ court or the district court, if the issue of collecting alimony was initially resolved through it. You will be required to write an application to change the order of payments, that is, transfer of alimony to the child’s account, and provide the following documents:

Child's birth certificate;
Bank details where the minor’s account or Passbook is indicated;
Applicant's passport;
A certificate from the guardianship authorities, where they give their permission for future cashing of alimony transfers.

It is very important that the documents are submitted simultaneously with the application and that there are no errors in them. In addition, money to the child’s account must arrive with a specific payment purpose. Otherwise, the money can be considered as a regular transfer, for example, as additional assistance. Therefore, in the payment document when transferring alimony through the bank, be sure to indicate in the “Purpose of the document” field that these are targeted funds, namely, child support, full name, according to the writ of execution, month, year.

Changing your payment method

By voluntary agreement, you can also change the method of receiving alimony as the parties wish.

To do this, by mutual agreement of the parties, you need to conclude a new agreement or make changes to the old document, but be sure to have it endorsed by a notary.

If the procedure for calculating child support is based on a court decision, then to change the method of transfer you should:

indicate bank and current account details;
file a claim to change the method of payment of benefits;
contact the bailiff.

When considering a case in court, the question of the method of transferring money is decided by the judge, having previously ascertained the wishes of the parties . The method of receiving alimony is indicated in the decision.

The bailiff will consider the claim and, if the case is resolved positively, will transfer the data to the payer’s place of work.

A change in the procedure for paying alimony can be initiated by the recipient himself . The legislation restricts only the alimony payer from changing the procedure for paying benefits.

The recipient has the right to transfer alimony to the child’s account in 100% of the amount, for example, if the parent needs to leave the country or he has the finances to fully provide for the family.

1 comment on the article “Is it possible to transfer child support to the child’s own account?”

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Anonymous writes:
AND UKAGO WILL HAVE A CARD FOR THE WALKER ON WHICH THE ELEMENTS WILL BE PRESENTED
Answer

Control of targeted spending of funds

As we have already emphasized more than once, the recipient, that is, the mother or guardian, will not be able to dispose of the alimony payments accumulated in the account at will, even though his signature will be affixed to the bank agreement. The court limits this right, and such acts are monitored by the guardianship authorities. In addition, since these are targeted funds, they can only be used for specific purposes related to the full life of the child. The only exception when a mother can order alimony is if there is an urgent need, for example, money is needed for treatment or for the education of a child. In this case, she collects supporting certificates and sends them to the guardianship authorities to obtain their consent.

Only if there is permission from the guardianship and trusteeship authorities, the bank has the right to issue a certain amount from the account.

That is, we have decided on the question of whether it is possible to transfer alimony to a separate account of the child, which he can freely use upon reaching adulthood. This right is confirmed by law. The only limitation you may encounter is the amount of transfers, which directly depends on the total amount of child support and the monthly needs of the child.