Amount of alimony payments: maximum amount, features of its reduction and increase

The amount of financial assistance for a child by court decision is regulated in accordance with Article 81 of the Family Code of the Russian Federation.

How much child support do parents who have entered into a voluntary agreement pay? Although the amount and method of payment of maintenance is determined by the payer and the recipient independently, the child must receive no less than the court decision.

A decrease or increase in the amount of alimony depends on the financial situation of the payer, his state of health, as well as on how many dependents he currently has that require financial support from him.

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Amount of child support for one child in 2021

Art. 60 of the RF IC enshrines the child’s right to receive financial support from his mother and father. These are clothes, shoes, housing, educational supplies, toys. These items must be appropriate for the child's age and development.

If the parent does not live with the child, this responsibility is not removed from him. He must also contribute to meeting the children's needs.

This must be monitored by the parent with whom the child lives. In most cases it is his mother. It is she who must resolve the financial issue with the minor’s father, and not specialists from the guardianship or social protection department.

Often the mother refuses to collect funds for the child, because she believes that this will give the father the right to demand alimony for his maintenance. Indeed, upon receipt of disability or reaching pre-retirement age (for women - 55, for men - 60), a parent receives the right to collect alimony from an adult child. But the court will satisfy the requirement only if the parent himself conscientiously fulfilled his duties until the child reached 18 years of age.

If the mother did not collect payments, then it is considered that the man transferred the money voluntarily. And it will not be possible to prove the opposite. Therefore, by ignoring the protection of the child’s property rights, the mother exposes him to a potential threat. When the child reaches adulthood, the negligent father will be able to go to court and receive financial support.

Important! If a mother refuses to collect funds from the father for the child, then she is violating the children’s property rights. Although the law does not establish penalties for refusing child support, the mother will not be able to apply for a subsidy to improve housing conditions, child benefits, or receive other social support measures. The legislator assigns the responsibility for maintaining the child to each of the parents. If the mother does not collect child support, then it is assumed that she can meet the children's needs on her own. Therefore, she is not entitled to any government assistance.

Child support payments can be established:

1. In the form of a share of income (Article 81 of the RF IC). In this case, 25% of all official income of the father is transferred to 1 child. Government Decree No. 841 of 1996 establishes a complete list of income of alimony payers from whom a share is withheld.
2. In the form of a fixed payment (Article 83 of the RF IC). The amount is determined by a court decision or by agreement of the parents.

Let's look at how the amount of child support for one child changes, depending on the parent's employment.

Option #1: If the parent has a regular income

The minimum payment for an only child (provided that the payer works full time) will be ¼ of the minimum wage (minimum wage). From January 1, 2021, the minimum wage is 12,792 rubles. That is, 1/4 * 12792 = 3198 rubles. But this amount is paid only if the father works full time.

If the father has a stable official income (“white” salary, pension), then the payment is assigned:

• court – ¼ share of all types of income;
• by agreement - at least ¼ of all types of income (the exact amount is determined by the parents themselves).

The situation changes if the father has 2, 3 or more children. If there are two children, then the father pays 33% of all types of income. That is, 16.5% is due for each child.

If there are 3 or more children, then the amount of alimony will be 50% of the amount of earnings. That is, each of the children will receive 16.6% of the father’s income.

50% is the maximum amount that can be withheld for child support, therefore, if there are 4 or more children, then the withheld amount is divided between them in equal proportions.

Option #2: If the parent’s income is not constant

There are many types of temporary income, for example:

• Provision of services under a civil contract;
• Work on a rotational basis;
• Seasonal work.

In such a situation, it is not profitable for the mother to collect funds as a share of the income, since the child needs constant financial assistance. Therefore, the law provides for the possibility of collecting payments from the father in the form of a fixed amount. This means that the father will make equal payments each month, regardless of how much he earned that month.

Example

The father works on a rotational basis on a 6-month-every-6-month basis. For six months he receives 100,000 rubles. per month, and in the second half of the year he works as a guard at a parking lot and receives 15,000 rubles. (RUR 100,000 * 6 months)+(RUR 15,000 * 6 months) = RUR 690,000 – father’s income for the year. 690,000 rub./ 12 months * 25% = 14,000 rub. By court decision, alimony was assigned in the amount of 14,000 rubles. per month.

Option #3: If the parent is unemployed

A citizen is considered unemployed if:

1. He is registered with the employment service.

In such a situation, the amount of child support for an only child is ¼ of the unemployment benefit. In 2021, the minimum benefit is 1,500 rubles. This means the minimum payment will be 1,500 * 25% = 375 rubles.

The maximum amount of unemployment benefits in June 2021 is 12,130 rubles. (established by Decree of the Government of the Russian Federation dated March 27, 2020). Taking into account the regional coefficient, the amount of benefits in the Novosibirsk region is 14,556 rubles. This means the maximum payment from an unemployed person will be 14,556 * 25% = 3,639 rubles.

1. Does not work or works unofficially.

In this case, the minimum subsistence level per child established in the region for the last quarter is taken as a basis. If the size of the subsistence minimum is not established at the regional level, then the all-Russian subsistence minimum for children is taken. You can find out its current size on the website of the Federal Statistics Service in the document Subsistence level.

Example

Andrey lives in the Altai Territory and earns money by cutting a figured picket fence, but he did not register his entrepreneurial activity. His ex-wife filed for alimony for their common son. Since it is impossible to confirm income, the court ordered a monthly payment in the amount of the subsistence minimum per child in the region. In 2020, the cost of living per child in the Altai Territory is 10,203 rubles. That is, every month Andrey must transfer 10,203 rubles to his son. before changing the size of the PM.

Option #4: If the payer is an entrepreneur

If the father has registered a business activity, then alimony for one child is calculated based on:

1. The cost of living for a child (if the father submits a “zero” declaration).
2. Shares of parent's income.

There is no need to think that the child will receive ¼ share of the entire income of the father-entrepreneur. Alimony is calculated from “net” income (income – expenses for doing business).

This calculation principle applies regardless of the form of taxation. That is, alimony from individual entrepreneurs to the simplified tax system, OSNO and UTII is withheld based on the amount of “net” income.

If in relation to individual entrepreneurs on the simplified tax system the amount of net income is indicated in the declaration (the amount of tax is calculated from it), then in UTII the situation is more complicated. An entrepreneur pays a single tax on UTII, regardless of the amount of income. Letter No. 03-11-11/250 of the Ministry of Finance of Russia dated August 17, 2012 put an end to this dispute. If the child’s father is an entrepreneur on UTII, then alimony is also calculated based on the amount of “net” income, that is, the amount of tax and expenses for doing business are subtracted from the amount of recorded income.

As practice shows, if the father is engaged in entrepreneurial activity, it is better to agree on payments peacefully and draw up a notarial agreement. In this case, the parents themselves will set the amount of the monthly payment.

Procedure for withholding alimony

Deductions are made by the employer's accounting department if the parent paying child support has an official salary. They are calculated from all types of earnings and from almost all benefits. The only exception may be the benefit that an employee receives in connection with the birth of a child.

The law also limits the amount of deductions. According to Article 138 of the Labor Code, they cannot account for more than half of the employee’s income. However, in some cases their size may be higher.

Example

An employee of the enterprise received 2 writs of execution. According to one, he must pay funds in favor of 3 children from his first marriage. The amount of deductions should be 50%.

According to the second, he must transfer 8 thousand rubles for the maintenance of his second wife.

The citizen’s income after paying 13% was 30,000 rubles.

The children should be deducted 15,000 rubles from him. And 8 thousand - for the second wife. The total amount of deductions should be 23 thousand, which significantly exceeds the 50% required by law. In cases where money is withheld in favor of minors, it is allowed to deduct up to 70% of income, which equals 21 thousand rubles. This amount will be divided proportionally between the two spouses:

• 21,000 * 15,000: 23,000 = 13,695.65 rubles. - will be received by the first wife of a citizen.
• 21,000 * 8000: 23,000 = 6,720 rubles. – alimony for the second wife.
• The remaining funds are 23,000 - 21,000 = 2,000 rubles - a debt that will be gradually paid.

If an employee also has deductions from wages based on writs of execution or fines, then first of all, alimony is always calculated and withheld.

Attention! If a citizen pays funds for the maintenance of children from different marriages, then all transfers are made simultaneously.

Conditions for paying child support for one child

A man becomes obligated to pay child support if the child:

• born in a registered marriage;
• born within 300 days of his mother's divorce;
• adopted;
• was recognized as a man through establishment of paternity (in court or the registry office).

Important! Wards, adopted children, stepsons and stepdaughters are not entitled to alimony.

If a child was born in a civil marriage, then the man has no rights to the child. In order for him to receive paternal rights, the parents must submit a general application to the registry office or one of them to the court. A man's paternity rights and responsibilities arise from the moment his data is entered into the child's birth record. It is from this time that alimony can be collected from him.

Example

Igor and Nina lived in a civil marriage. Nina gave birth to a daughter. Since the couple was not married, Nina was recorded as a single mother. When the couple broke up, Igor did not pay alimony. Nina decided to collect them through the court. To prove the relationship, she had to file a paternity suit. In the trial, the man tried to prove that the girl was not his daughter. The court ordered a DNA examination. According to the results of the analysis, paternity was confirmed. The court satisfied the request to establish paternity and collect alimony.

Percentage of earnings

The calculation of alimony as a share (percentage) of earnings occurs on the basis of Article 81 of the RF IC. Shared payment of allowance is possible if the father is officially employed and has a regular income.

For 1 child

According to the law, a quarter (25%) of the payer’s total income is calculated for one child, which includes the income listed above.

Attention! The minimum wage is established by Federal Law-460. It is 7800 rubles. Accordingly, the minimum allowance for one child will be 7800 * 1/4 = 1950 rubles. It is possible that the payer may not officially work full-time, paid in an amount less than the established subsistence level. In this case, the amount of alimony will be even less.

For 2 children

If two minor children remain with the mother, one third (33%) is withheld from the father’s salary. If you calculate the amount of maintenance for two children at the minimum wage, it will be: 7800 * 1/3 = 2575 rubles.

For 3 or more children

If the payer has three or more young children, half (50%) is withheld from his salary.

With minimum earnings, the amount of alimony for three will be 3,900 rubles.

The court may increase the amount of alimony payments if the mother manages to prove that the child especially needs money for treatment or due to a serious illness and deplorable financial situation. The maintenance can be reduced at the request of the payer and only in exceptional cases.

Example. Suppose citizen K. has one child, and citizen M. has three. They work at the same enterprise and receive the same salary - 15,000 rubles. Since men work officially and have a stable income, the court, guided by Article 81 of the RF IC, assigned alimony as a percentage of earnings:

• For K. – ¼;
• For M – ½.

Thus, for the maintenance of a child, citizen K. will be deducted 3,750 rubles, and citizen M. – 7,500 rubles (2,500 rubles for each child).

When drawing up a child support agreement, parents can increase the percentage of income due to the child as maintenance. But it cannot be reduced.

How to get alimony

It is believed that a mother can demand alimony from the father of her children only during a divorce. This is wrong. The right to child support arises if the father does not provide financial assistance. That is, for the purpose of recovery, it does not matter whether the parents are married, divorced, living together or separately, or living in a civil marriage. The main thing is that the father is included in the child’s birth record.

There are several ways to receive alimony:

• By verbal agreement;
• Alimony agreement;
• Court order;
• Judgment.

Let's consider each option in more detail.

By verbal agreement

In practice, parents often use alimony payments by verbal agreement. They independently determine the amount of payments and the method of transferring them. This option is suitable if the mother does not plan to receive social support measures (subsidies, benefits), since it cannot be documented.

In such a situation, the father needs to collect evidence of the transfer of money. For example, the mother must write a receipt for child support (if the money is transferred in cash). When transferring payments to the mother’s account, the word “alimony” must be indicated in the “Purpose of payment” column.

By transferring money without a receipt, a man gives the child’s mother the opportunity to go to court and collect alimony from him for the past period. If the father does not have evidence that he has paid child support for the past 3 years, the court will satisfy the plaintiff’s request.

According to the alimony agreement

In accordance with Art. 99 of the RF IC, the mother and father can themselves determine the amount of child support. To do this, you must enter into a notarial agreement. This is a written document that describes the amount and procedure for transferring payments.

Features of the alimony agreement:

• Concluded with the consent of the mother, father and child aged 14 years (for children from 0 to 13 years of age, consent is given by one of the parents);
• Must be certified by a notary;
• The amount of payment under the agreement cannot be less than ¼ of the father’s income for an only child, ⅓ for 2 children, ½ for 3 or more;
• Parents themselves set the frequency of payments (monthly, quarterly, etc.).

An agreement is the only legal option to oblige the child’s mother to provide a report to her ex-husband about the funds spent. The parties may include in the agreement the frequency and procedure for reporting. For example, collecting receipts for purchases.

If the father refuses to pay on time under the agreement, the mother can hand over the document to the bailiffs so that the alimony is forcibly withheld. The document is endowed with the force of a writ of execution. Additionally, there is no need to go to court.

Therefore, it is better for the father to keep all receipts for the transfer of alimony under the agreement. If the agreement is transferred to the bailiffs, the debt will be accrued from the moment the father is unable to confirm the fact of transferring the money.

Important! Often the notary refuses to certify the alimony agreement and refers the parents to the guardianship department to approve the draft document. But ch. 16 of the RF IC does not establish such a need. Guardianship departments do not have the authority to review the agreement. A notary is required to certify a document if it meets all legal requirements.

Parents should follow the following algorithm:

• Agree on the amount of payments and the frequency of their transfer.
• Make a project.
• Print in 3 copies (for mother, father, notary).
• Contact a notary office for certification.

The state fee for a notary is 250 rubles. (Article 333.24 of the Tax Code of the Russian Federation). If the parents completed the document themselves without legal errors, then only this amount is paid.

If a notary's assistance is required in preparing a document, he will additionally request payment for legal and technical services. Tariffs are set at the regional level. For example, in the Trans-Baikal Territory in 2021 you will have to pay from 3,750 to 5,500 rubles. And when transferring real estate as alimony - from 3,750 to 11,000 rubles. You can find out more about tariffs for each region on the FNP website.

Important! The Supreme Court of the Russian Federation ruled that a notary does not have the right to impose legal and technical services if the parents prepared the document themselves (Determination of the Supreme Court of the Russian Federation dated July 3, 2018).

Sample agreement

Procedure for transferring alimony

There are three main options for transferring funds: by payment order, personal transfer or cash transfer.

On behalf of

Since alimony is paid from wages, it can be logically assumed that the company has an accounting department that handles all the calculations. In this case, she needs to submit a payment order to transfer funds to the account of the alimony recipient.

It must indicate:

• Payer's passport details.
• Reason for transfer (agreement or court order).
• Month or other period for which the transfer is made.
• Payment amount.
• Recipient's account.
• Sequence of payments.

Personally

Alimony payments can also be transferred in person. For such operations, the vast majority of banks have an online user account, where it is enough to simply indicate the recipient’s details and the transfer amount. This method is especially relevant in cases where payment is made by agreement or the person does not have an official job.

Cash

The last method is the simplest and most accessible. You can simply meet the alimony recipient in person and give him/her the required amount in cash. However, it must be taken into account that in such a situation it is necessary to take a receipt for receipt of the funds. Otherwise, the recipient may simply declare that he did not see any money and “pin” the debt on the payer.

What can affect the amount of alimony?

In 2021, the amount of alimony may be affected by:

1. Agreement between parents (by notarial agreement). Mother and father have the right to set the amount of payments themselves. The law sets an approximate minimum level, but they determine the exact amount themselves.
2. Father's income. When assigning payments as a share of income, alimony always depends on the father’s level of earnings for the past month. If the father was on vacation or sick, then payments are withheld from vacation pay and sick leave.
3. Amount of expenses per child. The law obliges the father to pay child support in an amount that will provide the child with the usual level of comfort. That is, he must continue to attend the sections he attended before the divorce, be able to eat at the same level, and go on vacation.
4. The size of the living wage. The amount is set quarterly. If the amount increases, the amount of alimony increases accordingly. And if it decreases, it does not change.
5. Indexing. If alimony is collected in a fixed amount, it must be proportional to the subsistence level in the region (hereinafter referred to as the PMR). For example, 0.5 PMR or 1 PMR. This is required to simplify indexing. Indexation is carried out by a bailiff or by an accountant of the enterprise where the father works.

How are deductions taken?

As a rule, alimony is collected from wages. The Decree of the Government of the Russian Federation of July 18, 1996 “On the list of types of wages and other income from which alimony for minor children is withheld” identifies several more sources of income from which funds for the maintenance of minor children can be withheld. This list is exhaustive. Salary is the first source of payer that is subject to withholding.

Deductions, if they are paid from salary, are made:

• It is our responsibility to properly inform the tax and executive authorities.
• The accounting department of the legal entity where the payer works.

Option No. 2 is more common. Paying alimony yourself is mainly associated with the obligee’s lack of permanent sources of income. Specialists of the accounting department independently calculate and transfer to the recipient the amounts established by court order, and also send all the necessary information to the authorities for executing court decisions.

Alimony is withheld from:

• employee salary;
• bonuses and allowances (for length of service, for qualifications, hazard class, after receiving the “thirteenth salary”, etc.);
• for overtime work on weekends and holidays;
• with compensation for vacation and “holiday pay”;
• from amounts compensating for travel;
• from all remunerations (payments) under civil contracts;
• from creative fees.

If a person obligated for alimony is employed at several enterprises, writs of execution and court orders are sent to all places of employment. Accordingly, alimony is calculated from all wages.

We invite you to watch a video about how alimony is collected:

Arbitrage practice

Example 1

If the father pays child support voluntarily, then it is necessary to issue a receipt for each payment, or transfer it by bank transfer marked “Alimony.” But recently, bailiffs have begun to take into account transfers from the father’s account to the mother’s account, even if the purpose of the payment is not indicated.

Marina collected alimony from her ex-husband for her daughter by court order. The man did not have an official job, but regularly transferred money for his daughter to his ex-wife’s account. Over the course of several months, he transferred 218,050 rubles. In May, a quarrel occurred between the former spouses and the woman decided to collect arrears of alimony. To do this, she turned to the bailiffs for a certificate about the amount of debt. The bailiff calculated the debt, taking away the man's expenses for the child in the amount of 218,050 rubles. The woman filed an administrative application to challenge the certificate. She explained that this money was not alimony, it was transferred as voluntary financial assistance to the child. But the court did not share this point of view and refused to cancel the certificate (Decision No. 2A-3102/2018 2A-3102/2018~M-2975/2018 M-2975/2018 dated November 29, 2018 in case No. 2A-3102/2018 ).

No payer is immune from such a situation. Therefore, it is advisable to take a receipt, correctly draw up money transfers and promptly notify the bailiff about the payment of alimony.

Example 2

Often women want to collect alimony from the father of their children in the amount of the subsistence minimum. But the men are trying to challenge such a court decision. As an argument, they cite that mother and father are equal in matters of raising and maintaining the child. That is, they must provide a living wage for a child through joint efforts.

Olga filed a claim against her ex-husband to collect alimony in the form of a fixed payment. The man worked part-time at a car service station and had no regular income. She wanted to receive payments in the amount of the living wage. The court satisfied her demands. But the children's father filed an appeal to reduce the payment to 0.5 MMR, based on equality of parental responsibilities. The court of 2nd instance refused to satisfy the requirements, considering that the decision was made correctly (Decision No. 11-165/2018 of October 23, 2021 in case No. 11-165/2018).

We can conclude that despite the equality of rights and responsibilities of parents, the amount of alimony can be assigned in the form of the full subsistence minimum.

Calculation of alimony debt

If the payer evades payment or makes incomplete payment of alimony, a debt arises.

There are several methods for calculating alimony debt:

• Based on the amount of earnings (if the payer’s place of work and salary are known);
• Based on the average salary for the region of residence or country (if there is no data on the place of work and the amount of earnings of the payer during the period of debt formation);
• Based on the subsistence level (if alimony was paid in a fixed amount of money, a multiple of the subsistence level).

Those obligated to pay alimony should always keep track of their debt. We talked about how and where to quickly do this in the article “How to find out alimony debt online.” If you have reasons to reduce your debt, read the instructions “How to reduce your child support debt.”

Let's summarize:

• Parents can enter into a voluntary agreement to transfer funds in favor of the child.
• The mother has the right to file a claim for alimony from the father, and vice versa.
• The calculation of child support is related to the number of children, income, financial situation of the parents and other factors.
• Alimony from wages is withheld at the man’s place of work. An accountant is appointed responsible for calculations and transfers.
• Payments are subject to annual indexation.
• The accrual comes from the surplus, after personal income tax, contributions to the Pension Fund and other funds have been deducted from earnings.
• The maximum amount of alimony from salary cannot exceed 70%, most often up to 50%. The child support payer needs to support not only the child, but also himself.

Financial issues raise the most pressing questions among citizens. Women are interested in collecting alimony, calculating it, indexing it, finding debtors and bringing them to justice. Men are looking for a way to reduce alimony, change the method of payment, get rid of penalties and fines. It is very difficult to solve these problems without a legal education. Often you have to wait for whole months, knocking on the thresholds of the BAS, courts and accounting departments. Meanwhile, issues are resolved within the legal framework. The lawyers on our website are ready to help. We will tell women how to calculate alimony from their salary, keep it in a fixed form, index it and charge additional fines, and for men - how to pay a child, not a wife, or keep part of the income in their pocket? Contact us, we will help!

Useful video on the topic of deduction of alimony from the salary of the alimony-obligee:
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Author of the article

Irina Garmash

Family law consultant.

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Question answer

Should a father pay child support after 18 years of age if the child is studying?

The obligation to pay child support ceases from the moment the child turns 18 years old. An adult child can go to court and recover alimony from a parent only if there is a disability.

How to reduce the amount of child support from your first marriage

You can reduce the amount of payments:

1. By agreement of the parties (if funds are paid on the basis of a notarial agreement).
2. By court decision (if the mother is against a reduction in alimony by agreement or payments were collected through the court).

To reduce the amount of alimony through the court, the father must present compelling reasons:

• Child support was collected from him for other children, for parents, for other dependents;
• Recently, income has decreased (if alimony is assigned in a fixed amount);
• Was fired or laid off;
• A serious illness has been identified or a disability has been registered and he needs expensive treatment.

Important! The courts are extremely reluctant to reduce the amount of payments. Therefore, before filing a lawsuit, you need to carefully prepare evidence (medical documents about the disease, work record book, copy of the writ of execution for the collection of alimony).

What income can be recovered from?

Our legislation seriously monitors all the norms and rules that are established in the Family Code. For this reason, the parent who is responsible for making the payments must do so on all of their income.

Let's list some of them:

• all salary receipts;
• any bonuses and additional incentives at work;
• money from financial assistance;
• income from severance pay or vacation money provided by the employer;
• any income from securities;
• income from renting out your property;
• funds from pension;
• scholarships if the parent is studying.

Remember

1. The parent who lives separately from the child is required to pay child support.
2. Neither lack of work nor the state of health of the payer relieves the obligation. Civil servants, the unemployed, entrepreneurs and the disabled - everyone must pay alimony.
3. Payments can be established by agreement, court order or writ of execution.
4. The agreement is concluded voluntarily and certified by a notary. If the father does not voluntarily pay according to the agreement, then it can be handed over to the bailiffs so that alimony is withheld forcibly.
5. A court order is issued at the mother’s request by the court district at the father’s place of residence within 5 days from the date of application.
6. A writ of execution is issued on the basis of a court decision after it enters into legal force.
7. The amount of alimony depends on the agreement of the parents, the father’s income, the level of the child’s needs, the cost of living for the child in the region and in the Russian Federation, as well as on indexation.

Video for dessert: 10 Most Unequal Fights in Sports History

Who calculates alimony from an employee's salary?

The employer of the payer of alimony payments is responsible for their calculation. At the same time, according to paragraph 16 of Article 64 of the Federal Law “On Enforcement Proceedings,” representatives of the executive branch, by virtue of their powers, check the accounting records related to the workplace of the obligated person.

The organization is obliged to fulfill all the requirements of the bailiffs and submit its accounting records for inspection in accordance with Articles 12 and 14 of Federal Law No. 118. If the official request is ignored, the company faces a fine of 100,000 rubles, and the director personally - 20,000 rubles (Part 3 of Article 17.14 of the Administrative Code RF).

Collection of alimony as a percentage at the place of work

If the plaintiff, who is the recipient of alimony, decides to do without the intervention of the bailiff service, then he has the right to independently contact the administration of the organization at the payer’s place of work.

Eugene

Family Lawyer

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IMPORTANT! If the payer has several places of work, the recipient has the right to demand the required number of copies of court documents. This is necessary to withhold alimony payments from each source of income of the payer.

According to Article 109 of the RF IC, the employer has the right to withhold the amount of alimony from the employee’s wages if a writ of execution, a court order or a notarized tax payment agreement with an additional copy is provided.

Only in this option is the administration obliged to make monthly payments from the wages or other income of the employee who is the alimony payer. The transfer to the recipient of the payment must be made within three days from the date of payment of the salary. All costs incurred during the transfer are paid by the payer.

REFERENCE! The payer is not required to write and provide a statement about the need to deduct alimony.

The recipient of alimony has the right to choose the method of receiving funds to provide for children:

• from the cash desk of the enterprise where the payer is registered as an employee;
• receive funds into your personal bank account;
• use postal services and receive the transfer at the nearest branch.

He expresses his decision in a statement, which he submits to the accounting department of the organization responsible for withholding alimony payments from the payer’s wages. The application must contain not only information about the desired method of receiving payments, but also the address and details if necessary if it is decided to receive a transfer to a bank account.

If payments are received in cash from the organization’s cash desk, then the cashier must make a note about the details of the recipient’s personal passport, which contains:

• number,
• date of receipt,
• place of issue,
• registration information.

Collection of alimony as a percentage through the FSSP (bailiff service)

The recipient can use another method of collecting alimony from the payer. To do this, the writ of execution can be transferred to the Federal Bailiff Service (FSSP), where the relevant official will be obliged to initiate enforcement proceedings against the future payer and ensure that alimony payments begin to arrive to the claimant.

A person receiving alimony to provide for children may apply to the FSSP during the entire period covered by the alimony payments.

ATTENTION! The plaintiff can keep the writ of execution for 10 years from the date the court makes a decision to collect money from the defendant that is intended for the child. He has the right to contact the bailiff service even a few months before the child reaches adulthood, which means the termination of the payment period.

As in the case of applying to the administration of the organization for the purpose of work, it is necessary to submit an application, only to the bailiffs in order to consider the issue of collecting alimony from the payer. A parent living with a child who is the recipient of funds must personally contact the FSSP.

The application for recovery must contain:

• information about the claimant: passport details, telephone number, address at place of residence;
• data about the debtor similar to the data of the claimant;
• details of the issued writ of execution;
• details of the bank to whose account alimony payments will be credited.

REFERENCE! If you provide an alimony agreement certified by a notary, then you must write a statement, but indicating the details of the agreement.

After the bailiff receives the application, he is obliged to initiate enforcement proceedings within 24 hours, or refuse to collect the applicant. In case of refusal, you can challenge the decision through the court located at the place of work of the bailiff.

When opening a production case, the bailiff must contact the debtor to explain his obligations and rights. He must obtain information from the potential payer about:

• place of residence;
• personal contact for communication;
• workplace;
• all possible sources of income;
• personal property and its estimated value.

The bailiff must warn the debtor about criminal liability, which, in accordance with Article 157 of the Criminal Code of the Russian Federation, follows for evasion of alimony payments.