Transfer of alimony to a Sberbank bank card: application for transfer of alimony payments

Transferring alimony payments to the recipient's card is a fairly common and convenient way to pay alimony benefits for a minor child. It can be implemented regardless of the mechanism for paying alimony - from the payer’s salary, through independent transfers to them, or as part of forced collection - the main factors are whether the recipient has an open card account and an application submitted by him at the place of deduction, with a request to transfer money to the card.

In addition, the legislator also allows the benefit payer to require the transfer of half of the alimony directly to the child’s card. However, this issue is resolved exclusively in court and requires evidence that the funds are not used for the needs of the child and the remaining part will be sufficient for his full maintenance.

At the same time, it is considered quite acceptable to independently transfer alimony from the payer’s card account to the recipient’s card, however, such a procedure requires taking into account some features . Despite this, the legislation excludes the possibility of collecting alimony from the payer’s credit card.

How to transfer alimony to a Sberbank card

As is known, the collection of alimony can be carried out both voluntarily (under an agreement on the payment of alimony) and in a forced manner (under a writ of execution) (Article 80 of the Family Code). Regardless of this, the alimony payer must always have documentary evidence of the fact that his alimony obligation has been fulfilled.

Otherwise, employees of the FSSP (Federal Bailiff Service), who control the execution process, may accrue a debt to him . To avoid litigation with bailiffs and other related problems, it is advisable to transfer alimony to the card account of the alimony recipient (for example, ex-wife) opened in Sberbank.

It should be remembered that the method of receiving alimony maintenance is determined at the request of its recipient and must be indicated in the agreement on the payment of alimony or the writ of execution.

Thus, in order to transfer alimony funds to a Sberbank card, the recipient must be willing and have an open card account. In addition, transferring money to a card requires accounting :

Voluntary agreement on the payment of alimony (Article 99 of the SK) . It should indicate not only the need to transfer funds to the card with the appropriate details , but also the amount of the benefit in a fixed amount or part of the income, as well as the frequency of their payment. Based on this agreement, the alimony debtor can independently transfer funds to the card; no additional applications from the recipient are required for this.
Employment of the alimony debtor . If the alimony payer is officially employed, at the request of the recipient, the administration of the enterprise or organization in which he works or receives any income (for example, the Pension Fund) will be obliged to independently calculate the amount of the benefit from the debtor’s salary. It is transferred to the recipient's account specified in the application within three days from the date of payment of the salary (Article 109 of the Insurance Code).
Open enforcement proceedings for alimony . If the debtor is not officially employed and the actual collection is carried out by bailiffs, then the application for the need to transfer funds to the card must be submitted to them. They will oblige the debtor to transfer money either to the recipient’s account specified in the application or to the deposit account of the SSP branch, after which, in accordance with paragraph 1 of Art. 110 Federal Law No. 229 dated October 2, 2007, within 5 working days, they will transfer them to the recipient’s account.
Costs associated with translation . According to Art. 109 SK, expenses associated with transfers of alimony to the card are paid by the payer and are not taken into account towards the specified benefit.

Purpose of payment when transferring alimony

We all know how important it is to prepare documentation correctly and how this can later affect the validity of the document. This issue does not bypass the payment of alimony.

Very often, a negligent attitude to the execution of a money transfer or simply ignorance of how to correctly fill out a payment order for alimony can result in a lot of problems for us.

Therefore, if you want payments to be made legally, then you must correctly indicate the purpose of the payment when transferring alimony.

Attention!
Most cases regarding alimony are extremely individual and consist of a very large number of factors.

Understanding the legal framework is desirable, but it cannot guarantee a solution to your specific situation.

Therefore, you can check any information with our on-duty legal consultants 24/7 and free of charge.

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There are several ways to transfer alimony, you choose the most convenient one for yourself. There will not be much difference in the purpose of the payment, but it is worth familiarizing yourself with the rules below.

Payment in cash directly to the recipient

This type of money transfer is called “hand to hand”. As practice shows, this is one of the most common methods, as it is quite convenient.

However, when we choose this option, we do not always think about the consequences.

After all, if at one certain moment the transfer of money does not occur, then it will be almost impossible to prove this fact in court, since you will not have the relevant evidence.

Therefore, if you nevertheless choose this method of transferring funds for yourself, then at least give it legal force, namely, draw up a receipt each time. This will help avoid common mistakes and will serve as confirmation of receipt of alimony.

In order not to write a receipt every time, you can prepare a ready-made template in advance or ask a lawyer about it, where the details of the recipient, the payer and the grounds for payment of funds will already be written down. You will only need to enter the date, the amount of alimony (in numbers and in words) and the purpose of payment - child support, full name and for what period.

After this, the document is endorsed with the signatures of both parties. It does not need to be certified by a notary.

Lawyers have a negative attitude towards this type of transfers, since cash payments are associated with the largest number of disputes, which are quite difficult to resolve. Especially in the absence of evidence.

Transfer through an electronic system - mail, bank cash desk, client-bank, self-service terminals

If the alimony payer himself is engaged in transferring funds, then a reliable method is a bank transfer or transfer through a post office. Transfer of alimony in non-cash form can be carried out without even leaving home, for example, using a bank account.

However, regardless of the chosen method of transferring money - through a cash register, terminal, banking or mail, it is very important to correctly indicate its purpose in the payment document. Otherwise, this payment may be classified as other expenses, but not as alimony.

Therefore, in the “Purpose of payment” field, write down “Payment of child support, full name, for a certain month, on the basis of writ of execution No...”

Make the transfer 2-3 days before the specified date in the writ of execution, since according to banking regulations, they can credit funds up to 3 days, thereby unintentionally triggering the formation of debt and the accrual of penalties.

Thanks to the convenience and reliability of a bank payment order, you can check the status of your transfer, make statements for a certain period, and receive a certificate from the bank about the crediting of funds.

All this helps to prove the fact of payment of alimony in the event of a controversial situation.

Transfer of alimony from wages at the place of work

When the alimony payer has an official place of work, alimony is usually collected automatically by the accounting department or the employer in accordance with the alimony agreement or writ of execution.

From this moment, the parent’s responsibility for the timely payment of funds is removed and falls on the shoulders of the accountant.

He also fills out a document where you need to correctly indicate the purpose of payment when transferring alimony.

The basis for regular payments can also be a personal statement written by the employee, if the parents did not go to court to collect alimony. This method is no less reliable, since the correctness and regularity of payments is controlled by a bailiff, and if necessary, an accountant can issue an appropriate certificate of the transferred amounts.

How to transfer alimony by payment order

A payment order is a document on the basis of which funds are transferred from one current account to another. When transferring alimony funds, you must follow certain rules.

Required documents

As for the documents, you will only need those papers that contain the necessary information to fill out the payment order. It can be:

Passport;
TIN;
A document serving as the basis for the legal collection of alimony;
Recipient details.

How to fill out a payment order

How should a document about the transfer of alimony funds be filled out, and what information must be contained in it:

The payment order is assigned a number. It is indicated at the top and is created automatically after saving the typed payment;
Date of the document;
Document type: electronic;
Information about the payer – full name, INN, account details, bank name, OKPO;
Information about the recipient - full name, INN, account details, bank name, OKPO;
The amount must be entered in numbers and words;
Payment type. For alimony, select 01;
The order of deduction (that is, in what sequence this document must be paid) – 1. Alimony payments are made first, in accordance with Article 855 of the Civil Code of the Russian Federation;
Purpose of payment – child support, full name, date, month, grounds for collection;
Payer's signature.

Remember that any bank document filled out incorrectly will not be processed, resulting in the money not being credited to the recipient's account. You will be notified of this, and you will have to correct errors in the order or refuse and create a new one.

Each of the listed items in the payment order has its own field, so it’s easy to figure out where and what information to enter. If you are worried that you will fill out the document incorrectly, you can ask an accountant at work or a bank employee for a sample.

Sample payment order for the transfer of alimony under a writ of execution

download the payment order for the transfer of alimony according to the writ of execution

How to correctly indicate the purpose of payment in a payment order for alimony?

For any payment order, it is very important to enter the “Purpose of payment” field, especially if the transfer has a specific purpose. This field must contain the following information:

The purpose of transferring money is alimony;
To whom – Ivanov D.S.;
For what period – month, year;
If alimony is paid officially, then you need to indicate the grounds - the number of the writ of execution, court order or alimony agreement;
VAT/excl. VAT. When alimony is always written without VAT, since this type of collection is not taxed.

For example, the assignment is as follows: “Child support for D.S. Ivanov, for January 2021, according to writ of execution No. 135-67, excluding VAT.” If you have indicated everything correctly, then the transfer of funds usually occurs on the same day, and the saved receipt, if necessary, will serve as proof of regular alimony payments.

That is, you understand how important it is to correctly indicate all the information in the order, and especially in the “Purpose of payment” field.

With an irresponsible attitude, an incorrectly drawn up payment order may become a reason for the accrual of penalties, even though the funds will be transferred to the recipient’s account, they will not apply to the intended purpose, that is, alimony.

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Source: https://alimentypro.ru/naznachenie-platezha-pri-perechislenii-alimentov/

Application for transfer of alimony to a card

As already mentioned, an application for the transfer of alimony to a Sberbank card can be submitted by the recipient either to the administration of the enterprise or organization in which the debtor receives any income (salary, pension, unemployment benefits), or directly to the FSSP division , in whose competence includes conducting enforcement proceedings against a specific debtor.

Regardless of the addressee, the said application is subject to mandatory written confirmation and is submitted in two copies, one of which remains with the addressee, and on the second, the office of the organization puts a mark on its acceptance, after which it is returned to the applicant and kept by him.

It is also acceptable to send the application by registered mail with notification of receipt. In addition, when drawing up this application, it is necessary to take into account that:

The header of the application indicates the addressee, as well as the applicant’s details - full name, address, telephone number. So, if the application is sent to the place of work of the alimony payer, it is made in the name of the chief accountant , if in the SSP - in the name of the bailiff who is conducting enforcement proceedings. If the proceedings have not yet been opened, then the application is made to the head of the SSP unit .
Regardless of where it is submitted, the application is drawn up in any form. So, it should contain an indication of:
the organization's obligation to withhold alimony from his salary, in accordance with Art. 109 SK (when submitted at the place of receipt of income);
the applicant’s request to open enforcement proceedings (if it has not yet been opened) and collect alimony in favor of the applicant, based on a specific writ of execution (when submitted to the SPP division);
a request for the transfer of withheld or collected amounts of alimony to a specific account opened in Sberbank, with the obligatory indication of such an account.
The application is signed personally by the recipient of alimony or his representative (if there is a power of attorney).
Along with the application, the alimony recipient must submit some documents . Thus, the application is submitted together with a copy of the passport, the original document of execution or a notarized agreement on the payment of alimony and an extract received from a Sberbank branch indicating the details of the account opened by the recipient . If enforcement proceedings have already been opened at the SSP branch, only a bank extract is attached to the application.

How to fill out a payment order for the transfer of alimony from 06/01/2020

From June 1, 2021, by the instructions of the Central Bank of Russia No. 5286-U, mandatory codes have been introduced that are indicated when issuing payment orders to individuals. The encoding is entered in field 20 “Name. pl.” and is intended to separate payments to citizens who can be levied under enforcement proceedings and who cannot.

There are only three codes:

1 - income that bailiffs have the right to seize, but subject to restrictions: wages, vacation pay, disability benefits;

2 - payments for which recovery is not applied: alimony, child benefits (Article 101 229-FZ of October 2, 2007);

3 – compensation for harm to health.

When transferring child support withheld from an employee, indicate the second income code in the payment order for alimony in field 20.

How deductions are made

Withholding of alimony from an employee is carried out either by writ of execution or by personal application of the employee.

If the organization receives a writ of execution, then child support is withheld regardless of the employee’s wishes. It specifies the amounts and procedure for withholding, and the details of the recipient.

If the transfer to the recipient is made by bank transfer, then it is necessary to fill out a payment order when transferring alimony, taking into account the latest changes in the processing of transfers to individuals.

deduction for a minor is stopped under a writ of execution only when the child reaches the age of majority or upon the dismissal of an employee.

From what income is alimony withheld?

for minors is paid from all employee income not only during work, but also during absence from work:

wages;
bonuses, allowances, and other remuneration for performing job duties;
vacation pay;
temporary disability benefits.

The full list is given in Government Decree No. 841 of July 18, 1996.

The deduction should be made from the salary after personal income tax has been deducted.

The types of payments from which child support is not withheld include (Article 101 229-FZ):

travel expenses and other accountable amounts;
compensation payments in connection with the use of the employee’s personal property in the interests of the organization. The government list clarifies that we are talking about the use of tools, transport, equipment, other technical means and materials, reimbursement of expenses associated with their use (RF Government Decree No. 388 of 04/01/2019);
compulsory social insurance benefits, with the exception of sick leave payments;
financial assistance in connection with an emergency or the death of a family member.

Deduction amount

If the parents have not agreed on the amount of child support, then it is collected in court in the amount of:

quarters of income - per child;
thirds of income - for two children;
half of earnings - on three or more.

If a citizen does not comply with the court’s demand voluntarily, then the writ of execution is sent to his place of work. The employer is obliged to fulfill it unconditionally. How to draw up a payment order for alimony under a writ of execution and avoid mistakes?

According to the writ of execution, in addition to current payments for children, the resulting debt is collected. The maximum total percentage of such deduction is 70% of the employee's earnings.

Example

Semenov Andrey Petrovich pays, according to the writ of execution for his son, to his ex-wife, Semenova Inna Leonidovna, a payment in the amount of 25% of the income. In May 2021, he received a salary of 30,000 rubles. He did not submit an application for personal income tax deductions. Let's calculate the amount of deduction:

Features of filling out a payment document

The employer is obliged to transfer the amounts withheld from the employee's salary to the recipient of the minor's support within three days from the date of payment of the employee's salary (Part 3 of Article 98 of Law No. 229-FZ).

When issuing a payment order, you must indicate the recipient's full name and bank details. They are either indicated in the writ of execution, or the employee indicates them in the application (when paying maintenance for minors by agreement).

Payment of child support is debited from the account on a priority basis (Article 855 of the Civil Code of the Russian Federation), therefore, in field 21 of the payment order, indicate “1”.

When transferring by agreement between the child’s parents, the details of this document should be indicated in the purpose of payment.

Example of alimony payment from June 1, 2020

If maintenance is paid for a minor by court decision, then in the purpose of payment, be sure to indicate the number and date of the writ of execution.

Sample - how to fill out a payment order for alimony from 06/01/2020

After June 1, 2021, amounts withheld under enforcement documents should be indicated in the order on the transfer of income from which the withholding was made. Such clarifications are given by the Bank of Russia in letter No. IN-05-45/10 dated February 27, 2020. When filling out a payment order for your salary, enter in field 24 “Purpose of payment” the amount of funds withheld.

Transfer to the account of bailiffs

Sometimes the decree on the execution of a court decision does not indicate the second parent as the recipient, but the Office of the Federal Bailiff Service.

This situation arises, for example, when collecting a debt, in the absence of the ability for the applicant or the child to receive funds either in cash or in non-cash form (no bank card or account), and if the children are supported by the state.

In this case, the recipient of the payment is the Federal Bailiff Service. But despite the fact that the funds are transferred to a government agency, the payment order for alimony should not be filled out in the fields intended for payments to the budget.

This is explained by the fact that such a payment is not a transfer to the budget (tax, fee), but is simply accumulated by the bailiff service in a special account for further payment to the recipient.

Source: https://clubtk.ru/forms/bukhgalteriya-v-kadrakh/alimenty-kak-zapolnit-platezhnoe-poruchenie

Child support card

Amounts of money intended for a minor child as alimony are placed at the disposal of one of his parents and are spent by him exclusively on the maintenance, upbringing and education of his child. In the case of using funds received by a parent as child support to satisfy their own interests, this should be regarded as a violation of the property rights of such a child.

If there is evidence of such or any other misuse of funds, in accordance with paragraph 2 of Art. 60 of the IC, the alimony payer has the right to demand from the court a decision to transfer 50% of the alimony payable directly to the child’s savings account.

Such a decision will not only save the benefit from misuse and realize the property rights of the child, but also improve the property status of the minor in the future. At the same time, it is necessary to take into account that:

When considering this category of cases, the courts are guided precisely by the interests of the child . As a rule, judges allow half of the child support payments to be kept in a savings account only if the amount of the benefit paid is at least 2 times the minimum cost of living for the child. If the amount of alimony is less, the courts either refuse to make decisions or propose to reduce the amount of alimony saved.
When the court makes such a decision, it must provide for a special procedure for withdrawing funds. In particular, it may be established that the recipient of alimony can cash out a savings account only with permission from the guardianship authorities , subject to full reporting of the expenditure of said alimony.
Being the legal representative of the child (Article 52 of the Code of Civil Procedure), the parent who pays alimony can independently open a savings or any other account for his child at Sberbank. For this purpose, the child’s birth certificate and the passport of the alimony payer will be sufficient.
The 50% limit is established only in relation to the claims of alimony payers - the recipient of the benefit can, without any court decision, transfer the funds he receives to the child’s account in any amount .
If the court refused to change the procedure for executing the court decision on alimony and transferring half (or less) of the funds to the child’s personal account, in order to protect his property rights, the parent can additionally transfer funds that will not be included in the alimony account, but will accumulate in a savings account. child's account.

Alimony from card to card

Officially unemployed payers of alimony, or payers who fulfill this obligation under an agreement on a voluntary basis, can transfer the amount of the required benefit to the recipient's card account opened in Sberbank from their card opened in any Russian bank .

Independent transfer of alimony from card to card allows the payer to control the amount of amounts paid. In addition, in the case of a transfer within the same bank, this will save on bank commissions.

However, this method of transferring money is associated with some features and risks, the consideration of which is mandatory for the alimony payer:

Thus, when transferring money from card to card, it is extremely important to keep all transfer receipts or bank statements indicating the amount, date of transfer and the purpose of the payment “alimony for the maintenance of a minor child.” Only they can become documentary evidence of the fact of payment of alimony in case of misunderstandings, questions to the payer from bailiffs and the occurrence of imaginary debt.
In addition, the transfer of alimony benefits to the card of the child’s mother must always be carried out from a card issued to the payer of such benefits, but not to another individual. face. Otherwise, even if there are receipts and statements, it will be impossible to prove the fact of payment, since the actual payer will be the card owner, but not the alimony payer himself.
In the absence of receipts and bank statements or payment of benefits not from his card, the alimony payer can prove the fact of their payment only by a receipt issued to him by the recipient of such benefits. Thus, it is advisable to discuss the possibility of the recipient of the benefit issuing a receipt for its receipt with him in advance, since if it is refused, this method of paying alimony will be unacceptable.

Sample payment for alimony in Sberbank - Advice from a lawyer

There are only three codes:

1 - income that bailiffs have the right to seize, but subject to restrictions: wages, vacation pay, disability benefits;

2 - payments for which recovery is not applied: alimony, child benefits (Article 101 229-FZ of October 2, 2007);

3 – compensation for harm to health.

When transferring child support withheld from an employee, indicate the second income code in the payment order for alimony in field 20.

Child support from a credit card

According to Art. 82 of the RF IC, alimony for the maintenance of minor children in national or foreign currency can be withheld only from the earnings or other income of the parent who is responsible for paying them. According to Art. 41 of the Tax Code, income is considered to be economic benefit in cash or in kind, taken into account, including for personal income tax purposes. Chapter 23 of the Tax Code, which regulates personal income tax, like all legislation, does not provide a clearer concept of income.

Scientific literature qualifies income as material and economic benefits received as a result of labor, entrepreneurial and other activities, as well as those associated with improving the property status of a person, regardless of the reasons for its receipt.

In addition, when determining the income from which alimony may be withheld, it is necessary to take into account that:

The main indicator of income from which alimony allowance can be withheld is the existence of ownership rights to the items of such income - money, property, rights. In this case, these items of income must be received by the benefit payer on a non-refundable basis - otherwise no income arises.
In addition, it is necessary to take into account the fact that Decree of the Government of the Russian Federation No. 841 of July 18, 1996 defines the List of types of wages and other income from which alimony can be withheld. It includes all types of salaries and income, both at the main place of work and part-time, including bonuses, allowances, pensions, scholarships, benefits, financial assistance, sales income, etc. Loans are not included in this list .
Based on the fact that loans are provided on a repayable basis, they cannot form the income of an individual and cannot be considered his salary. Considering that loans are not included in the above exhaustive List and do not fall under the definition of income, alimony cannot be withheld from them .