Methods of paying child support

Methods of paying child support Methods of paying child support

The methods and procedure for paying alimony depend on the basis on which it is carried out. If a voluntary agreement has been concluded, then the payment framework is stipulated in accordance with the agreement. In the case of a court ruling, it is the legislative norms that are taken into account. The court's decision should be based on the financial capabilities of both parties. That is, a penalty cannot be imposed without taking into account the real state of affairs, for example, when the payer does not have funds, and the recipient does not particularly need them.

Methods of collecting and paying alimony

In the absence of a voluntary agreement between the parties, the court imposes a penalty for the payment of alimony according to two main options:

  • when the payer is officially employed, a percentage deduction of part of the salary is assigned in favor of the custodial parent;
  • in the absence of regular income, the amount of payments can be set on a fixed basis.

Judicial recovery is based on the plaintiff’s statement of claim and takes into account his wishes. That is, you can receive money for maintenance:

  • in cash through hand-to-hand transfer against receipt of receipt;
  • postal transfer;
  • by bank transfer to an account or card.

All commissions must be withheld from the payer. He also cannot insist on an option that is convenient for himself if the latter is not convenient for the recipient. However, the court may take into account wishes and provide an opportunity for compromise.

Regarding the collection of funds in a fixed amount, you must refer to Article 83 of the RF IC. It prescribes that this method is prescribed if there is no official income. Difficulties that may arise are also taken into account. If they significantly violate the interests of one of the parties, then a fixed payment is also assigned.

Methods of paying alimony voluntarily by agreement

The law stipulates that the following amounts can be deducted from official wages for child support:

  • 25% for the maintenance of one child;
  • 33% for the maintenance of two children;
  • 50% for three.

These are the amounts that are assigned for payment in court. If a voluntary agreement is concluded, the law prescribes that the specified amounts are minimum. That is, if the payer tries to evade obligations and pay less, he can justifiably be sued.

The method and procedure for paying alimony by agreement on a voluntary basis is regulated by Article 104 of the RF IC. It prescribes the following options:

  • withholding a certain share of salary or other income;
  • a fixed amount that is paid over a specified period;
  • making a one-time fixed payment;
  • provision of certain property, usually also in a lump sum.

The article also assumes the existence of other options on which mutual agreement will be reached. By agreement, a combination of two or more options is also allowed.

Changing the method and procedure for paying alimony

Often, for both the payer and the recipient, the question of how to change the method of paying alimony often becomes relevant.

To resolve this issue, it is necessary to refer to Article 119 of the RF IC.

It prescribes that if the material conditions of one of the parties change, the judicial penalty can be appealed. However, the interest of the other party is also taken into account.

It is necessary to take into account the difference in the procedure and method of paying alimony. Changing the order involves considering a different sequence in enforcement proceedings.

Changing the method takes into account the form of payment and the possibility of its accrual. For example, a court order ordered the payment of alimony in the form of personal transfer from hand to hand. One of the parties moved to another city.

Accordingly, it is more convenient to transfer by bank or postal transfer.

Methods of paying child support

Statement of claim to change the method of payment of alimony

A court decision to change the method of payment of alimony can be changed by filing an appropriate lawsuit. It is compiled according to general rules. The main points to make are as follows:

  • an indication of the court decision according to which changes should be made, its date and details;
  • reasons for making changes, mandatory indication of the reason;
  • requirements for new conditions and method of payment of alimony.

Such a statement of claim is filed in the same court that issued the order for collection. There is no state duty imposed on this claim. The court hearing considers this application, after which it notifies both parties of the decision made.

It is recommended that all accompanying copies of previous decisions be attached to the document. Materials on the enforcement proceedings carried out, if any, may also be attached. This will significantly speed up the review process.

Download a sample statement of claim to change the method of payment of alimony

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week): ( 3 ratings, average: 5.00 out of 5) Loading…

Ways to avoid alimony

If you are called by a government official, do not rush to agree with the court decision. All the latest changes in Ukrainian legislation have been taken into account.

Let us immediately note that the essence of the right to forced collection of child support is that alimony can only be collected from the parent who evades child support.

Evasion of child support It is important to understand that this circumstance is subject to mandatory legal justification.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

  • The plenum of the Supreme Court told when it is possible to collect alimony not according to the rules
  • Legal Services Bureau
  • Payment of child support: procedure, methods and terms of transfer
  • All about alimony
  • Antibaby forum
  • How not to pay child support - tricks and consequences

The plenum of the Supreme Court told when it is possible to collect alimony not according to the rules

Share on social networks: State Duma deputies may consider such an initiative, m said. Such a measure will protect the interests of the child in the event that a parent decides to hide the true size of his income.

It is necessary to work on mechanisms that would protect the rights of children in this direction.

But the question is complex, there are many different opinions. Therefore, we will discuss it with people and specialists from specialized fields as part of a round table,” Pushkina said.

It is proposed to revise the principle of calculating alimony in a fixed amount.

Now its size depends on the welfare of the parent, which leaves a loophole for those who try to evade the legal obligations to support the child.

Therefore, the amount of alimony in this case is proposed to be calculated based on the minimum subsistence level established for the child. And then, depending on the specific situation, the payment may be a percentage of this amount or a multiple of it. According to current legislation, alimony for minor children can be collected in two ways.

If a parent has a permanent job and a fixed income, the court may order payments equal to a percentage of monthly income. If the parent does not have a fixed income, for example, if he works on a project basis, is engaged in freelancing, or has another type of free employment, the court may order payments in a fixed amount.

Such alimony is indexed in proportion to the increase in the cost of living. However, when the issue of the amount of such an amount is decided during the claim proceedings, the level of income of the parent is taken into account.

Judges try to maintain the same standard of living for the child, but with this approach, a citizen can use a fraudulent scheme to hide the true size of his income and not pay money for child support.

If you calculate a fixed sum of money as a share of the subsistence minimum established for a child, the possibility of using schemes to avoid alimony is reduced to nothing. Lawyer and retired police colonel Evgeniy Chernousov believes that this approach will help in the fight against malicious alimony payers.

Or a citizen “for show” is engaged in some kind of low-skilled work with a minimum wage, and receives his main income from another source. To collect alimony, bailiffs can seize property, so parents often transfer their cars, apartments and other valuable assets to other people.

From an official point of view, he is as naked as a falcon, but at the same time he continues to live at a much higher level,” the expert said. He added that there is also a completely radical scheme. Previously it was easier to do this, now it is much more difficult, but such cases still occur.

You can find such a child support provider only if, through his stupidity, he comes to the attention of law enforcement officers - for example, he commits a more serious crime,” Chernousov emphasized. According to him, most often fathers avoid paying child support.

However, there are cases when a case is brought against the mother. As a rule, this happens if a woman leads an antisocial lifestyle: President of the International Women’s Center “Women’s Future”, UNESCO Goodwill Ambassador, Alexandra Ochirova welcomes initiatives aimed at protecting the legal rights and interests of children.

They are financially responsible for the welfare of their children until they reach adulthood. Therefore, it is necessary to counteract those who evade paying alimony. And it would also be a good idea to attract employers who pander to alimony workers. Children should be the most socially protected group in our society,” she concluded.

Related links.

Legal Services Bureau

Is it legal for me to be paid alimony as a non-working person at the average regional salary if I am caring for a disabled person? No, they should be calculated at the subsistence level. He - a share, I - refusal of alimony. Sorry, sinful fool, I bombarded you with questions...

Read also:  Statement of claim for eviction of ex-spouse from residential premises (sample) 2023

We will send the material to you by email: By clicking on the button, you consent to the processing of your personal data and sending letters. The desire to reduce the amount of alimony paid is not always caused by the parent’s impartial desire to evade responsibility for supporting their child.

Home Registration of alimony Registration of alimony Alimony is money paid by an obligated person for the maintenance of another person who is related to him or her in relation to a former relative and recognized by law as needy.

In general, alimony payments are due to the following categories of needy persons: In this case, there are two ways to arrange alimony: Voluntary through a notary - when the intended payer and recipient mutually agree on the amount of funds paid and the frequency of payments.

Forced through the court - when a person obliged to pay alimony refuses to voluntarily participate in the maintenance of a needy child, parent, or spouse.

Payment of child support: procedure, methods and terms of transfer

DK 0 Comments Divorce is a painful and unpleasant process, and if the spouses had minor children, the matter does not end with divorce. Problems with alimony begin.

Divorced men constantly look on the Internet for information on how not to pay alimony, while their ex-wives, on the contrary, are looking for ways to bring the alimony defaulter to justice.

Today we will look at the rights of the alimony payer and when the obligation to pay money for a child or incapacitated spouse ceases. Giving up a child doesn't change anything Some men hope that if they give up their child, they will no longer be required to pay child support for it.

Like, not my child and the problem is not mine either. However, the law in this matter is on the side of minors - the Family Code directly prescribes that in case of abandonment of parental responsibilities and refusal to pay child support, the required amounts will be collected by force.

All about alimony

Alimony may be paid: This issue was discussed on the forum! Amount of alimony The amount of alimony is: At the same time, the amount of alimony cannot be less than the following amounts:

Whether you want it or not, the time will come to pay someday. The legislation of the Russian Federation establishes a procedure for assigning child support obligations, applicable to the parent who lives separately from the child, but at the same time is obliged to financially support their minor child.

Depending on the situation and collection options, there are various ways in which the alimony amount is paid: In addition, by agreement of the parties, there are options for paying a lump sum or registering part of the payer’s property in the name of the recipient instead of regular payments. Appointment of alimony in court is carried out in the manner prescribed by law.

Antibaby forum

How it works: For example, the court may take into account that the debtor has other children for whom he pays child support, and other legal dependents. You can take into account the health, ability to work, and low income of the alimony payer. When determining the amount of alimony, you should keep in mind not only the parent’s income, but also his property.

WATCH THE VIDEO ON THE TOPIC: Collection of alimony: shares or a fixed sum of money

Watch videos on this topic Is it possible not to pay child support? In what cases is child support not paid? In addition to the above methods to be exempt from paying child support, there are three more, which not all payers can use. Drawing up a child support agreement by parents. This is an official document that requires certification by a notary. It has legal force only in the absence of a court decision on the need to pay alimony.

How not to pay child support - tricks and consequences

Share on social networks: State Duma deputies may consider such an initiative, m said. Such a measure will protect the interests of the child in the event that a parent decides to hide the true size of his income.

It is necessary to work on mechanisms that would protect the rights of children in this direction. But the question is complex, there are many different opinions.

Therefore, we will discuss it with people and specialists from specialized fields as part of a round table,” Pushkina said.

In other cases, if alimony is not paid, the payment amount will be. In Russia, there are two ways to pay alimony.

The calculation of alimony in the TDS is inextricably linked with the cost of living for a specific category of persons in the region of residence or in the Russian Federation as a whole.

This means that when deciding on the amount of alimony, the court takes into account the fact that alimony must satisfy the basic needs of the recipient of financial assistance.

In each specific situation, the final amount of alimony depends on the choice of the correct method of calculating alimony.

Everything you need to know about alimony: How to arrange alimony and what is the responsibility for evading it? Minister of Justice Pavel Petrenko spoke about this within the framework of a joint project of the Segodnya website and the Ministry of Justice. The Segodnya website, together with the Ministry of Justice, is launching an awareness-raising project. We analyzed the most popular Internet requests from Ukrainians to the Ministry of Justice and asked the head of the department, Pavel Petrenko, to answer them.

They were completely divorced, or What you need to know about the payment of alimony Previously, they were not endowed with such powers - they could only initiate cases against debtors, but not detain them.

The corresponding bill was adopted in the third and final reading.

It will enable bailiffs to detain and deliver alimony debtors themselves in order to carry out proceedings in an administrative offense case.

Information on the topic: How to get away from paying alimony How to get away from alimony - this question can be posed not in the sense of how to get away from paying alimony altogether; alimony must be paid by force of law, but in the sense of how to get away from alimony if the right to alimony is abused by the child’s mother .

Evdokia Fedorova Number of views: Percentage of earnings A percentage of a parent’s earnings and other income is the most common method of collecting alimony through writ and lawsuit proceedings.

The types of earnings and other income from which alimony may be deducted are determined by the Decree of the Government of the Russian Federation dated This scheme is used when calculating payments for minor children in accordance with Art.

Alimony is collected by the court monthly in the amount of:

Alimony Updated The very concept of alimony has been known since the times of Ancient Rome, but at that time the obligation to pay it was exclusively moral in nature. In the most general terms, alimony obligations are discussed in some international agreements, to which Russia is also a party.

The circle of persons entitled to alimony, persons obligated to pay it, the amount and terms of payment of alimony, the procedure for their indexation and other relations related to the establishment and fulfillment of alimony obligations are regulated by the Family Code of the Russian Federation, hereinafter referred to as the Family Code.

The Decree of the Government of the Russian Federation of July 18 is important.

.

Methods of paying child support

  • He only needs to take his passport with him.
  • Tip: In order not to have to deal with a huge number of one-time passwords, we recommend linking your mobile bank to your phone number.
  • To register a mobile bank and pay alimony, you need:
  1. Run only for the first time:
    1. Create a username and a strong password;
    2. Download the Sberbank Online mobile application to your mobile phone or go to the bank’s website;
  2. Permanent entry for payment of alimony:
    1. Enter your username and password and enter your personal account;
    2. Go to the “Payments and Transfers” section;
    3. Fill out the transfer form, identical to paying alimony through an ATM;
  3. At the request of the payer, set up automatic payment or save a template for payment of alimony.
  1. To pay alimony online from a card to the recipient's Sberbank card, you do not need to pay a commission.
  2. judicially .
  • 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.

Conclusion

The method of payment of alimony is not significant . Parents can choose any option for transferring money that is convenient for them: postal transfer, bank payment or crediting part of the money to the child’s account.

Much more important is the frequency and completeness of alimony payments . Late or incomplete payment of alimony inevitably entails liability established by law.

Question answer

At the moment, I have two minor children left from my first marriage; they live with their mother.

Even if the person withdrawing funds is the child's biological father or mother, permission is still required.

obtain permission from the guardianship and trusteeship department at your place of residence by filling out the application suggested by specialists. The purpose of withdrawing funds must indicate exclusively the needs of the child (food, treatment, education, etc.).

To avoid additional documentation difficulties, it is easier for the recipient to indicate his personal bank account in order to freely use incoming alimony payments.

In some cases, the law provides for the possibility of completely releasing the payer from the need to pay alimony, in particular when his financial or marital status changes. However, your right not to pay alimony will need to be proven in court.

Methods of paying alimony

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 amount of money .

Methods of paying child support in 2023

However, it is necessary to first establish all sources of profit and calculate everything, try on the most convenient payment option, taking into account the fact that payments can be made over a long period of time.

How are payments transferred?

  • Today, there are several ways to pay monthly alimony, so each person obliged to support children can negotiate with their mother (father) the most suitable option, according to which a certain amount of money will be paid monthly.
  • Several transfer methods.

Through the accounting department at the place of work

If the divorced spouses have agreed that alimony will be transferred by the accounting department of the enterprise in which the payer works. However, in this case, a state duty is paid, which is why, accordingly, an amount exceeding that established by the court is deducted from the salary.

Methods of paying child support up to 15

Namely:

If the payer does not indicate in the purpose of payment that the transferred funds are intended for the maintenance of the child, then they will be regarded as a gratuitous gift to the child’s mother. As a result, the person obligated for alimony will be in debt.

Lawyers advise indicating the following information in the purpose of payment:

  1. Name of payment – ​​alimony for the maintenance of a minor child;
  2. Full name of the child or other person to whom the funds are transferred;
  3. The exact payment period, for example, for June 2017.

When paying, always select the “Print receipt” option or save it on your phone so that you have proof of payment of child support.

Subsequently, keep all checks and receipts confirming the payment of alimony in a special folder in case of litigation.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.

How to pay child support correctly: procedure

Many citizens wonder how to pay child support correctly. This question is of interest mainly to men, because they are the most common category of payers. In particular, in case of divorce and the presence of minor children. Today we have to understand how alimony is assigned and paid.

Family Code of the Russian Federation, the court, at the request of a parent obligated to pay alimony for minor children, 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.

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 .

Payment of child support

According to Article 81 of the Family Code of the Russian Federation, maintenance is limited, which directly depends on the number of children:

  • approximately 25% - per child;
  • up to 33.3% - for two children;
  • up to 50% - if there are three children or more.

Attention! The court order may state that the parent is required to pay a lesser amount if the relevant sheet states the reasons why the person is unable to pay the pre-determined amount.

If a fixed monetary value was chosen, then the amount depends on the cost of living indicators either for a certain region or for the country as a whole. The exact amount of maintenance is established by the court.

You can avoid overpayment of alimony, as well as the occurrence of other problems, by choosing the correct method for calculating funds. In addition, the final amount depends on whether a simplification was used or not.

Thus, if one of the parents has a higher stable income, then it is more profitable to assign payments in shares from it.

Payment of child support up to what age

  • money is received on the day it is sent;
  • the amount is transferred upon presentation of an identity card.

Attention

Table of tariffs for delivery of postal order "Forsazh"

  1. The amount sent in rubles.
  2. Charged tariff in rubles.
  3. Western Union transfer

Carried out only by individuals for non-commercial purposes. Transfers from Russian Post branches can only be sent abroad. The maximum transaction amount is 375 thousand rubles.

Delivery of postal order:

  • the money transfer arrives at the Russian Post office;
  • the recipient is notified of the receipt of money;
  • if registered to a home, the postman will bring the money to the recipient’s home;
  • When receiving alimony, you must have an identity card (passport) and a notification receipt with you.

If child support goes to an account opened in the child's name

When alimony is paid for child support, some mothers (and often at the father’s initiative) transfer funds to the child’s personal account, opened in a bank in his name.

Withdrawal of funds from a child’s bank account is possible only upon presentation to the bank of permission from the guardianship and trusteeship authority (Art.

Alimony 2023: how to collect?

Alimony is funds paid to a child by one of the parents, in accordance with current legislation.

Who has the right to receive alimony?

Child support is paid in favor of the parent with whom the child actually lives. Child support is paid until the child reaches the age of majority.

What methods are there for collecting alimony?

Voluntary (peaceful)

  • The parties can reach verbal agreements among themselves regarding the amount of alimony, the timing and procedure for its payment.
  • The child’s parents can conclude and notarize a written agreement on the payment of child support, which also determines the amount and timing of payment.
  • The parent who lives separately from the child has the right to submit an application at his place of work/pension payment for the deduction of child support from his salary/pension/scholarship, indicating the period and amount of alimony deduction. Please note that such an application may be withdrawn.

If the parents do not reach an agreement regarding the amount and timing of payment of child support, the parent
with whom the child lives has the right to apply to the court with the appropriate:

  • statement of claim;
  • application for a court order.

How to collect alimony through court?

Order proceedings

The parent with whom the child lives has the right to file an application with the court for a court order to collect child support:

  • in the amount of ¼ for one child, ⅓ for two, ½ for three or more children from the earnings of the second parent.
  • in the amount of 50% of the subsistence minimum for a child of the corresponding age*.

*The cost of living per child in 2023

Periods For children under 6 years old: For children from 6 to 18 years old:
from January 01 to June 30, 2023 1626 UAH 2027 UAH
from July 1 to November 30, 2023 1699 UAH 2118 UAH
from December 01, 2023 1779 UAH 2218 UAH

Claim proceedings

The parent with whom the child lives and who intends to collect alimony in a larger amount than indicated above, and has the opportunity to prove that the alimony defaulter has considerable income, must apply to the court with an appropriate statement of claim. The court awards alimony as a share of earnings (income) or in a fixed sum of money (the right to choose the method of collecting alimony is given to the plaintiff).

Important: The court is not limited to the amount of earnings (income) of the alimony payer if expenses exceeding earnings are confirmed and the source of funds for their payment is not proven. At the same time, a restriction was established that the amount of alimony collected cannot be more than ten subsistence minimums per child of the appropriate age for each child.

To which court should an application for alimony be filed?

An application for the issuance of a court order or a statement of claim (as a general rule) is submitted to the court of general jurisdiction at the place of registration of residence of the defendant.

However, in accordance with Art. 28 of the Civil Procedure Code of Ukraine, claims for the collection of alimony can also be filed at the registered place of residence of the plaintiff. Thus, the plaintiff has the right to independently choose which court to file a claim.

Do I need to pay a court fee?

Plaintiffs are exempt from paying court fees in all court instances: in cases of collecting alimony, increasing its amount, paying additional expenses for a child, collecting a penalty (penalty) for late payment of alimony, indexing alimony or changing the method of collecting it, as well as applicants in the case of filing an application for a court order to collect alimony.

What information and documents are needed to prepare a statement of claim?

  • Last name, first name and patronymic of the plaintiff and defendant;
  • Information about the place of residence of the parties (registration address of place of residence), their telephone numbers, email addresses.
  • Other information relevant to the case is essential.
Read also:  Agreement on the redistribution of shares in common shared ownership

The statement of claim with all attachments is submitted to the court in two copies (one for the court, the other, after the opening of proceedings in the case, is sent by the court to the defendant).

The following are attached to the statement of claim:

  • A copy of the plaintiff’s passport and identification code;
  • A copy of the passport or passport data and identification code of the defendant (if available);
  • A copy of the marriage certificate;
  • Court decision on divorce;
  • Child's birth certificate;
  • Documents confirming the child’s place of residence;
  • Documents confirming the property status of the defendant;
  • Other documents (depending on the circumstances of the case).
  • From when is child support awarded?
  • From the date of filing a claim in court, and in the case of filing an application for a court order - from the date of filing such an application.
  • If you need assistance in drawing up a statement of claim or other procedures for collecting alimony, feel free to contact Artius JSC

Methods and procedure for paying alimony by agreement

MIP Encyclopedia » Family law » Alimony » Methods and procedure for paying alimony by agreement

Alimony by agreement is a measure permitted by law that allows the parties to voluntarily determine the amount and procedure for making payments for the maintenance of a minor.

Content

Alimony by agreement is a measure permitted by law that allows the parties (recipient and payer) to voluntarily determine both the amount and procedure for making payments for the maintenance of a minor child or other relative. The procedure for concluding and terminating such an agreement is regulated by Chapter 16 of the Family Code of the Russian Federation, as well as the norms of the Civil Code of the Russian Federation.

Based on the above regulations, as well as directly from Article 104 of the Family Code of the Russian Federation, the following methods of paying alimony payments are established under an agreement between the recipient and the payer:

  • Alimony is paid in the amount of one or another fraction (for example, 1/2, 1/3) of the payer’s income both at the main place of employment and at the additional one.
  • The alimony amount is paid monthly in a fixed amount. The law establishes this possibility of payment on the basis of Articles 83, 87, 91, 98 of the Family Code of the Russian Federation.
  • Also, based on the principle of freedom of agreement, alimony can be paid one-time, indicating the payment period and monthly amounts. Thus, the payer, for example, can pay alimony for a whole year.
  • Replacement of a monetary obligation with a property one. The law allows the payer, instead of paying monthly amounts, to transfer ownership of this or that property either one-time or regularly to the recipient of alimony payments.

Thus, the parties choose independently the methods of fulfilling alimony obligations under the agreement, as well as the procedure for paying funds and the procedure for concluding, terminating and executing the agreement.

However, based on Article 103 of the Family Code of the Russian Federation, alimony by agreement cannot be less than the amounts that could be recovered in favor of their recipient as a result of the trial.

Alimony in shares of earnings

The basic principle of paying the amount of alimony payments as a share of the total income of the payer is contained in Article 81 of the Family Code of the Russian Federation, however, this procedure is used only in the process of collecting alimony amounts in court.

However, as a rule, the parties to the agreement choose shares of earnings based on the instructions in this article.

Thus, based on Article 81 of the Family Code of the Russian Federation, alimony from earnings is 1/4, 1/3 or 1/2 share, depending on the number of children.

It is worth noting here that the share of earnings to be paid is specified by the parties in the text of the agreement.

It is also necessary to keep in mind that the total value of the property transferred into ownership should not be less than the amount that the recipient of alimony payments could have monthly if they went to court and collected payments in court.

The procedure for executing an alimony agreement

Issues regarding the procedure for receiving funds on the basis of an agreement on making alimony payments are regulated by Chapter 17 of the Family Code of the Russian Federation. As a rule, the parties to the agreement themselves determine how exactly the amount of alimony payments will be transferred in order to faithfully comply with the terms of the agreement.

  • Thus, the clauses of the alimony agreement may contain a detailed description of the procedure for transferring funds to the recipient - for example, funds can be transferred in cash with the preparation of an appropriate acceptance certificate, can be transferred to the recipient’s bank account indicating the recipient’s details in the agreement, and can also be sent by money transfer if the payer does not have the opportunity to personally transfer funds on a monthly basis.
  • However, if the alimony agreement is executed improperly, the law allows the deduction of the amount established in the agreement from the income at the payer’s place of work after presenting such a document to the accounting department of the payer’s organization (Article 110 of the Family Code of the Russian Federation).
  • In addition, in order to monitor compliance with the agreement on making alimony payments, the law obliges both the payer and his employing organization to notify the recipient of funds about a change in place of employment, place of residence or registration (Article 111 of the Family Code of the Russian Federation).

If you pay alimony in person, there is no document left confirming its payment. What to do in this case?

Natalia29.01.2022 13:35

Good afternoon! In this case, the alimony payer has the right to invite the recipient to write a receipt stating that he received alimony, an example of which can be viewed here: https://isk.guru/semejnoe/raspiska-o-poluchenii-alimentov/

Fedorova Lyubov Petrovna29.01.2022 19:13

Ask an additional question

Witnesses can additionally attest to the authenticity of the receipt.

Saibotalov Vadim Vladimirovich30.01.2022 08:23

Ask an additional question

Methods of paying alimony

By agreement of the parties to alimony legal relations or at the request of their recipient submitted to the bailiff, the method of transferring alimony can be determined. The legislator does not impose any of them, giving participants the right to free choice.

There are four ways in which funds intended for the maintenance of a child can be received by the claimant.

These include:

  • Depositing funds into a bank account opened in the name of a minor;
  • Transferring money to the recipient's bank card;
  • Sending the amount by mail;
  • Transferring cash from hand to hand.

When transferring or transferring alimony using any of the above methods, it is important for the payer to keep the payment document or receipt of the recipient.

Deduction from wages

Collection of alimony from wages is carried out by calculating and transferring alimony payments by the accounting department of the enterprise where the debtor is employed. The basis for such actions is a writ of execution, which can be presented in the form of a writ of execution, a court order or a payment agreement.

The calculation of alimony in a fixed or shared value is carried out after the deduction of generally obligatory taxes from the accrued salary.

The process of deducting alimony from your salary is described here.

Transfer to a bank card

Funds intended for the monthly maintenance of minors can be transferred to the recipient’s bank card if an agreement has been reached between the parties or collection is carried out forcibly, but the recipient has applied for the transfer of alimony in this way.

If the funds are held by the organization where the payer is employed, they can also be sent to the recipient's payment card by direct transfer from the current account.

Read more about transferring alimony to a bank card in this article.

Contributions to the child's account

If alimony support is to be transferred to an account opened in a bank in the name of a minor, the child is given the right to dispose of such money at his own discretion.

Such transfers can only be made in the following cases:

  • There is an agreement on this between both parents, which is enshrined in a voluntary agreement;
  • Full state support for the child in respect of whom payments are made;
  • Establishing guardianship for a child or transferring him to a foster family;
  • Adoption of an appropriate court decision.

Postal transfer

Transfer of funds through postal services can be carried out at any post office, either to the recipient’s account or by payment on demand. In order to make transfers in this way, the parties must first agree on it.

Read the pros and cons of this method of listing content here.

Cash transfer

  • Regardless of the name of the document that forms the basis of child support, the parties can agree on a personal monthly transfer of money.
  • Even if alimony is paid on the basis of oral agreements, it is better for the father to ask the mother for a receipt, which will confirm the fact that the obligation undertaken was fulfilled.
  • The receipt is drawn up on a simple sheet of paper by writing a text in your own hand, which must indicate:
  • Full name and passport details of both parties;
  • Amount, both numerically and in words;
  • Date of transfer of funds;
  • The purpose of their use.

Sentences should not contain ambiguous phrases that allow their meaning to be interpreted in completely opposite senses.

The document can be drawn up either in the presence of third parties or without their participation. After the text, the person who received the money puts his signature with a mandatory decryption. Such a receipt does not require notarization.

In custody

If normal relations are maintained between the mother and father, and all issues of providing for the child are settled voluntarily, the cheapest way to provide funds for the child will be their personal transfer.

If, after a divorce, parents live far from each other, you can use the simplest and fastest method, transferring funds to a bank card of both the ex-wife and the child himself. Postal transfers take longer and are therefore less practical.

Methods of paying child support Link to main publication