The process of assigning and withholding alimony is regulated by several areas of legislation: Labor, Civil Codes and laws on enforcement proceedings. The procedure for deducting alimony from wages in the presence of official employment requires the preliminary execution of a writ of execution, which provides the basis for calculations and deductions.
How alimony is withheld from wages: responsibilities, terms
The basis for paying alimony can be the will of the payer himself, or a court document (decision or order) transferred further for execution.
Reasons for retention
In the future, the signed settlement agreement will become the basis for making deductions in the following forms:
- A certain percentage of income.
- A fixed amount paid regularly.
- One-time cash payment.
- Registration of property in favor of a minor to pay alimony.
- Other assistance options agreed upon between the child's father and mother.
It is quite difficult to reach a compromise that suits both parties. More often, the parent in whose care the child is left goes to court with a demand to determine the amount and give an order to collect alimony from the payer as part of an order or claim proceeding.
According to the simplified scheme for obtaining a writ of execution, the parent submits an application for the issuance of a court order, with a court decision to order payment in accordance with the generally accepted procedure for determining alimony as a share of earnings depending on the number of children.
The order is also an executive document on the basis of which funds for maintenance will be collected.
The proceedings do not require inviting the parties to the process and hearing their positions at meetings, and the decision is made based on the documents presented by the plaintiff, guided by general civil norms in relation to alimony payers.
If you intend to collect alimony in a fixed sum of money, when determining the share of income is impossible or infringes on the interests of the child, you go to court as part of a claim proceeding. Filing a claim entails the need to conduct a detailed investigation, with a summons to the defendant, and the presentation of evidence on both sides. Based on the position of the parties, the court makes a decision, which then becomes the basis for issuing a writ of execution. To withhold alimony in this case, the employer’s accounting department, the bailiff, and the payer himself will be guided by the requirements of the writ of execution.
Who serves?
The following parties may be involved in the process of organizing transfers::
- The recipient (the child's legal representative) independently submits the writ of execution.
- The bailiff, accepting the document for execution, organizes interaction with the enterprise that employed the payer, sending the writ of execution to the accounting department.
- If there is a settlement agreement, the alimony payer has the right to independently contact the accountant responsible for accruing labor income with a statement indicating the details of the transfers, information about the recipient, the size, frequency and method of calculating payments.
Fundamentals of Retention
When receiving a document for execution of alimony, an enterprise accountant is guided by the main legislative acts regarding alimony payments:
- PP No. 841, adopted on July 18, 1996, which lists the items of income to be taken into account when determining and paying alimony.
- Federal Law No. 229, which regulates the main actions for the execution of court decisions.
How alimony is withheld from wages: grounds and procedure - maximum percentage of alimony withheld from wages,
Grounds for withholding alimony from wages
To withhold alimony, a legal basis is required:
- voluntary agreement on payment of child support;
- executive document (court order or writ of execution), which is issued on the basis of a court decision.
The amount and procedure for payment can be agreed upon by the spouses in the form of a written and notarized agreement.
The legislation provides for several options for collecting alimony by agreement:
- shares of the payer's salary;
- a fixed sum of money that is paid periodically;
- a fixed sum of money that is paid one-time;
- property for the child;
- other methods of paying alimony by agreement between husband and wife.
A court order or writ of execution is issued based on a court decision. To calculate alimony under a writ of execution, the consent of the payer, the filing of an application and the order of the manager are not required. The writ of execution itself is the basis for withholding alimony.
How can you deduct alimony from your spouse's wages?
The agreement has the legal force of an executive document. And if one of the parties refuses to comply with the terms of the agreement voluntarily, it can be enforced. For example, send the payer to the place of work so that the accounting department deducts the amount of alimony provided for therein.
The payer can himself submit an application for deduction of alimony from wages at his place of work. The application must include the following information:
- passport details and bank details of the alimony recipient;
- details of the child for whom child support will be paid;
- The procedure for calculating and the amount of alimony (share of earnings or a fixed amount, in accordance with the agreement);
- terms of transfer (one-time or regularly, monthly or quarterly).
Bailiffs are also entitled to transfer writs of execution to the accounting department at the place of work of the alimony payer. This is possible if the recipient of alimony applies to the bailiff service with a court order or writ of execution to force the collection of alimony.
Who directly deducts alimony from wages? Accounting of the enterprise or institution where the alimony payer is employed. This does not require the consent of the employee himself or the order of the manager. The only basis for withholding is the presence of a writ of execution for collection.
Alimony can be withheld either as a share of earnings or as a fixed amount. If the accounting department is granted a court order, alimony can be withheld only in the form of a share of earnings. If the basis for the withholding is an agreement or a writ of execution, the form of alimony payments can be any - depending on how the parents themselves or the court determine it.
The procedure for deducting alimony from the payer’s earnings consists of the following steps:
- the employee’s monthly income is determined (including wages and other payments)
- personal income tax is withheld;
- alimony is calculated in the amount specified in the writ of execution or agreement
- alimony is withheld from the payer's salary
- funds are transferred to the recipient no later than 3 days from the date of payment of wages.
Responsibility for the correct calculation, timely deduction and transfer of alimony lies with the management and accounting department at the place of work of the alimony payer.
The bailiff has the right to check how correctly and timely alimony is calculated and withheld.
To do this, he can submit a corresponding request to officials of the enterprise or institution where the alimony payer works.
Maximum percentage of alimony withholding from wages
The maximum percentage of deduction from salary cannot exceed 50%; provided there is no alimony arrears. If there is arrears in alimony, then the maximum percentage of deductions from wages is 70%.
Child support payments are withheld from all types of wages and additional remuneration. And not only at the place of main work, but also part-time.
If the alimony payer works in several places, he should receive several copies of the writ of execution; for each place of work, because the accounting department has the right to calculate deductions from wages only according to the writ of execution.
- from commission;
- from payment for work performed under a civil contract;
- from royalties;
- from the amount of executive remuneration.
- from a percentage of revenue from sales of products,
- from the amount of the official salary or tariff rate;
- from income at piece rates;
- from all allowances and additional payments to the official salary or tariff rate (for example, for work in hazardous conditions, for temporary substitution, for length of service);
- from the amounts of regular or periodic bonuses.
If income is received in kind, deduction is made in accordance with the market value of the property on the day the employee receives it.
- withholding of temporary disability benefits is carried out in accordance with the general procedure;
- Child support is not deducted from maternity benefits.
Alimony is not calculated on the following types of income:
- from a one-time bonus;
- from severance pay paid upon dismissal;
- from the amount of financial assistance received in connection with a natural disaster or fire, property theft, the birth of a child or marriage, death of relatives or injury;
- from the compensation payment received by the employee in connection with a business trip or transfer to another location;
- with compensation payment for the cost of therapeutic and preventive nutrition;
- from compensation payment for worn-out tools that belonged to the employee.
It is also worth noting that alimony is calculated only based on actual earnings. For example, if an employee took unpaid leave, the accounting department will calculate the amount only based on the time worked. The amount of alimony is calculated in the same way in the month when the child turns 18 years old - only the number of days preceding the date of majority is taken into account.
Stopping withholding of alimony from wages
If alimony is withheld on the basis of an agreement concluded by the parents, termination of withholding is possible in the cases provided for in paragraph 1 of Article 120 of the RF IC:
- Death of one of the parties to the agreement;
- Expiration of the agreement;
- For other reasons provided for in the agreement.
If alimony is withheld from an employee’s earnings on the basis of a court decision or court order , termination of deductions is possible for the reasons provided for in paragraph 2 of Article 120 of the RF IC:
- The child reaches adulthood;
- Acquisition by a child of full legal capacity before adulthood;
- Adoption of a child;
- Death of a child, death of a parent who pays child support.
One of the conditions for termination of child support deductions is that the child reaches 18 years of age. The child's date of majority must be indicated in the writ of execution.
The last deduction of alimony occurs for that part of the calculation period that precedes the date of majority.
For example, if a child’s birthday is August 18, he will receive the last child support for the period from August 1 to August 17 inclusive.
If the payer does not have arrears of alimony, within 3 days after the last deduction of alimony, the writ of execution with the appropriate mark is sent to the bailiff or the recipient of alimony.
If, by the day the child reaches adulthood, the parent is in debt, the withholding of funds from earnings will continue after the child reaches adulthood - until the entire amount of the debt is repaid. And only then the writ of execution will be sent to the bailiff or the recipient of alimony.
If an employee leaves an enterprise or institution before the child reaches the age of majority or the entire child support debt is paid, management is obliged to notify within three days:
- bailiff, if alimony was withheld on the basis of a court order or court decision. Along with the notification, a writ of execution is sent to the bailiff;
- recipient of alimony, if alimony was withheld on the basis of an agreement. Along with the notice of dismissal of the alimony payer, a notarized agreement is sent to the recipient.
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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