Is alimony calculated and taken from vacation pay - withholding and transfer

Is it necessary to pay alimony from vacation pay? This question is most often asked to lawyers during consultations by alimony payers and citizens receiving deductions.

It is in the interests of the payer to reduce payments as much as possible and use the money for a pleasant pastime, but do not forget about minors living with a second parent and also in need of rest, health improvement, and satisfaction of other needs.

The alimony provider is obliged to take part in the child’s life, helping financially regardless of the time of year or employment.

Is alimony withheld from vacation pay or not?

A spouse living with a minor has the legal right to demand payment from the alimony payer’s vacation pay, referring to Government Decree No. 841 of July 17, 1996. It clearly states that alimony is collected from the following types of payments:

• piecework, time-based wages at the place of employment; funds received for payment for products in kind; bonuses for overtime worked;
• earnings retained by the employee in cases provided for by the Labor Code, including while on vacation (subclause (k) clause 1 of Resolution No. 841);
• remuneration, maintenance accrued to civil servants, municipal employees, teachers, medical staff;
• fees received for works of authorship by media and art workers;
• allowances due to difficult working conditions, night shifts or overtime work;
• scholarships;
• pension payments (with the exception of survivor pensions);
• benefits related to temporary disability;
• unemployment benefits.
• income from rentals, business activities, transactions with securities;
• compensation and amounts determined for compensation for harm to health;
• salaries of those sentenced to prison;
• income of military personnel, employees of internal affairs bodies, and emergency services.

Alimony payments are withheld from after-tax income. For citizens staying in places of deprivation of liberty or undergoing compulsory inpatient treatment, collections are made from the amount remaining after deducting funds for their maintenance in the relevant institution.

On what basis is alimony withheld from vacation pay?

The company makes deductions from income based on documents:

1. A writ of execution issued by a court decision to assign monthly payments.
2. A court order issued by a judge.
3. Alimony agreements. A document certified by a notary has the force of a writ of execution.

The basis document can be submitted to the bailiff service at the place of registration of the alimony payer with an application to begin enforcement proceedings, or it can be transferred to the place of work.

The second option will speed up the procedure for starting payments, however, when contacting the SSP, the bailiff will monitor the fulfillment of assigned obligations and apply administrative (criminal) penalties for evasion.

Having received the basis document, the bailiff conducts a conversation with the payer and transfers the writ of execution to his employer.

Withholding of alimony from vacation pay: size

Alimony from vacation pay is calculated by analogy with collections from wages. The percentage of the salary is established by Art. 81 of the RF IC and amounts to:

• for 1 child - 25% of income;
• for two minors - 33% of salary;
• for three or more children - 50% of charges.

Calculation example

If alimony is unlawfully withheld, accounting employees may incur administrative liability.

If compensation is paid for unused vacation

An employee can ask for money from the employer to compensate for leave while maintaining a job, or the money is paid upon dismissal. In both cases, income must be taken into account when determining the amount of child support.

Payments if the child goes on vacation with the payer

Some separated parents consider it unfair to pay child support if they take their child on vacation. The law in this case takes the side of the recipient. According to Art. 116 of the RF IC, the return of the amount of support for the child must be made only if illegal actions have taken place: provision of incorrect information to the court on the basis of which a decision was made to pay alimony; cancellation of a notarized agreement; forgery of documents.

When is alimony paid from vacation pay?

The deadline for transferring deductions from vacation pay is regulated by clause 3 of Art. 98 of the Law “On Enforcement Proceedings”, which states that the employer must transfer funds to the recipient no later than the expiration of a three-day period from the date of accrual of wages to the debtor.

By law, the date of receipt of alimony from vacation pay is tied to the receipt of payments by the employee-alimony provider. In accordance with Art. 136 of the Labor Code of the Russian Federation, vacation pay must be transferred to the employee’s account no later than 3 days before the start of the vacation.

Where to go to pay alimony from your spouse's vacation pay?

If you receive information that the payer has gone on vacation and alimony remains unpaid, you can contact:

• to the head of the enterprise;
• to the responsible bailiff.

If before the second spouse’s leave, payments were received regularly and the parent did not shirk obligations, then failure to receive the required amount during the leave period may be an accountant’s mistake. The problem is resolved promptly by means of a written appeal to the responsible person, drawn up according to the following example:

If you have information about possible deliberate evasion of deductions, it is better to contact the bailiff, however, the procedure for repaying the debt will take a longer period of time.

At the initial stage, the authorized person will call the debtor and remind him of his rights and obligations. If preventive measures do not bring results, you must write to the SSP an application for debt calculation and receive a certificate with an exact calculation of the amount of the overdue amount. Subsequently, with the certificate, you can go to court and file a claim for debt collection.

• describe your situation to a lawyer in an online chat;
• write a question in the form below;

Alimony from vacation pay

Is it time for a long-awaited vacation? Three days before it starts, the employee is entitled to vacation pay. Is alimony taken from vacation pay?

Is alimony calculated from vacation pay?

Yes. Vacation pay is the amount of money that an employee is entitled to during the period of paid vacation. Since vacation pay is a type of salary, alimony is paid from it in the same way as from salary.

When to transfer?

According to labor legislation, accrual is carried out no later than 3 days before the start of the vacation. And the transfer of alimony is no later than 3 days after accrual of vacation pay to the employee.

Therefore, the transfer of alimony to the recipient must occur no later than the first day of vacation of the payer of alimony obligations.

As a rule, accrual of vacation pay and deduction of alimony occurs simultaneously. The employee does not need to control whether alimony from vacation pay is paid on time and correctly. The law establishes that the organization whose employee is the payer is responsible for withholding alimony from vacation pay, as well as from the employee’s salary.

If the deduction is delayed and the due amount of money does not reach the recipient on time, the organization is responsible for this. The bailiff service monitors the timely and accurate calculation of alimony.

Calculation of alimony from vacation pay

In some cases, a fixed amount of alimony may be established by the court or by a written agreement between the recipient and the payer. Then there is no need to make a calculation - the organization deducts this amount from the vacation pay and transfers it to the recipient.

If alimony is calculated according to the general rule - as a share of earnings depending on the number of children, a calculation is made.

The calculation is carried out after withholding income tax of 13%. The amount of income tax is deducted from the amount of accrued vacation pay. Then the share of alimony is determined depending on the number of children:

• for one child – 25% of vacation pay;
• for two children – 33% vacation pay
• for three children (or more) - 50% of vacation pay (maximum - 70%).

The amount of alimony due to be paid to the recipient is withheld from the amount of vacation pay remaining after deduction of income tax.

Leave with a child and alimony

What if the payer takes the child with him on vacation? Sometimes parents, obligated to pay child support and take an active part in the child’s life, organize a joint vacation. Will you still have to pay child support in this case?

Yes, you will have to. The law does not establish that the recipient of alimony is obliged to return the money spent by the payer on the child in excess of the amount of alimony. If the father voluntarily takes the child with him on vacation and covers the associated expenses, his obligation to pay child support is not relieved. Of course, except in cases where the collection of alimony is terminated by a court decision.

Is alimony deducted from vacation pay or not?

Maintenance for a child under 18 years of age must be paid by the father who left the family during the divorce. Sometimes the latter has a question: is alimony from vacation pay withheld or not ? Money for child support is taken from the payer’s total income, and not just from his official earnings, including taking alimony from bonuses, overtime, sick leave, and including vacation pay.

When payments are legal

Documents for deduction:

• agreement between parents (drawn up and certified by a notary);
• order (based on a lawsuit);
• writ of execution (a document submitted to the FSSP, to the enterprise).

If the alimony payer speaks out against the legal calculation and insists that alimony be taken only from the “white” salary, excluding other income, including vacation pay, then the case is transferred to the FSSP.

From what income is alimony taken?

The list includes all types of income that the alimony payer has. Child benefits can be deducted from:

• official “white” salary, which is indicated in accounting documents;
• profits from doing business;
• bonuses, cash rewards;
• surcharges on rates;
• fees, pensions, scholarships;
• rent received, etc.

Thus, vacation pay is also included in the list of amounts from which alimony can be withheld. When receiving money for vacation, the payer must understand that a percentage will be deducted from it in favor of the child.

When alimony is not paid

According to Art. 101 (from 02.10.2007 No. 229 -FZ) not all types of income of the alimony payer are subject to “plucking”. There is a list of amounts that are legally taboo, and money cannot be deducted from them for the benefit of the child.

• any types of compensation (travel, treatment, care for a disabled person, etc.) that are paid from the budget;
• insurance coverage for citizens (pensions are not included);
• money for the 2nd and subsequent child from the Pension Fund (maternity capital);
• pensions for children in case of loss of a breadwinner, supplements to pensions from the budget of different levels;
• compensation from the employer (for a business trip, for family events, for tools, etc.);
• one-time benefits for the poor.

This is important to know: Tax deduction on vacation pay

That is, from amounts that can only conditionally be considered income. Since on the one hand they are received by the alimony payer, on the other hand they are paid as subsidies to the defendant himself from the budget, or they are “children’s” or production.

Procedure for deductions

When it comes to vacation pay, this implies the presence of an official salary and accounting activities. Vacation money is part of the alimony payer’s earnings and is issued simultaneously with the salary.

• the accountant calculates wages and vacation pay as “dirty”;
• deducts 13% income tax;
• from the remaining amount calculates the interest on alimony;
• hands over the remaining amount to the alimony payer.

The share of “withdrawal” of alimony depends on how many children are entitled to subsidies - 1-2 or more than 3 (25, 33 and 50%, respectively). They are calculated only after taxes have been deducted from the amount remaining after personal income tax.

Alimony can also be in hard currency, it all depends on what is written in the writ of execution by the court. But according to Art. 138 of the Labor Code of the Russian Federation, the amount cannot be more than 70% of the wage.

If you are planning a vacation with a child

Sometimes the alimony payer takes a child with him on vacation, for whom alimony is due. In this case, it is more logical to assume that the money transferred as a subsidy for the baby should remain with the payer, since he will spend it on vacation directly on the person to whom it is actually transferred.

However, this is not quite true. A parent can take his children with him on vacation if he is not limited in his rights to them, and the court has not issued a ruling prohibiting him from taking the children from the mother.

The alimony goes to the recipient in full, and then he can independently decide whether to subsidize the children’s trip through alimony payments or not.

Compensation for vacation and dismissal

It happens that the alimony payer does not actually go on vacation, but receives compensation for it and remains at work. Although this directly contradicts the Labor Code of the Russian Federation, the fact leaves room for it to be.

The second option is that the payer resigns from his official place of work and is entitled to all compensation payments, including funds for unused vacation on account of days already worked.

In this case, vacation pay becomes a “piece” of total payments and income tax is withheld from a large amount first, and then all the money for the employee’s obligations.

In this case, it is absolutely unimportant whether the dismissal was on one’s own initiative, due to an article or due to the liquidation of the enterprise.

If you have any questions, our duty lawyer is ready to advise you free of charge ↓

Alimony from vacation pay - in 2023, whether it is withheld, payment period, employee

Divorce of spouses who have one or more children requires payment of alimony for their maintenance by the parent who lives separately after the breakup.

Some manage to resolve the issue peacefully and conclude an agreement, others go through a long process of litigation and clarification of relations.

All this is done with one goal - to protect the interests of children and provide them with a decent life.

And here many people have a question about whether alimony is calculated from vacation pay or not.

Some people are interested in this topic in the hope of saving at least a little and getting away from their obligations, while others, on the contrary, are worried that the child will receive everything that is due and be provided for.

In any case, this topic deserves attention. It is necessary to figure out who should collect alimony in this case and for what period of time this occurs, whether the man must take any actions in order for payments to be accrued for the children or this does not require his participation.

When it's appropriate

The Labor Code determines that vacation pay is part of the salary that must be paid to the employee during his vacation.

Thus, this payment relates to official income and alimony from vacation pay must be withheld.

If an employee refuses or postpones his vacation, the funds will be deducted from other income he receives.

Responsibilities for withholding alimony and responsibility for this fall on the shoulders of the employer and accountant if a writ of execution has been sent to the organization. The accountant is authorized to withhold amounts for the maintenance of the children of a child support worker who works in the company.

If some vacation days were not used by a person, he should receive a certain amount of money for this - compensation.

This is possible in the following cases:

• vacation is replaced by payment of a certain amount;
• the employee died, in this case his heir receives the money;
• the employee was fired;
• compensation can also be paid to an employee who is transferred to a transfer organization.

General procedure

The Family Code defines the rules by which alimony must be collected, including for 2023. After the organization receives a writ of execution, the accounting department must transfer a certain part of the person’s salary to support his children who live with his ex-wife.

Alimony must be taken not only in the presence of a writ of execution, but also a notarized agreement on the transfer of alimony, as well as a court order.

If the agreement is signed by the former spouses by mutual consent, then if it is not possible to reach an agreement, the interested party, who supports the children, files a claim in court, putting forward demands on the child’s father for the payment of child support.

Payment can be assigned in shares or a fixed sum of money. The second option is used when a person does not have a regular income or receives an unofficial salary.

Articles 81-82 of the Russian Family Code determine that alimony is deducted from all profits that the defendant receives, thus, money for children is deducted from wages, bonuses and other payments, including vacation pay, and if a person has two jobs: the main and additionally, withdrawal of money is carried out by both employers

What are the characteristics of alimony from vacation pay?

Alimony from vacation pay, as well as from other income, is withheld exclusively from the amount that remains after making the necessary deductions and paying taxes. You can remind the organization’s accountant about this, just in case, since an inexperienced specialist may mistakenly make deductions from the entire amount.

For example, if the amount of vacation pay is 50 thousand rubles, 13% income tax must be deducted from it, leaving a total of 43.5 thousand rubles. And from this amount the amount of alimony is calculated depending on how many children a person has. If he provides support to one child, he must pay 25% of the remaining amount for him, which amounts to 10,875 rubles.

As a result, he received 32,625 rubles. In the same case, when there are two or three children, this amount will decrease further, since for two children the amount of payments is 33% of income, and for three or more children - 50%.

Return

Many fathers think that if they take their child with them on vacation, they will be spared from paying child support, but they are wrong. Child support will not be withheld only in the event of the child's death or reaching the age of majority.

If a peace agreement is concluded between the parents, at the stage of its preparation they can agree that if the father takes the child on vacation, which he spends in another country, he is exempt from paying child support for this period.

There are cases when the money transferred towards alimony can be returned, but there are very few reasons for this:

• the judgment was overturned;
• the agreement concluded between the spouses was signed under duress;
• An error was made during the transfer.

18 during the father's leave , child support will be paid only until his birthday.

When paying alimony by court decision for minor children, the alimony payer has the right to apply to the court to reduce the debt or to be exempt from paying it.

The procedure for terminating an agreement to pay alimony can be found here.

The most common reason for the return of funds paid is to challenge the fact of paternity. In this case, you need to understand that even if it is proven that the man is not the father of the child, the money will be returned to him only for the last three years.

There are mistakes made by the employer when transferring alimony, for example, the amounts were calculated incorrectly. In this case, the accountant must answer.

If they paid more than they were supposed to, they must return the money. If an underpayment occurs, the child must be paid everything he is entitled to.

Hold

The Family Code sets out the rules by which alimony is withheld. The basis for this is the writ of execution that came to the organization where the person works.

Regulatory documents also define financial transfers from which alimony payments should be calculated (Government Decree No. 841 of 1996). Federal Law 229 defines income from which deductions cannot be made: payment upon the birth of a child or the death of a relative.

The basis for withholding may be one of the following documents:

• court decision;
• performance list;
• voluntary agreement certified by a notary.

One of these documents is delivered to the employer by the bailiff.

How much interest the child support provider will be required to pay depends on how many children need to be supported:

If the child is alone	25% is withheld from salary
If two	33%
Three or more children	Half the amount is expected to be withheld

No additional action is required from the defendant; deductions are made automatically. The calculations are made by the organization's accountants. Alimony is withheld from the amount of “net” income. That is, after income tax is withheld, which is 13%.

Calculation

The calculation of the monthly transfer is carried out by the accountant only in the case when the alimony payment is established in shares, and not in a fixed sum of money. First, income tax in the amount of 13% must be withheld from the vacation pay amount, and only after that the payment for child support is calculated.

A man must understand that the basis for exemption from alimony is not a joint trip with children on vacation. Only a judicial authority can cancel the payment. In other cases, travel expenses incurred will not be taken into account.

If due to the fault of the defendant there is a delay in payment, a penalty is charged for each day, which is 0.5%. A willful defaulter may lose all his property; it will be seized and sold by bailiffs to pay off alimony arrears.

The formula for calculating alimony is simple. The first step is to calculate the amount of income, for this the entire amount of vacation pay is multiplied by 13%. From the amount remaining after paying the income tax, the amount of child support is calculated, depending on their number (if it is one child, the amount is multiplied by 25%, etc.).

If we look at the calculation using an example, it turns out that if you receive 30,000 rubles in vacation pay, the income tax will be 3,900 rubles. This means that alimony should be calculated from the amount of 26,100 rubles. If we are talking about calculating payments for one child, then you need to calculate it by performing the following action: 26,100 * 25% = 6,525 rubles. If there are more children, the payment will increase accordingly.

To calculate the amount of the penalty that will have to be paid in case of delay, which is, for example, 3 days, you need to multiply the payment amount, which is 6,525 rubles, by 0.5%. The result will be 32.63 rubles. The amount received is the amount of the penalty for one day. For 3 days this amount will be 97.89 rubles.

It is important to note that from the labor income of the alimony worker, more than 70% of the total amount cannot be transferred as alimony, and the payment itself can be made through the organization’s cash desk or transferred to the recipient’s bank account

Deadlines

Labor legislation in Article 136 of the Russian Labor Code determines that payments due to a worker must be made at least three days before the start of his legal leave.

If the deadline for paying vacation pay is violated, a person has the right to demand that his vacation be postponed to any other time convenient for himself, and the employer must guarantee that vacation pay will be paid by this time.

The Federal Law on Enforcement Proceedings, when asked when to transfer alimony, answers that this should be done no later than three days after the money was transferred to the employee.

Article 136. Procedure, place and terms of payment of wages

In order for such a requirement to be strictly observed, according to Article 109 of the Russian Family Code, the employer is obliged to:

• withdraw alimony from the salary and other payments of the employee who, by court decision, must make such payment;
• transfer them to the recipient's account or issue money in cash no later than three days from the moment the money was transferred to the employee.

Most often, payment of vacation pay to an employee and alimony to his children is made on the same day. Only objective reasons can prevent this from happening, for example, the lack of a sufficient amount of money in the account.

Responsibility

Employers who have entered into employment contracts with Russian citizens must pay them vacation pay within the period established by law, namely Article 109 of the Family Code. Administrative or criminal liability arises both in the case when the employer does not pay vacation pay on time, and in the event that alimony is not transferred.

For example, the Criminal Code establishes liability that occurs in the event of loss of a writ of execution.

Article 109. Obligation of the organization’s administration to withhold alimony

What nuances should the head of an organization know in order to avoid troubles:

• writ of execution - a strict reporting form that must be kept by officials;
• a maximum of 70% of the employee’s profit received under the employment contract can be withheld for alimony;
• if, in addition to writs of execution, there are other documents that imply debt collection, then the first ones are priority and the requirements for them must be fulfilled as a matter of priority;
• the writ of execution contains all the information that is needed to pay alimony;
• in order to comply with legal requirements regarding the timing of alimony payments, you need to transfer the amount of alimony to the recipient no later than 3 to 3 years after the transfer of vacation pay to the employee;
• documents that the employer needs to familiarize himself with - payment procedures, retention rules, transfer deadlines;
• To transfer money you can use Russian post, bank transfer, cash withdrawal at the company's cash desk.

The fulfillment of all obligations will be monitored by the bailiff service. In case of evasion of payment of alimony, recipients have the right to go to court.

According to the Resolution of the Plenum, alimony for the maintenance of minor children, collected from parents in court, is awarded until the children reach adulthood.

How to draw up a statement of claim to change the amount of alimony collected - you will find in this publication.

Will alimony be withheld from vacation pay in 2023 and when to transfer it - answers to all questions

The rights of minor children to receive financial assistance from a non-domestic parent are strictly regulated by Russian law.

Until the child reaches the age of 18, it is necessary to pay monthly alimony - mandatory deductions levied on official income.

And if there are usually no questions with the payment of alimony from wages, then very often payers are interested in whether alimony is withheld from vacation pay. The law provides an absolutely clear and unambiguous answer to this question.

Do I need to pay alimony from vacation pay?

According to Russian law, an officially employed citizen is obliged to pay alimony from any official source of income.

These include payments accrued to an employee before going on his next paid leave.

At its core, vacation pay is the same salary, only it is paid to the employee for the rest period at the expense of previously worked time. And this means that it is also necessary to pay alimony from this part of the income.

It is worth considering that alimony is deducted from any type of official vacation pay, including:

• for main and additional leave,
• for vacation days due for long hours of work or for hazardous work.

Finally, when paying compensation for unused vacation days upon dismissal of an employee, it is also necessary to deduct alimony.

Legal grounds

The legislation of the Russian Federation provides the necessary legal grounds for deducting alimony from vacation pay.

Thus, payments from vacation pay are included in the list of payer’s income approved by the Decree of the Government of the Russian Federation of July 18.

Withholding of alimony is carried out on the basis of the legislative act “On Enforcement Proceedings”. Also accompanying documents are the Civil and Family Codes of the Russian Federation.

Calculation and transfer procedure

As in the case of wages, the calculation of alimony from vacation pay is handled by the accounting department of the organization in which the employee works. In this case, one of the documents obliging the parent to pay financial assistance for minor children is used:

• writ of execution handed over by the bailiffs;
• court order;
• agreement between former spouses, certified by a notary.

Deduction deadlines

An employee must receive vacation payments no later than three days before the start of the work holiday. The corresponding law is regulated by the Labor Code of the Russian Federation.

At the same time, according to the law “On Enforcement Proceedings”, the transfer of alimony must be made within three days after receiving wages. The same rule applies when deducting alimony from vacation pay.

Thus, financial payments for a minor child must be transferred before the day the employee goes on paid leave.

Deduction amounts

The amount of alimony payments depends on which payment option was chosen upon divorce:

• as a percentage of income;
• in a fixed amount of money.

According to Article No. 81 of the Family Code of the Russian Federation, the amount of alimony deducted from vacation payments, assigned as a share of income, is:

• 25% of vacation payments - per child;
• 33% of vacation payments – for two children;
• 50% of vacation payments – for three or more children.

• If alimony was assigned in a fixed amount, then the amount of vacation pay does not matter - in any case, a pre-agreed amount will be withheld from them.
• Alimony payments are made from the employee’s net income after deducting personal income tax.
• The alimony calculator will help you with your calculations:

Calculation example

In order to calculate the amount of alimony from vacation pay, you need to know how much will be accrued to an employee of the enterprise for an annual vacation. Typically, the amount of vacation pay is equal to the average amount of earnings over the past 12 months.

Here is an example of calculating alimony from vacation pay:

1. The average salary of an employee for the year was 50,000 rubles.
2. On this amount, the employee will have to pay personal income tax (NDFL) equal to 13%. In our case, the tax amount will be 6,500 rubles.
3. As a result, the “net” amount of vacation pay will be: 50,000 – 13% = 43,500 rubles.
4. From this amount you can already calculate the amount of alimony: 43,500: 100x25 = 10,875 rubles (based on one child).

Payment procedure

The employee does not have to worry about paying mandatory contributions for minor children. The accounting department of the enterprise where the payer works must carry out timely transfer of alimony.

If payments arrive to the recipient late, the organization is responsible for this. The bailiff service monitors the timely fulfillment of obligations.

Leave with a child and alimony

If the parent paying alimony goes on vacation and takes the child with him, spending his own money on vacation, this will not affect the deduction of alimony in any way.

Even if a parent fully pays for the child’s travel, accommodation, food and leisure, Russian legislation does not provide for any deviations from the norm - mandatory payments must still be transferred in full.

A father who communicates with his child after a divorce has every right to take his minor son or daughter with him on vacation. At the same time, the mother and ex-wife should not interfere with this decision, except in cases where communication with the father may harm the physical, mental or moral development of the child.

Alimony from compensation upon dismissal

If for some reason an employee does not take his legally required paid vacation, he can count on monetary compensation for unused days. True, it will be possible to receive it only upon dismissal from the enterprise - one-time and in full. The employee will also have to pay alimony from the compensation received.

It does not matter for what reason the dismissal occurred - at the initiative of the employee or the employer.

If the dismissal of an employee occurs due to the liquidation of the enterprise or staff reduction, the employer is obliged to notify the employee about this no later than 60 days in advance. During the time given to the employee to find a new job, the company is obliged to pay him monetary compensation, with which he is also required to pay alimony in the established amounts.

The transfer of financial payments to a minor child upon dismissal is also made by the accounting department of the enterprise. Only after transferring all funds in favor of the child will the employee be able to receive a full payment.

The timeliness and amount of child support paid by the parent are strictly controlled by law. And there are very few concessions in this regard. In particular, a parent's vacation is not a reason to skip monthly payments.

The parent will have to pay child support from vacation pay in any case, even if he takes the child with him on vacation and fully pays all the associated costs.

Therefore, before starting your vacation, you need to be prepared for the next monetary deductions in favor of the child and, taking them into account, calculate your financial capabilities for the duration of the vacation.

Is alimony deducted from vacation pay or not?

Maintenance for a child under 18 years of age must be paid by the father who left the family during the divorce. Sometimes the latter has a question: is alimony from vacation pay withheld or not ? Money for child support is taken from the payer’s total income, and not just from his official earnings, including taking alimony from bonuses, overtime, sick leave, and including vacation pay.

From what income alimony maintenance can be withdrawn is indicated in the list according to the Russian PP dated July 18, 1996 No. 841 .

Payments without the participation of bailiffs are made through the accounting department of the enterprise where the alimony payer officially works. All income that appears on the payslip in the “accruals” column is summed up.

The list also includes vacation pay (grounds: clause 2 of article 100 of the RF IC, clause 2 of article 121-122 of the Code of Civil Procedure of the Russian Federation ).

Documents for deduction:

If the alimony payer speaks out against the legal calculation and insists that alimony be taken only from the “white” salary, excluding other income, including vacation pay, then the case is transferred to the FSSP.

Important! Vacation pay is a type of accrual based on the employee’s salary, they are considered part of the total income and therefore alimony is necessarily taken from them. Law No. 229-FZ lists the types of income from which money cannot be transferred to children.

The list includes all types of income that the alimony payer has. Child benefits can be deducted from:

• official “white” salary, which is indicated in accounting documents;
• profits from doing business;
• bonuses, cash rewards;
• surcharges on rates;
• fees, pensions, scholarships;
• rent received, etc.

Thus, vacation pay is also included in the list of amounts from which alimony can be withheld. When receiving money for vacation, the payer must understand that a percentage will be deducted from it in favor of the child.

According to Art. 101 (from 02.10.2007 No. 229-FZ) not all types of income of the alimony payer are subject to “plucking”. There is a list of amounts that are legally taboo, and money cannot be deducted from them for the benefit of the child.

The list includes:

• any types of compensation (travel, treatment, care for a disabled person, etc.) that are paid from the budget;
• insurance coverage for citizens (pensions are not included);
• money for the 2nd and subsequent child from the Pension Fund (maternity capital);
• pensions for children in case of loss of a breadwinner, supplements to pensions from the budget of different levels;
• compensation from the employer (for a business trip, for family events, for tools, etc.);
• one-time benefits for the poor.

That is, from amounts that can only conditionally be considered income. Since on the one hand they are received by the alimony payer, on the other hand they are paid as subsidies to the defendant himself from the budget, or they are “children’s” or production.

When it comes to vacation pay, this implies the presence of an official salary and accounting activities. Vacation money is part of the alimony payer’s earnings and is issued simultaneously with the salary.

They must be accrued and issued no later than 3 working days after the day the person goes on vacation. Guided by Art. 109 of the RF IC, alimony is calculated and transferred to the recipient’s declared account simultaneously with settlement actions.

Procedure:

• the accountant calculates wages and vacation pay as “dirty”;
• deducts 13% income tax;
• from the remaining amount calculates the interest on alimony;
• hands over the remaining amount to the alimony payer.

The share of “withdrawal” of alimony depends on how many children are entitled to subsidies - 1-2 or more than 3 (25, 33 and 50%, respectively). They are calculated only after taxes have been deducted from the amount remaining after personal income tax.

Alimony can also be in hard currency, it all depends on what is written in the writ of execution by the court. But according to Art. 138 of the Labor Code of the Russian Federation, the amount cannot be more than 70% of the wage.

Sometimes the alimony payer takes a child with him on vacation, for whom alimony is due. In this case, it is more logical to assume that the money transferred as a subsidy for the baby should remain with the payer, since he will spend it on vacation directly on the person to whom it is actually transferred.

However, this is not quite true. A parent can take his children with him on vacation if he is not limited in his rights to them, and the court has not issued a ruling prohibiting him from taking the children from the mother.

The alimony goes to the recipient in full, and then he can independently decide whether to subsidize the children’s trip through alimony payments or not.

It happens that the alimony payer does not actually go on vacation, but receives compensation for it and remains at work. Although this directly contradicts the Labor Code of the Russian Federation, the fact leaves room for it to be.

The second option is that the payer resigns from his official place of work and is entitled to all compensation payments, including funds for unused vacation on account of days already worked.

In this case, vacation pay becomes a “piece” of total payments and income tax is withheld from a large amount first, and then all the money for the employee’s obligations.

In this case, it is absolutely unimportant whether the dismissal was on one’s own initiative, due to an article or due to the liquidation of the enterprise.

If you have any questions, our duty lawyer is ready to advise you free of charge ↓

Withholding alimony from vacation pay

Alimony obligations are payments that are under special attention and control by the state, since they are assigned in order to protect the rights and interests of the most unprotected and financially vulnerable sections of society, which are minor children, disabled parents, pregnant women or women on maternity leave.

In order to ensure, at the highest possible level, support for children in need of alimony who have legalized their right to receive it, the list of income from which funds are withheld in favor of the recipient is quite wide and includes all types of wages, as well as other income of the payer approved in the Resolution Government of the Russian Federation dated July 18, 1996 No. 841 “List of types of wages and other income from which alimony for minor children is withheld” (hereinafter referred to as Resolution No. 841)

Parents obligated by a court decision (order) to pay monthly funds sometimes wonder: is child support withheld from vacation payments due to the employee?

Since vacation pay is an employee’s accrual from the salary during the vacation (rest) period due to previously worked time, the deduction of alimony from these payments is mandatory.

Is alimony calculated from vacation pay?

The organization or enterprise in which the payer is employed has the right to calculate alimony from his wages (including bonuses, sick leave, vacation funds) strictly if there is a documentary basis for this, which is:

• a court decision or court order and a writ of execution issued on their basis (with a clearly stated procedure or specific amount of withholding of funds);
• alimony notarial agreement (original or certified copy), equal in legal force to a writ of execution.

If a parent, who once voluntarily agreed to conclude such a document, subsequently evades its execution, the recipient of the funds has the right to directly transfer the agreement to the debtor’s place of work and demand the accrual of alimony in accordance with clause 2 of Art. 109 RF IC.

According to the law, there are no other grounds on which funds may be withheld from an employee’s vacation payments.

Procedure and terms for transferring alimony from vacation pay

After the writ of execution reaches the payer’s workplace, responsibility for its execution actually falls on the head (director) of the organization and the accounting department (represented by the chief accountant).

The bailiff has the right to monitor the accuracy and completeness of the calculation of alimony in favor of the recipient, and even conduct checks if necessary.

If the funds are received by the claimant in the full required amount and on time, the enforcement proceedings are closed.

The period for receipt of funds to the recipient when calculating alimony from payments for vacation is regulated by articles of two codes at once - Labor and Family, namely:

• Art. 136 of the Labor Code of the Russian Federation establishes that vacation funds must be accrued to the worker three days before he actually goes on vacation;
• Art. 109 of the RF IC states that alimony funds must be transferred within three days from the date of payment to the employee of wages (which also includes vacation funds).

Thus, deductions from vacation pay must reach the recipient on the date of his actual departure for vacation.