Is alimony collected and paid from a pension? Is alimony withheld from a disability pension?

The Family Code of the Russian Federation regulates the obligation of parents to support children, even if the spouses are divorced. Then the person who does not live with the child pays child support. The duty to financially care for children is not removed, even in the event of unemployment or the parent being retired. In connection with the last point, many citizens turn to lawyers. They are interested in whether alimony is withheld from the disability pension and whether there is any dependence on the group.

According to the laws of the Russian Federation, alimony from a disability pension is collected in the same way as from regular labor payments. Alimony cannot be canceled due to disability, but its amount can be reduced by filing a claim in court and providing appropriate evidence of the need for such a procedure.

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For each child in the family who has not reached the age of majority, alimony is withheld. The corresponding responsibilities are spelled out in the RF IC (Article 80, paragraph 2). Alimony is paid from all types of income: basic earnings, part-time jobs, remunerations, pensions. They can be in monetary terms or in the form of natural products. The latter is practiced in such cases:

• the payer has suspicions that the money paid for child support may go to the wife’s personal needs;
• the payer has the opportunity to purchase necessary children's goods at a very favorable price;
• preliminary agreement of the spouses on such payment of alimony;
• farming, etc.

As already indicated, funds for the maintenance of children are also collected from pensions.

Resolution of the Government of Russia No. 841 states that payments are withheld from all possible types of income-generating activities, including alimony from a military personnel pension, old age and others: “Alimony is withheld from all types of pensions, taking into account monthly increases, allowances, raises and additional payments to them, established for certain categories of pensioners, with the exception of pensions in the event of the loss of a breadwinner, paid from the federal budget, and payments to them from the budgets of the constituent entities of the Russian Federation.”

However, there are cases when alimony from pensions is not withheld. This category of payments includes:

A disabled father of a child who needs additional funds or is generally unable to support himself is also required to pay alimony. Calculation of payments, including from the disability pension (regardless of the group), is carried out as a percentage for each child.

When determining the amount of alimony, the authorized body may take into account mandatory disability expenses: payment for medicines, transportation costs. In this case, alimony from the pension can be reduced taking into account forced expenses.

The amount of alimony cannot exceed half of any pension payments of the spouse. With rare exceptions, the court can increase the amount of child support up to 70%. Payments begin to arrive to the child's guardian in the month following the month in which the court decision was made. Receiving alimony is possible to a personal account, card, postal order, etc.

There are cases when a disabled parent files a claim against an able-bodied spouse to recover benefits. They have the right to this if the disability occurred during marriage or no later than a year after its dissolution. Conditions under which such a request will not be granted:

• the marriage was too short;
• the disabled spouse behaved inappropriately towards his wife and/or child;
• loss of ability to work occurred as a result of a crime committed (the spouse was an intruder) or under the influence of drugs and/or alcohol.

Another question that interests many: is alimony withheld from a disabled person’s pension for a pregnant spouse? Yes, the wife has the right to payments to herself during the period of bearing the baby and until he turns three years old.

The fact of pregnancy must be established before the divorce.

If the wife receives child benefits from the state, as well as maternity benefits, the husband must still provide monetary compensation.

Mechanism for collecting alimony from pensions

A father or mother who is obligated to support a child must not hide any source of income, including pension payments. Otherwise, when it becomes known that such benefits are being accrued, the payer must pay a penalty. There may also be punishment for such actions.

To accrue payments, the recipient must enter into a settlement agreement with the payer or file a lawsuit. In the latter case, you will need a package of documents:

• certificate of registration/divorce;
• statement;
• children's birth certificate;
• an extract from the house register (to confirm that the child lives with you).

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Let’s look at the question: is it possible to withhold alimony from a pension?

The monetary obligations of a citizen of retirement age who has no other income are satisfied from his monthly pension. But is it possible to withhold amounts from all such payments? The answer to this question, as well as the deduction procedure and the possibility of reducing the amount of deductions, will be discussed in the article below.

What is alimony

Family law under alimony requires financial support from a family member if he does not fulfill this obligation provided by law on a voluntary basis. Maintenance can be recovered, including from a former family member, if we are talking about spouses who have terminated their marital relationship.

Such payments may be withheld from a pensioner to help the following persons:

• spouse or former spouse;
• a minor child;
• a child over 18 years old, but due to objective circumstances, does not have the opportunity to work and provide for himself;
• mother or father of adult adult children;
• grandparents, if they raised their grandchildren instead of their parents;
• other relatives, provided that they were dependent on the persons from whom alimony was being collected.

Reference! Funds are collected for the current maintenance of a person so that he can ensure his existence. For minor children, such payments are collected upon request unconditionally. For other relatives, it is necessary to prove that their current financial situation does not allow them to provide for themselves, as well as the impossibility of employment.

For the children of a person who does not live with them, funds can also be claimed if it is necessary to incur large one-time expenses. These may include undergoing treatment, purchasing the necessary equipment (for example, a musical instrument if the child plays music), purchasing a trip ticket for health purposes, etc.

Voluntary provision of maintenance is not considered by law as alimony . The latter can be recovered from a person on the basis of a court order, decision and a writ of execution issued on its basis, as well as a notarized agreement on the payment of alimony.

Can alimony be collected from a pension - yes or no

The Family Code does not contain any list of payments or sources of income from which a citizen can withhold maintenance from family members. There is only one regulatory document that addresses this topic. By its resolution, the Government of the Russian Federation provided a list of the types of income from which alimony is collected.

The government decree clarifies the list of payments through which child support obligations are satisfied only in relation to minor children. True, the methodological recommendations of the Federal Bailiff Service suggest extending this legal act to the collection of any other types of alimony. The issue remains controversial and ambiguous.

At the same time, the legislation on enforcement proceedings establishes a list of those incomes from which, on the contrary, no penalties are allowed. And one of the types of such payments is provision of compulsory social insurance. Therefore, the question often arises whether such deductions from pensions are allowed.

Do they pay from old age pension?

This type of pension provision is directly cited as an exception to those insurance payments from which collections are prohibited. This means that alimony can be withheld from the old-age pension based on the order of the bailiff.

From disability pension

Despite the fact that this type of support is social in nature and is aimed at financial support for a disabled citizen, alimony is also withheld from the disability pension. This is also expressly stated in the text of the law on enforcement proceedings.

From military pensions

Pension benefits for former military personnel are nowhere explicitly mentioned as a type of income from which maintenance is withheld for a needy family member.

However, the list approved by the Government of the Russian Federation mentions all types of pensions, which allows us to conclude that military pensions are also included in this list.

This is logical; having military serviceman status cannot serve as an exemption from fulfilling the obligation to support your needy family members.

How to calculate the amount of alimony from pension payments

The legislation provides for 2 options for collecting alimony: in a certain percentage in relation to all types of income of the obligated person and in the form of a fixed amount paid monthly.

In the first case, the Pension Fund of the Russian Federation or the government department through which pension provision is provided retains the part of the income established by agreement or judicial act.

So, for example, 25% of income (or ¼ of it) is usually collected for one minor child. In this case, 5,000 rubles will be withheld from a pension of 20,000 rubles for child support.

In the second case, the calculation is even simpler, since the executive document provides for a fixed amount, which is only subject to annual indexation taking into account the inflation rate. The pension fund can only transfer to the account specified in the bailiff's order the amount determined by the parties or the court.

Is it possible to reduce the size

With regard to the maintenance of minor children, the law expressly provides that the amounts established as a general rule can be reduced, but only in the presence of exceptional circumstances.

Among them, the Supreme Court of the Russian Federation lists the following:

• the presence of other persons as dependents of the obligated citizen, in particular the need for him to support his other minor children;
• a citizen’s small income, in which, after paying alimony, he has no funds left for his own life (in this case, evidence must be presented to the court that in this way the person is not trying to hide official income);
• the advanced age of the payer or the deterioration of his health;
• in other cases of deterioration in the financial condition of the payer.

The procedure for exercising the right to reduce alimony obligations is as follows:

1. The occurrence of circumstances giving, in the opinion of the obligated person, the right to a reduction in payments.
2. Collection and preparation of documents to support these circumstances.
3. Drawing up an application to the court with a request to reduce the amount of alimony and sending it to the court in accordance with the jurisdiction (usually the same court that made the decision on alimony).
4. Issuance of the appropriate court decision and its entry into legal force.

It is worth noting that the possibility of changing the already established amount of maintenance is also established by the general norm, which means it applies not only to alimony for children, but also to any other family members. The law connects this possibility with a change in either the material well-being of the parties or their marital status.

Moreover, this rule applies to both sides. For example, if a disabled ex-wife remarried, the court may completely exempt the citizen from paying alimony. Likewise, if a person has a new dependent wife, the amount of alimony to the previous spouse may be reduced.

What is the collection procedure?

To receive alimony, a person must have a writ of execution in his hands. According to the law, these are, in particular:

• agreement on payment of alimony;
• court order;
• a writ of execution issued on the basis of a court decision that has entered into legal force.

To obtain one of the last two documents, a citizen must go to court. After receiving the writ of execution, the claimant also has 2 options at his discretion:

1. Contacting the bailiff service with an application to initiate enforcement proceedings (with an attachment of the enforcement document). In this case, the bailiff issues a decision to foreclose on the pension provision of the alimony payer and sends it to the Pension Fund of the Russian Federation or another agency (the pension service of the armed forces in the case of payment of a military pension, the pension authorities of the Investigative Committee or the Prosecutor's Office, etc.).
2. Independent submission by the claimant of a writ of execution to the Pension Fund of the Russian Federation to withhold awarded payments. This method allows you to directly contact the agency paying the pension to the debtor, but forces the claimant to independently monitor the execution of the sent document.

The withheld amounts of alimony are sent to the account of the claimant specified in the application or resolution of the bailiff.

From what type of payments can child support be withheld?

In relation to alimony for a minor child, the shortest list of incomes from which collection cannot be made has been established. For example, even amounts in compensation for harm to health are not protected from withholding alimony for a minor child.

The following income is protected from such deductions:

• survivor's pension;
• payment in connection with the death of the breadwinner;
• benefits in connection with injuries and mutilations in the performance of official duties;
• compensation for victims of radiation or man-made disasters;
• payments for caring for disabled persons;
• alimony received by a person who is also obliged to support a member of his family;
• financial assistance on the occasion of the birth of a child or the death of a relative;
• benefits and maternity capital;
• humanitarian aid;
• funeral allowance and some others.

The full list is established by Art. 101 of the Law “On Enforcement Proceedings”.

Thus, with all types of pensions, except for provision in connection with the loss of a breadwinner, alimony for disabled family members can be collected. To do this, you must have a writ of execution in your hands in the form of a court order, an agreement of the parties or a writ of execution.

Interesting information on the topic in the video:

Is alimony collected from a disability pension?

The agreement on the payment of alimony is subject to mandatory notarization, otherwise it will be deprived of legal force! Forcibly

• by issuing a writ by the magistrate's court;
• by issuing a writ of execution by the district court.

An application to the court (both the world court and the district court) is drawn up according to the rules of the Code of Civil Procedure of the Russian Federation.

The necessary list of documents is attached to it: about the marriage, about its dissolution, birth certificates of children, about establishing paternity, adoption, a certificate that the children live with the applicant, information about the place of work, residence, all known sources of income of the payer. If there are difficulties in obtaining information about the debtor’s place of residence and work, you can ask the court to collect alimony in a fixed amount.

Attention

Nuances of alimony Disabled citizens who do not live with their children after a divorce pay monthly alimony from their disability pension for their maintenance.

These payments are usually made in a fixed amount and are indexed to changes in the rate of inflation.

The amount of alimony payments and the period for their transfer can be established by concluding a written agreement between the parents, which is certified by a notary office.

If an agreement cannot be reached, then it is necessary to go to court. To determine what percentage of alimony from a disability pension is to be calculated by a government agency, it is necessary to establish the number of children for whom the payer is responsible for maintaining. To reduce it (if a disabled person is in dire need of outside care, a nurse, and money is required for this), it is necessary to apply to the court.

Collection of alimony from a disabled father in 2018

Home / Alimony / Is alimony paid and withheld from a pension Views 1260 Contents

• 1 Is alimony collected from the pension?
• 2 Alimony from disability pension
• 3 Amount of alimony from pension
• 4 How to collect alimony from a pension?
  • 4.1 What should the recipient of alimony do?

According to Russian family law, parents bear financial obligations to their children until they reach adulthood. It does not matter whether the parent works or has already retired, he is obliged to pay child support to minor children.

The difference from alimony from salary and pension is that the pension is calculated and paid “in white”, so the parent cannot hide part of his income and avoid fulfilling financial obligations.

This article is about how alimony is collected and paid from a pension.

Is alimony deducted from a disability pension?

To do this, you need to submit the following documents to the court:

• a statement of claim that will contain the grounds for reducing the amount of transfers;
• the document on the basis of which the obligation is established;
• written evidence of changes in the marital and financial status of the parties.

Grounds for going to court You can go to court on the following grounds:

1. If alimony was withheld from a group 2 disabled person, the debtor retained limited ability to work and could receive additional income;
2. If group 1 was confirmed during the next MSEC examination, the debtor loses the opportunity to carry out labor activities.

Is alimony withheld from disability pensions of groups 1, 2 and 3?

• Contact the local FSSP department with the writ of execution.
• An application for withholding funds must be attached to the writ of execution, indicating the bank or postal details of the recipient. From the moment you contact the bailiff service until the moment you receive the first alimony payment, it may take about 1-3 months - enforcement proceedings take time. The procedure includes checking documents, sending a notification to the alimony payer, and submitting requests to institutions and services.

1. With the writ of execution, apply directly to the local branch of the Pension Fund of the Russian Federation, from where the money is received by the pensioner-alimony payer.

As in the first case, it is necessary to submit not only a writ of execution, but also an application for withholding funds indicating the payment details of the recipient.

Features of alimony from a disability pension

At the same time, the court can completely exempt a citizen from paying alimony only in special cases. A reduction in payments is likely:

1. When a child over 16 years old has other sources of income, for example, receives a scholarship or works part-time somewhere.
2. In cases where the family or financial situations of the parties change.
3. If the child is provided by the state.
4. When the payer has new obligations, for example, another child is born.
5. Also, when the recipient becomes the owner of property that generates good income.
6. The court may pay attention to the increase in the payer's expenses on his own health.

Is alimony calculated from a disability pension if a person works? Alimony is always withheld from all types of official income.

Is alimony deducted from a disability pension?

In special situations, the amount of payments may be increased by the court up to 70%, for example, if a child is being treated for a serious illness. If there is a delay in alimony payments, a penalty arises, calculated based on the amount of the debt and the number of days of non-payment.

Recognizing a person as disabled cannot be a basis for exempting him from paying alimony. However, the amount to be recovered can be disputed if a disabled person who has confirmed groups 1, 2, 3 incurs additional expenses for treatment. As a result, the amount of payments may be reduced.

Withholding of alimony occurs on the basis of a court order (writ of execution) in a forced manner. The writ of execution is issued to the spouse after the decision to collect alimony from the debtor comes into force.

The applicant receives the payment amounts from the Pension Fund of the Russian Federation.

Do disabled people (groups 1 and 2) pay alimony from their disability pension?

Most often this concerns a working child aged 16 years.

• The appearance of income-generating property in the recipient of alimony: real estate and securities;
• The family of the alimony payer has new children (natural or adopted), whom he is also obliged to support.
• The recipient of alimony is fully supported by the state;
• The payer has new alimony obligations, and the total amount of payments is greater than the maximum allowed by law.
• The appearance of excessively high income for the payer, since the established percentage of payments exceeds the reasonable needs for the maintenance of the person receiving alimony.
• Attention! To reduce the amount of payments, you should file a claim with the court to change the amount of alimony.

Alimony from disability pension

Woman Man Your answer progress

• Through collection in court.

If the spouses were unable to reach such an agreement, the amount and procedure for alimony payments are established by the court in a fixed monetary amount.

When determining the amount of alimony, the court may take into account the financial and marital status of both parties and other factors that may influence the resolution of this issue.

Disabled people pay monthly alimony, which is subject to regular indexation.

The amount of alimony for a disabled person depending on the number of children: The presence of disability of groups 1, 2 and 3 does not affect the amount of alimony, since this fact is not a reason for exemption from the obligation to support a child under the age of 18 years.