Is it possible and how to transfer child support to a child’s account or bank card?

Caring for minor children is the responsibility of both parents, which is not removed in the event of divorce. As a rule, the child permanently lives with one of the parents, and receives money from the second parent to meet his needs.

The law specifies that child support paid by one of the parents is administered by the second parent, as the legal representative of the child. These funds should go exclusively to the needs of the child - food, purchase of clothes and shoes, treatment, health improvement, education.

Sometimes the alimony payer has doubts that the amounts of money he is paying are being spent appropriately.

Doubts may be well-founded, or they may arise due to mistrust and tension in the relationship between former spouses.

However, the alimony payer asks a completely reasonable question: is it possible to transfer alimony payments to a bank account opened in the child’s name, instead of transferring them directly into the hands of an unreliable (from the payer’s point of view) recipient?

Is it possible to transfer child support to a child’s account or bank card?

The reason for applying this measure may be the misuse of funds intended for the child. It is clear from the question asked above that the child's needs are not being met and child support is being used for other purposes. It’s good if you have evidence with which you can demonstrate in court the misuse of alimony payments.

According to Article 60 of the Family Code of the Russian Federation, the court, although not obliged, has the right, at the request of the alimony payer, to decide to transfer half, but no more, of the alimony to a bank account opened in the name of a minor child. When making a decision, the court is guided not only by the above norm of family law, but also by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 of February 6, 2007 .

Amount of alimony that can be transferred to a bank account

Parents who go to court to demand that money be transferred to a bank account are often too categorical. Sometimes there are demands that the money should not fall into the hands of the parent at all, but should go entirely to a bank account.

What does the law say about this? How can alimony be divided, in what proportions can alimony payments be divided into parts?

The specific proportional ratio of the parts of the alimony payment is established by the court based on the following circumstances...

• The amount, as well as the method of calculating alimony (as a share of permanent income or in a fixed amount);
• The size of the subsistence level established by the government at the place of residence of the child at the time of consideration of the court case;
• The amount of additional financial assistance, if it is paid by the parent for specific purposes (for example, to pay for clubs or sports sections, purchase vouchers for recreation and recreation, purchase children's furniture, a computer, sports equipment for the child's needs, etc.).

The law limits the part of the amount of money that can be transferred to a bank account to half (50%), since the child does not live on his own, but with one of the parents, who supports him - provides housing, buys food, clothes and shoes, school supplies, medicine and so on, therefore, has the right to manage the money intended for the child. To deprive him of such an opportunity means to deprive a child or parent of their livelihood.

The law provides for cases when not half, but the full amount of alimony may be transferred to a bank account. Let's consider these cases.

A document such as a voluntary agreement on the payment of alimony, which is concluded between parents, may provide for any amount and method of payment of alimony that the father and mother agree upon. For example, a full transfer of funds to a bank account before the child reaches adulthood.

If an agreement has been concluded between the father and mother, but by mutual consent they want to change the method of alimony payments, they should make changes to the existing alimony agreement, according to which one part of the alimony payment will be at the disposal of the parent, the second part - to a bank account.

Changes made to the agreement must be made in writing and notarized.

If one of the parents does not agree to make changes to the agreement, you can file a lawsuit to change the procedure for paying child support, citing the refusal of the other parent to make appropriate changes to the agreement.

1. The child is fully supported by the state (living in an orphanage, orphanage, boarding school);
2. The child is under guardianship or guardianship, living in a foster family (without deprivation of parental rights and subsequent adoption of the child).

How to open an account for a child to transfer child support?

You can open an account in the name of a minor child at any bank - the vast majority of banking institutions have specially developed programs for saving and increasing cash deposits until the child reaches adulthood.

As a rule, they imply the possibility of regular replenishment of the account and unhindered withdrawal of funds by certain persons entitled to do so - the child himself, father and mother, guardian or trustee. It is very comfortable.

To open a bank account, you must submit an application by presenting your passport and child’s birth certificate. The account opening procedure takes no more than one hour.

After this, you can file a claim with the court to change the method of payment of alimony, attaching a document indicating the details of the banking institution.

How to obtain court permission to transfer alimony to an account

• The procedure for obtaining court permission depends on who is the initiator of dividing alimony payments into two parts.
• The alimony payer should apply to the court with a statement of claim to change the method and procedure for implementing the court decision on the payment of alimony .
• Such a statement of claim is not subject to state duty.

The statement of claim must indicate basic information about the parties and the minor child (full name, date of birth, residential address).

After the basic information, you should briefly, without intense emotional overtones, state the circumstances of the case.

It is necessary to indicate the date and place of consideration of the initial claim for the collection of alimony, indicate the amount of your own income, the amount of alimony (in relation to income or the cost of living), and the method of transferring alimony payments. It would be a good idea to inform the court about the payment of additional amounts of money as financial assistance.

The statement of claim must contain references to the legal norms on which the plaintiff bases his claims (Article 60 of the RF IC, Article 203 of the Code of Civil Procedure of the Russian Federation).

The claim must necessarily contain references to evidence of misuse or unreasonable spending by the parent of money intended for the child.

The statement of claim must be signed and dated by the plaintiff himself or his representative - if there is a document confirming his representative powers.

The statement of claim should be accompanied not only by the main package of documents, including...

• passport,
• marriage or divorce certificates,
• child's birth certificate,
• court decision to collect alimony,
• a bailiff's order to open enforcement proceedings, but also documents and other evidence confirming misuse or irrational spending of funds by the recipient of alimony payments.

Inappropriate or irrational spending of money should not just be conjectured, but must be proven in court proceedings - with the help of evidence.

An important piece of evidence for the case can be an inspection report from the PCA (guardianship and trusteeship authority) of housing and living conditions at the child’s place of residence.

At a court hearing, the alimony payer may require the alimony recipient to submit a report on the income and expenses of the amounts received. It would be a good idea to ask for information about whether the parent has any credit obligations or whether they have recently made major purchases or tourist trips.

In addition, you should provide the court with details of a bank account opened in the name of the child, where part of the alimony payments will be transferred.

The claim must be filed in the court whose judge made the initial decision to collect alimony.

If the funds were withheld by an accountant at the place of work, you should submit an application to change the method of payment and bank details, to which you should attach a copy of the court decision.

If the collection of alimony was carried out by the bailiff service, the court decision should be provided there.

The law does not exclude the possibility of filing such a claim in court not only by the alimony payer, but also by the alimony recipient.

The recipient of alimony should also file a claim with the court. As a claim, you should indicate a requirement to change the method of implementing the court decision regarding the method of paying alimony and ask for the transfer of part of the alimony payments to the child’s bank account. The claim must be accompanied by details of the bank account to which payments will be made.

With a positive court decision and new bank details, you should contact...

• to the bailiff service4
• to an organization, enterprise, institution - at the place of work of the alimony payer.

Judicial practice in cases of this category is quite extensive.

The main feature of the court's consideration of claims to change the method of execution of a court decision is the difficulty of proving misuse or irrational spending of alimony by a parent. It is very difficult to prepare evidence that sums of money are rudely and irresponsibly spent not on the needs of the child, but on the personal needs of the parent.

Even if the alimony payer manages to prove that the money was spent unreasonably, the court does not have an obligation, but only has the right to change the method of paying alimony.

After all, a court decision to transfer part of the alimony to a separate bank account, to which the parent will not have free access (or will have access only with the permission of the guardianship and trusteeship authority), can significantly worsen the financial situation of the child.

In the decision-making process, the court is guided not by the interests of the father and mother, but, first of all, by the property interests of the child.

The court takes into account that in most cases the amount of alimony is small, and considerable expenses for the maintenance of the child are borne not only by the payer, but also by the recipient of alimony payments, and often to the detriment of their own needs. The court must make sure that the portion of alimony (at least 50%) remaining after the division will not be below the subsistence level and will cover the needs of the child. Otherwise, the claim will be denied.

Is it possible and how to transfer alimony to the account or bank card of the child, and not the mother, judicial practice

The amount of alimony can be calculated in various ways (percentage of salary depending on the number of children, hard cash equivalent, mixed method).

There is also the option to select the method of transferring cash to the recipient. In addition to postal transfer and hand-delivery, it is possible to transfer alimony to the account or bank card of a child or adult.

The last method is perhaps the most common and allows you to quite simply record the fact of fulfillment of obligations using payment receipts and checks. Moreover, at the moment, payment through the bank is carried out online.

Grounds for calculating alimony to a child’s card or account

Transactions in full

Transfers to the personal details of children are possible, depending on the circumstances, either completely or partially. Full deductions are made exclusively in the following cases:

1. By bilateral agreement.
2. If a minor lives in a state institution (orphanages, boarding schools) and his upbringing takes place with the help of the state budget.
3. Lives in a foster family (guardianship without official adoption), and the parent(s) are alive (or another relative to whom child support obligations have been transferred).

Partial transactions in court

In certain situations, the alimony payer has doubts about the appropriate use of payments by the former spouse (or even an officially failed husband or wife).

Until the age of majority, the responsible parent manages the maintenance money. If funds are spent to satisfy one’s own needs and interests, the question often arises: “is it possible to transfer money to the child’s account rather than the mother’s?”

In addition, the payer may believe that the minor does not live in need and the alimony amount is paid in excess of what he needs. But there is no talk of reducing the amounts here.

The alimony payer has the right to apply in a separate proceeding to have the currency transferred to a bank balance, but registered specifically in the name of the child. This right is enshrined in law in paragraph 2 of Art. 60 of the Family Code of the Russian Federation. The process of obtaining such judicial permission is complicated by many difficulties. But a positive result will still not allow you to completely control costs.

The recipient himself can also claim that the payment will be made exactly this way. This may be relevant if you are planning a long-term trip and during the period of absence this money will not be received in any other way. Or the representative parent himself assesses his financial situation as good and wants to create some kind of contribution for the future.

Voluntary partial transactions

It is necessary to distinguish between two different cases when money is transferred in this way by a court decision due to its incorrect distribution by a representative or voluntarily on the initiative of participants in the events.

Now banks provide such a service as issuing cards for children and teenagers in completely ordinary situations and for children living in a full-fledged family. Management of this money is possible from the age of six for making small food purchases, from the age of 14 for larger ones with the permission of a parent or legal representative.

The voluntary procedure includes the following cases:

1. The direct participants in the events agreed on this method of payment in accordance with Article 99 of the RF IC. In this case, the representative can independently open a savings account at the bank. The agreement must include not only card or account details, but also the amount and frequency of payments. In order for this document to have official force, it must not only be written by hand and signed, but also certified by a notary.
2. The alimony payer makes transactions in excess of the limit (established officially for alimony earlier). These contributions can only be made voluntarily and independently. The employer has nothing to do with this situation.

The procedure for awarding changes to the method of calculating alimony

Changes are possible if:

• the financial situation of the parenting party is quite good;
• the amount of payment is at least 2 times higher than the subsistence level in the region of residence.

In any option, the figure for individual deductions will be no more than fifty percent of the size of a single payment. That is, half of the cash will continue to go to the parenting party, and the second half will go to the personal details of the offspring.

If the initial amount of alimony is small and the financial situation of the parent raising is not so satisfactory, a reduction in interest may be offered.

Plaintiff's actions

1. First you need to open a bank account.
   To open, you will need identification documents of an adult and a child.
2. Then a lawsuit is filed.

The statement of claim contains:

• name of the body;
• personal and contact information of the parties;
• title in the middle “Statement of..”;
• description of the circumstances of the case: the previous decision and the payments made on it, the reasons for making changes (violation of children’s rights or a high level of payments);
• reference to laws in favor of the opinion expressed;
• the text of the request itself;
• list of applications;
• signature and date.

In order to file a claim, you should also prepare the following package of papers:

1. Passport.
2. Certificates of marriage and completed divorce (if any).
3. Birth certificate.
4. A court decision with a writ of execution or a notarial agreement.
5.  Bailiff's resolution on the opening of proceedings.
6. Confirmation of regular payments made on it.

Arbitrage practice

According to these cases, it is quite extensive. Most often, the conclusion is given that it is necessary to maintain the previous payment procedure. It is quite difficult for the plaintiff to provide objective reasons with an evidence base for making changes.

Even if it seems quite convincing, the judge has to take responsibility for respecting the rights of children, not adults. To take into account their interests, all basic and additional needs are taken into account, and the state of health and possible expenses in this direction are also taken into account.

Changes may lead to a worsening of the child's situation.

It is difficult to prove illegal embezzlement due to the fact that no one should initially collect and present any reports on payments made. To defend your point of view, you will have to use testimony, including the staff of educational preschool and school institutions, neighbors and other close associates.

To confirm this, articles of the Civil Procedure and Family Codes are used.
And, nevertheless, each case is considered individually. The recipient can still provide checks and invoices for expenses in his own defense:

• for education,
• clothes, food,
• treatment, etc.

Therefore, when relations between the parties are complicated, each of them must think ahead and keep documentary evidence of their actions and the inaction of their opponent.

Perhaps, significant evidence in favor of the plaintiff will be an inspection of the housing in which the child lives. Only if it is not very satisfactory and the recipient spends the money on his own needs.

Or there are large purchases and tourist trips that the recipient of the funds could not pay from his salary. This may also include loans for which the recipient of alimony would not have enough of his own funds for periodic payments.

Nevertheless, the parent raising the child can prove that he or she has additional unofficial income. Here you need to weigh all the pros and cons. If the defendant’s income is high, the plaintiff can subsequently use this information to reduce the amount of alimony in principle.

Ruling in favor of the plaintiff

Regardless of who initiated this method of payment, it occurs in the standard mode within the framework of current enforcement proceedings. This means that the responsibility for monitoring this rests with the bailiff in a specific case.

At the same time, he may oblige to pay the money directly or transfer it to the balance of his branch, in order to then transfer it to the final addressee within 5 working days. This is supported by law.

If the reason for the changes was a violation of the rights of minors, then the spending of money by the parent-representative is made as difficult as possible.

Thus, opportunities open up for a person in the future, for example, to pay for his education or acquire his own movable and immovable property using the accumulated amount.
Sometimes withdrawal and spending of currency is possible in the event of emergency negative situations. For example, health problems.

Or the representative can cash out and make expenses under the control of official bodies, such as guardianship authorities. This requires a separate permit. All expenses will be fully accountable.

Procedure for deductions

They can still be made either by the payer themselves or by the company’s accounting department (or the Pension Fund) as part of the standard payment process as a percentage or in a fixed monetary equivalent. The transfer by the employer is made in accordance with Article 109 of the RF IC no later than three days after the calculation of wages or the signing of a statement of receipt.

In order for the accounting department to be able to make payments, you need to:

Provide a document that serves as the basis for this: a court opinion or an agreement.

Have a ready-made card with the details on hand to enter them into the application.

Submit an application requesting the transfer of funds.

An application to the accounting department and bailiffs regarding an existing court opinion or agreement is written on the spot on an individual basis. There is no established unified form here. The main thing is to informatively reflect the essence of your request. To provide yourself with guarantees in this situation, you can take a receipt confirming your acceptance of this application.

Or send an application with attachments by mail with a return notification, which will be returned to you after delivery of the letter.

The sample usually contains:

• in the header the name of the body in whose name the appeal is written;
• in the middle is the Statement “O..”;
• information about the representative parent, the child himself and the paying parent;
•  indication of the document on the basis of which transactions will take place;
•  request for their implementation on the specified data;
•  the details themselves;
• list of applications;
• signature and date.

Applications:

•  a copy of the court decision and writ of execution or agreement;
•  a copy of the alimony payer’s passport;
• certified information from the bank with information for completing transactions.

During the process of self-deductions, it is recommended to indicate their purpose as alimony payments and save the final receipts. It is worth keeping them for the entire period until the end of payments. Perhaps they will someday be needed in court as evidence of alimony payments and not other payments.

It is worth considering that the costs of calculating cash are borne by the payer and are not included in the alimony figure itself. Therefore, if a transfer is made to two addresses with different details, then the costs double accordingly.

All of the above information applies equally to both the bank account and the card.
You can transfer cash, among other things, to a savings book. In fact, both the card and the book have their own bank accounts and allow the recipient to independently withdraw funds from a terminal, cash desk, or monitor the movement of funds online.

Is it possible to transfer alimony to a child’s account in 2023: until adulthood?

Often, alimony providers express a desire to transfer alimony to the child’s account because they are afraid that the second parent will spend the amount received on their personal needs. To open a personal current account for your child, you will need to contact a financial institution and order the appropriate service, and then draw up a statement of claim and send it to the court.

Basic information

If the initiator of the change in payment transfer option is the alimony provider, then with a positive court ruling, he will transfer no more than 50% of the total amount of alimony.

When the recipient of alimony is sent to the court with this demand, then in this situation the entire amount without a balance can be transferred to a specialized “children’s” account.

As a result, by the time he reaches adulthood, he will have accumulated a decent amount of money.

Let's look at how child support providers can secure their funds and start transferring money to the child, not the mother.

The legislation establishes the following right: the recipient of alimony, acting as a representative of the child, manages the transferred money to meet the needs and requirements of the minor. The latter may include spending on education, medical procedures, purchasing basic necessities, and purchasing food.

If the child support provider understands that the second parent spends money on his own needs (for example, after a divorce and the establishment of alimony, he began to travel frequently to other countries and cities, purchased expensive equipment), then in this case he has the opportunity to open a “children’s” account and transfer the money is for him.

Procedure for opening a child account

Many financial institutions offer such a service for child support providers - programs for saving and increasing the amount of financial deposits until the client’s child is 18 years old. Such programs allow you to constantly replenish your account, as well as withdraw money from it by those people who have the right to do so (the child, his parent, trustee or guardian).

To open a child support account for a child, you will need to complete the following steps.

1. A specialized bank account is opened at the request of the alimony provider. He will need to provide the bank employee with his passport, as well as a birth certificate for the baby.
2. The second step is to contact the court department with a request to change the method of transferring alimony payments. It is necessary to first draw up a claim and submit to the court documentation containing information about bank details.

If the alimony recipient, after opening a bank account, does not go to court, then all the money transferred by him will be counted as auxiliary material support, and arrears will arise for alimony.

Drawing up a claim

In order to legally change the method of transferring money to a child, you will need to file a claim. In this case, the state duty is not paid.

The claim must contain the following information:

• Full name of the child’s parents without any abbreviations, date of birth, addresses of residence;
• description of the current life circumstances: date and address of consideration of the first claim for the establishment of alimony payments, the amount of income received by the alimony provider, the amount of alimony (in a fixed fixed amount or as a percentage of income), the established option for transferring alimony;
• information about whether the alimony provider transferred auxiliary funds in the form of support to the child;
• references to legislative norms;
• justification for the request to change the payment procedure;
• list of attached documentation;
• date of filing the claim, signature of the plaintiff or his legal representative.

As for the justification, the alimony provider can indicate the following in the claim: if the parent with whom the child lives spends alimony irrationally, then as a result the minor will experience a shortage of money required for moral, intellectual and physical development in accordance with his current age.

It is also worth stating in the statement of claim that transferring a certain share of alimony to the account is advisable: for example, after 18 years, the accumulated money will be spent on studying or buying a home.

Additionally, in the application, the plaintiff indicates that the second parent spends child support funds unreasonably and irrationally.

What documents need to be submitted to the court?

The applicant provides the court with the following package of documentation:

• claim;
• your passport;
• certificate of registration of the marital union or its dissolution;
• court order to collect alimony payments;
• the bailiff's decision to initiate enforcement proceedings;
• documents proving the fact that the parent with whom the child lives is spending the funds received irrationally.

The following may be used as evidence:

• checks and receipts establishing the fact that the parent spent money on meeting personal needs;
• receipts for repayment of loans and borrowings that were issued by the parent for their own needs;
• photos and videos;
• witness statements;
• a certificate stating that a large debt has accrued for paying for kindergarten attendance;
• police or prosecutor's reports and juvenile records.

The act of checking the child’s living conditions is of particular importance. This document is drawn up by guardianship officials.

During the consideration of the case by the court, the alimony provider is recommended to demand from the defendant:

• report on alimony income and expenses;
• documentation on credit debts;
• certificates about whether the defendant has traveled to other countries and cities over the past few months, whether he has made large financial expenses (for example, on expensive repairs, the purchase of household appliances that are not intended to meet the basic needs of the child).

The alimony recipient will be required to provide the court with the details of the account that he previously opened with the bank. If the court decision is satisfactory, the plaintiff will begin to transfer alimony exactly to the account specified by him.

As for the court decision, this body has the right to meet the plaintiff halfway and change the procedure for making alimony payments. The child support provider will transfer no more than 50% of the amounts to the children's bank account. The legislation does not allow the entire transfer of alimony amounts to the account - at least half must be transferred to the current needs and requirements of the minor.

Further actions of the alimony provider

After the court has satisfied the requirements set out in the claim, the alimony recipient will need to submit a corresponding application to the accounting department of his enterprise to change the payment option. Also in the application it is necessary to indicate the bank account details - it is to this account that the accounting staff will begin to transfer up to 50% of alimony.

In a situation where the collection of alimony payments is carried out by SSP employees, the alimony provider will need to submit an application to this department.

Rights of alimony recipient

The recipient of alimony payments also has the opportunity to file a claim with the court, demanding that the funds be transferred to the children's current account.

For example, a minor lives with his mother. A woman has a good salary, so she has the opportunity to carry out current expenses for the child on her own.

In this situation, it is more profitable for her to open a children's current account and ask the court to order that the child support provider transfer the money to him.

The recipient of alimony performs the same actions as the sender of funds. You will need to file a claim requesting to change the method of transferring alimony. Before this, you must first contact a banking institution and register a child account.

The advantage for the recipient of alimony is that he can put forward the following request to the court: to transfer not half of the alimony to the child’s account, but the entire amount without any balance.

In the case of an affirmative court ruling, the recipient of alimony is sent either to the accounting department of the enterprise where the alimony worker is employed, or to the SSP.

Peculiarities of consideration of the case in court

If the initiator of the lawsuit is the alimony provider, then he will need to prove that the recipient of financial payments spends the money irrationally. Collecting relevant certificates, checks and receipts, as practice shows, is difficult.

In a situation where the plaintiff nevertheless managed to present certain evidence of unreasonable spending of the funds transferred by him, the court is not obliged to satisfy his demands. Thus, if the court finds that the presence of a bank account, to which the parent receives access only with the permission of the guardianship officials, worsens the living conditions of the child, then the plaintiff will be refused.

The main thing that the court takes into account when making its decision is the observance of the property interests of the growing citizen of the country. It takes into account the following factors:

• the need to regularly purchase expensive medications for the child;
• spending on a specialized treatment menu, massage or physiotherapeutic procedures that are aimed at maintaining the baby’s health;
• the current state of health of the minor, the presence of any serious diseases;
• financial situation of the parent who lives with the child.

If the court finds that 50% of the alimony that remains after transferring finances to the bank account will be less than the subsistence level registered in a particular region of residence, then the alimony holder’s claim will be denied.

If the alimony holder is really concerned about the fate of his unborn child, he has every right in this situation to register a bank account and transfer funds to it in excess of alimony. If he is 14 years old, then you can transfer money to your child’s bank card.

Let's sum it up

If the child support provider has reasonable suspicions that the second parent is spending the money transferred to him on personal needs and needs, he can go to court and ask him to transfer child support to a bank account that is opened specifically for the minor child. The defendant in this situation will have limited access to the account, which will protect the child’s future.

The court has every right to satisfy the plaintiff's request, but is not obliged to do so. When considering the case, he takes into account many factors, and first of all considers the question of whether such an option will worsen the current living conditions of the child.

If the plaintiff opened a children's account in the bank, but did not then go to court, then the payments transferred to the account will represent additional financial support provided to the minor child. Such financial transfers will not go towards alimony obligations, and if the latter are not paid, a person will develop a debt.

The recipient of alimony can also initiate a change in the transfer of alimony. However, the court will satisfy his request if it finds that the plaintiff has enough money to ensure a normal standard of living for the child.

Transferring child support to a child's account - is this possible by law?

Child support after the divorce of his father and mother is administered by the parent who remains to live with the minor. In this case, some part of such payments can be transferred directly to the children's account opened in the bank. This eliminates the possibility of misuse of alimony.

Any child in the Russian Federation has the legal right to receive financial assistance from their parents, regardless of whether they live together or are divorced.

If alimony is paid for a minor, the mother receiving it (or father) is obliged to spend the incoming funds on the upbringing, material maintenance, and education of her child.

In such cases, the alimony payer can go to court and:

1.  Demand a report from the second parent on the targeted expenditure of money that he sends to his minor child.
2. Request that child support be transferred to the child’s account.

In the first case, the payer is obliged to present to the court the facts that the second parent (for example, a mother raising a child) is spending the incoming money for other purposes - to satisfy his personal needs, and not for his son or daughter. This is not easy to do (the judge must see written evidence of such inappropriate spending - checks, invoices), but it is possible.

Also, the alimony payer has a second, more drastic, path. He may ask the court to allow part of the money to be transferred to the child’s bank account, again citing improper spending by his former significant other.

And in this case, you will have to collect documents, certificates, checks, and witness testimony that confirm the deterioration of the (purely material) provision of his daughter or son. The prepared evidence must demonstrate the former spouse’s dishonesty in spending money intended for children.

Then it will be easy for the plaintiff to achieve a decision in his favor.

In some cases, the transfer of funds to the account of a minor is carried out at the request of the parent receiving child support payments.

Typically, such situations are observed when he has sufficient financial resources to provide the child with everything necessary on his own or when the direct guardian leaves abroad.

In such cases, it is necessary to go to court and obtain permission to transfer funds to the account of the minor, and not the mother (father).

After this, the recipient of alimony writes a statement to the bailiffs, indicating in it the reason for changing the account for the transfer of alimony.

Important! If the mother independently submitted a writ of execution for alimony to the organization where her ex-husband works, she will have to contact the accounting department of the said enterprise rather than the bailiff service.

Another way to transfer funds for the maintenance of children to their bank account is a voluntary agreement between parents. Everything happens quite simply here.

Former spouses have the opportunity to amicably agree on the transfer of part of the payments or their entire amount to the account of the children until the latter reach adulthood.

Such a decision is recorded in an agreement between the parents, which must be certified by a notary.

Without notarization, the transfer of money may be considered not as payment of alimony, but as additional assistance or a gift to the child.

If alimony is initially transferred under a voluntary agreement, changes should be made to it.

It will be enough to add a clause on the transfer of payments to the child’s account, indicating exactly what part of the funds will go to the mother (father), and what part will go to the child’s bank details.

In such a situation, the ex-spouse must put his proposals in writing, send this paper to the mother and receive from her an official refusal to transfer money to the child’s account.

With this document, he needs to go to court and file a petition to compulsorily determine the method and procedure for transferring alimony.

You will have to contact the courts even if there is no reaction from the mother to the written proposal.

The possibility of the option we are considering transferring money to a child from one of the parents is stipulated by Art. 60 Family Code. It should be taken into account that children until they reach adulthood are not tax payers and subjects of financial law. Therefore, they cannot have a bank card.

But the law allows you to open a current account for them. A minor will be able to withdraw funds that will go to the bank at the age of 18.

It is also possible for a parent receiving alimony to withdraw money if it is needed for the education or treatment of a child, but only after the appropriate permission is issued by the guardianship authorities.

Next point. There is no point in paying child support to the account of children officially recognized as incompetent or incapable of work. They won't be able to use their money. Now about the main thing.

In reality, part of the alimony transferred to the children’s bank account is determined taking into account:

1.  The minimum subsistence level existing at the date of the court decision.
2. Amounts of alimony (and therefore income or salary of the payer).

Also taken into account is the size of additional transfers made by the alimony payer for the purchase of toys, shoes, clothing, payment for his child’s classes in sports clubs, art schools, and so on.

The court analyzes all this information, as well as other information presented by the plaintiff, then decides which part of the alimony will be enough for the father (mother) to provide for the minor, and which can be sent to the latter’s account.

It is important that the recipient of alimony has a monthly amount equal to the accepted minimum subsistence level. Otherwise, the child’s financial situation will worsen. Part of the alimony payments above the specified minimum is allowed to be transferred to the minor’s account.

But they, as we noted above, should not exceed 50% of the total amount of financial assistance from the respondent parent. Subject to the stated conditions, the plaintiff can rationally spend alimony, provide the children with everything they need and save part of the money for their future.

Transfer of 100% of alimony to children's accounts is allowed in the following situations:

1.  The child is not officially adopted, but is being raised by adoptive parents.
2.  The former spouses signed a settlement agreement (see above).
3.  A minor lives permanently on full state support in an orphanage or orphanage.

In such cases, children have the right to use their own money from the age of 14.

If the financial situation of the alimony payer changes (deterioration or improvement of financial situation, decrease or increase in income), he can go to court again.

And ask for a review of the distribution of funds sent to him between the accounts of the mother (father) and the minor.

The text of the application must indicate the articles on which the plaintiff relies when presenting his claims. The average person may not be able to handle this. Copies of the following documents must be attached to the application:

• writ of execution on the basis of which payment of alimony is made;
• marriage and divorce certificates from the registry office;
• child metrics.

After the process is completed, payments will be collected and partially sent to the child's account based on a court decision or court order. Consider the following:

The court decision comes into force after some time is given to the defendant to file an appeal. But the court order is executed immediately after it is issued.

In this case, the order, in fact, simultaneously performs the function of a writ of execution.

Payment of alimony and transfer of part of it to the bank in the name of the minor is made by the accounting department of the organization where the defendant works (provided that he has an official job). The payer can transfer money independently if payments are made by agreement of the parties. The accounting department of the enterprise is required to provide:

• a copy of the court order or decision;
• documents of the alimony recipient (copies).

If the documents are planned to be submitted through court bailiffs, an additional application from the alimony recipient (free form) to open enforcement proceedings and the original of the voluntary agreement or court decision will be required.

Is it possible to transfer child support to the account of a child under 18 years of age: how to divide it, transfer half of the amount

Payment of child support by parents is a common practice in our country. Many families are divorced, and minor children need financial assistance.

The responsibility of parents is to provide them with everything necessary for life, study and good rest.

As a rule, the legislation is on the side of the parent who has taken care of the child and lives with him, usually the mother.

What to do if spending alimony leaves the payer with many questions due to the fact that the recipient can spend the child’s funds on his own needs and entertainment? Is it possible to pay money to the child himself instead of his ex-wife?

Is it possible to transfer child support to a child’s account or card?

There is an established purpose for alimony funds. These include: education, training, treatment, purchasing food, clothing, increasing the financial level of the family, etc.

The recipient of alimony does not have the right to spend it on his own whims, because this violates the interests of the minor.

Transferring money to a child's account sometimes becomes the only measure of protection against misuse.

Parents can also reach an agreement voluntarily by concluding a settlement agreement. It should specify controversial issues regarding the transfer of alimony and indicate exactly what part of the payments will go to the account. This document must be certified by a notary office, after which it receives the force of a writ of execution and can be used for recovery through the bailiff service.

Example of amicable support agreement:

Such an agreement can be left until the child reaches adulthood, changes can be made to it later, or even canceled altogether. The procedure for certifying changes to the settlement agreement is similar to the initial signing.

A peace agreement can be signed even if the court previously decided to award alimony.

Reasons for this action

The main reason for transferring child support payments into a child's bank account is to control how they are spent.

The payer is not sure that the funds are actually spent on the needs of the child, his treatment, development, education, purchase of clothes and payment for food.

In addition, if he has evidence of misuse of funds, he will present it in court to prove the need to restrict access to funds.

It happens that, suffering from alcohol or drug addiction, the ex-wife spends alimony on her addictions. If you know about this, obtain official papers confirming your suspicions in this regard.

If you have suspicions, you have the right to request a report on how alimony is spent. That is why it is recommended that the ex-wife save receipts for purchases and transfers, as well as make payments through online banking. In the event of a controversial situation, she will be able to provide an extract from her account, which reflects the actual amount of expenses incurred.

Legislative regulation

At the legislative level, the issue is regulated within the framework of the Family Code, Art. 60. The second normative act important for making a judicial decision is the resolution of the Plenum of the Supreme Court dated October 25, 1996 No. 9. The possibility of amending the court decision regarding alimony payments is provided for in Art. 203 Code of Civil Procedure of the Russian Federation.

It is these regulations that should be addressed when a dispute arises between former spouses. If you have doubts that you will be able to resolve the issue on your own, contact a competent lawyer who will draw up papers for the court and represent your interests.

What portion can be transferred to the child?

You cannot start transferring money to your son or daughter into his savings account on your own. To do this, you must first obtain court approval or enter into a settlement agreement.

If you decide to transfer alimony yourself, in whole or in part, without filling out the appropriate papers, your transfer will not be considered an alimony payment (for more details, see the article: is it possible to divide alimony into 2 parts: for receiving funds in cash and for transferring to a bank account). Such a transfer is legally defined as a gift of funds to one’s child.

The amount of payments to a minor’s bank account can be set in the amount of:

• up to 50 percent of the previously established amount;
• 100 percent from her.

Half the amount

If you want to transfer the entire amount of alimony to the minor’s account, you will have to resolve the issue pre-trial, because the court will not be able to make a different decision.

Full size

One hundred percent of the financial support can be transferred to the child’s bank account based on the conclusion of a settlement agreement between the parents.

Such a transfer procedure can be established when the alimony recipient himself applies to the court. In this case, the plaintiff must justify his desire with compelling arguments, since the rights of the child are affected.

In this case, the plaintiff can open an account for a minor.

How to open an account for a child for child support?

Before you begin to resolve the issue, you need to open a bank account in the child's name. To do this, you can use the services of any bank. Documents you will need are a birth certificate and your passport. There are no special features for opening an account for a minor in a bank; this procedure is standard.

It is worth thinking about the fact that if the funds remain in the account for a long time, a considerable part of this money will depreciate as a result of inflation. That is why you should give preference to a replenishable deposit with a high interest rate. Be sure to take into account that you may need to withdraw money, because the recipient of alimony has such a right.

Obtaining court permission to pay child support

The filing of a claim to change the order of transfer of alimony occurs in the same magistrate court that considered the first case. Only he can consider the case of making changes to the payment procedure.

Actions of the alimony payer

First, open a bank account for your child. Then try to resolve the issue with the other parent peacefully, out of court.

If the recipient of alimony is against a voluntary settlement, file a claim in the magistrate's court. Pay special attention to the validity of your request, otherwise you will be denied.

You will not have to pay state duty. It is not provided for the consideration of such cases.

Filing a claim in court

Sample statement of claim:

In the statement of claim, please indicate:

• name of the magistrate court hearing the case;
• information about the plaintiff and defendant (full name, address, contact telephone number);
• name of the statement of claim;
• presentation of the essence of the issue in any form;
• claim for division of alimony payments;
• list of applications.

If you provide financial support to your children in addition to court-ordered payments, be sure to reflect this fact in your application. Please draw the court's attention to the conscientious fulfillment of obligations and the absence of alimony arrears.

Lawyers recommend indicating in your application the minimum level of income in the country at the moment and how much your transfers exceed this indicator. Specify how much you want to transfer to the child’s account and why you consider this measure inevitable.

Related documents

Be sure to attach the following documents to your claim:

• passport;
• document on marital status;
• birth certificate;
• a copy of the writ of execution;
• details of the deposit opened in the name of the minor.

If you have evidence of improper spending of alimony, this will be a huge plus when considering the case.

This could be a certificate confirming that the alimony recipient is registered with a drug dispensary, witness testimony, or other evidence of an immoral lifestyle.

Guardianship authorities can also help in this matter if, at the request of the plaintiff, they draw up an act on the unlawful expenditure of children’s money.

Making a court decision

After a positive court decision is made, it is necessary to make changes to the procedure for paying alimony:

• if the transfers were made by the payer independently, then he can continue to transfer funds in the same way, only the bank details of the addressee will change;
• if the transfer of funds was carried out by the accounting department at the place of work, it is necessary to provide new details of the recipient and a court decision;
• transfers through the FSSP require the provision of a writ of execution.

If your claim is denied, continue to pay child support as before. You can return to this issue later if you provide the necessary evidence.

Actions of the alimony recipient

The recipient of alimony can also initiate a lawsuit when he has enough of his own funds to support the child and wants to create savings for future education or a major purchase.

The law provides for this possibility. The actions of the mother and the attached documents will be similar to the filing of a claim by the father.

After satisfying the requirements, the plaintiff can submit a new writ of execution to the defendant’s place of work or to the FSSP.

What does judicial practice show?

It should be noted that the court is guided in this case by the interests of the child. The court is of little interest to the relationship between the parents and will not take them into account. A positive decision is made only when the amount of alimony significantly exceeds the subsistence level or if there is strong evidence of misuse of money.

If the alimony itself is small, then there is no need to talk about spending it for other purposes. Everyone knows that the costs of maintaining and educating a child are quite high. The likelihood of a positive outcome in this case is extremely low.

If, after transferring half of the alimony to the child’s account, there is enough money left to provide him with a full-fledged education, medical care, upbringing, recreation and purchase of necessary things, then the court can decide the issue of recovery in favor of the plaintiff. All other cases are usually not subject to satisfaction.

Who can withdraw money from this account and in what cases?

If the child support payer believes that the finances will remain a dead weight on the child’s account, he is mistaken. The parent who cares for the minor has the full right to manage the funds from his current account.

The only restriction that will be established as a result of a court decision is obtaining permission to withdraw money from the guardianship authorities. Before withdrawing a certain amount from the account, the recipient must obtain their consent.

The guardianship authorities issue the mother a certificate, with which she goes to the bank and receives the specified amount. After this, the civil service will send an official letter to the alimony payer indicating the amount of funds issued and the reason for the expenditure. From 14 to 18 years of age, a teenager will be able to manage funds from the account, but only after obtaining parental consent.