Recovery of maintenance from the founder of the GSS

All residents of the Russian Federation, including individual entrepreneurs and members of limited liability societies, who are collectively referred to as legal persons, are required to comply with the statutory rules, and the payment of alimony is also an obligation.

Income of the Founder of the GLD

Business owners are acutely responsive to the amounts assigned for payment to children, and CEOs (Directors-General) and founders are advised to voluntarily solve the problem; in the course of the case, an agreement is signed with the prescribed procedure; otherwise, the case is referred to the court.

In order to proceed to the calculation of the amount available for payment, the income earned by the entrepreneur is studied first. Supporters are in different positions, some are the founders of the GCO, some directors, and all receive different percentage of profits from the enterprise.

The concept of the founder and the company should be separated because they are not one whole; the profits are allocated to all the organizers and the organization ' s funds cannot be spent on the payment of debts, including alimony, and the dividends received are used by the founder for his own benefit.

Commercial CBOs are based on both physical and legal persons: if the owners and founders are more than one, the profits are divided according to the specified conditions into all members of the company, which does not allow the right to claim maintenance money from such a society, and in cases where the court decides to collect funds from the organization, the arrest may be imposed only on the account of the individual participant.

By contrast, business activities imply that all economic accounts are owned by one person.

The founders of the organizations, who have not only a percentage of the total profit but also a fixed salary rate, pay alimony from both wages and interest income.

The frequency with which alimony payments are made is taken into account in the planning of the payment schedule.

Methods of retention of maintenance from the founders

The recovery of maintenance from the founders of a limited liability society is carried out in two ways:

  • Voluntary;
  • Forcible.

When a voluntary decision is made to pay the full amount on a regular basis, the parties shall enter into a notarized agreement on the basis of which the calculation is made.

In another scenario, compulsory obligations are imposed by a court decision, each enforcement is carried out according to an executive document and the paper is sent to the person who is required to pay; in large organizations, the notice is not given directly to the person, but to the accountant.

If payment is ignored, the data of the community or its representative may be handed over to the bailiffs.

How do you calculate alimony from the dividend of the founder of the GLD?

The founders of the organization receive a profit in the form of dividends under a specified agreement, which is assessed no more than four times a year; both the interest dividends and the time of payment are taken into account in calculating the schedule of capacity to pay.

The law does not provide for monthly maintenance payments; in the organization established, the defendant may act as an employee, so that the retention of amounts to pay for children ' s needs does not take into account specific circumstances, but rather as a standard procedure.

The calculation of maintenance depends directly on the income of the alimonyer, and a certain amount is deducted from the father ' s salary by the number of minors he provides.

Minimum benefits are set on the basis of the subsistence minimum in the region where the parent lives, and spouses can draw up a maintenance agreement that will satisfy both parties.

If an agreement cannot be reached on its own, the case is referred to a court of law, where the parties already rely on the judgement, which consists of several factors, the main one being the father's income.

Wages are charged once a month, dividends per quarter, and the voluntary arrangement is convenient in that the schedules and amounts of payments may vary according to the established contract.

Enforcement procedures and documents

Support is collected from IPs and the founders of OSL in one of the prescribed procedures, whether voluntary or judicial, and voluntary consent to the payment of maintenance allows for self-assessment of the amount and schedule of payments; this agreement is certified notarized; this is the optimal solution, i.e. it exempts from the collection of documentation.

In the event of an application to the court and before writing the application, the following package of documents shall be prepared:

Documents required for application to public authorities

Passport of a citizen of the Russian Federation Provide both sides
Child birth certificate
Document confirming paternity Turns out it's in the registry.
Income documents 2-NDFL report, which takes into account the last three months

How to prove that GCO makes a profit

A refusal to pay maintenance is not an exception in cases involving minors; fathers are able to devise schemes to avoid spending their own money; court orders and concealment of property from bailiffs, relatives and ex-wife are not uncommon; even citizens change their location on a case-by-case basis.

Income certificates tend to be provided in fake form to understate actual income several times, and some sources of income are not at all available for declaration, and the founders of the LA have found ways not only to understate and sometimes hide income, but also to significantly increase their own expenditure.

One common example is the way in which net profits are hidden by documenting that all revenues have gone to business development; these cases are difficult to detect legally; and it is impossible to influence the investment in the business.

There is one way to produce a reasoned judicial evidence: to apply to the tax office; to respond to a request from the FISS will reveal the present state of affairs regarding the income earned by the founder; you can also obtain a salary certificate from the organization's director in the accounting department.

Loss of business – How to Be With Maintenances

Not every enterprise is able to make a profitable start-up and to generate a stable income that is distributed to all the company ' s needs as well as to cover dividends; the enterprise can be a loss, with profits that do not cover costs and production costs.

What to do about it? In the absence of finance, the dividend payments are subject to real income. For example, the founder's wages. The most unpleasant scenario is that the founder has no pay because he is not a member of the state of the enterprise, and therefore the payroll is minimal.

What if the alimony guy refused to get the dividends?

The decision to pay maintenance is deemed to have been executed when the person appointed has been paid the amount set, and the dividends under the law must be paid before the expiry of 60 days from the date of the decision.

The person to whom the dividends are intended has the right to apply within three years for payments that are not received on time, and some enterprises decide to extend this period to five years, after which the dividends not taken by the intended person shall be returned to the business.

No alimony is awarded to persons who have not received a dividend, and if the maintenanceer voluntarily refuses to receive such a form of profit from the enterprise, the fact is documented.

Such a statement shall be made by the accountant, but in no case shall a citizen be exempt from the payment of maintenance.

It is simply a person ' s obligation to take funds either from personal funds or from another source of income.

Additional nuances

The income list of the parent, especially if he or she is a legal person, must be taken into account.

In order to recover maintenance from the IP or the founders of the CBO, all the income that the entrepreneur receives is taken.

Since recently, accounting has been done with the cost of business, as opposed to the previously developed accounting plan with the exception of expenditure.

Some entrepreneurs, starting with the development of a business or company, achieve a level of good competitiveness, and the income of such legal entities fully covers the costs in excess of the difference, without zero earnings.

But the more income becomes available, the more money needed to be allocated to the dividends for maintenance payments.

In the event of such a situation, the legislature decided to review the order for the allocation of the amount to be paid.

For example, in the maintenance case, such arguments were presented by the court: the calculation of the amount to be recovered took into account only the income and expenses that had been documented, i.e. the actual situation was real, as shown by the current financial situation of the IP, the entrepreneur or the founder of the PLO, and attention was also drawn to the taxation system, which records expenditure and income.

Indicators that are important for the maintenance base:

  1. The costs, as documented, are justified economically.
  2. To prove that the costs are economically justified, the parent has to be self-sufficient, it is in his direct interest to reduce the amount of the benefit provided. An example is the purchase of real estate, depending on the purpose of the acquisition, for business or for personal use, is the amount of maintenance ultimately determined.

If the parent uses simplification (tax system), all costs should also be documented and accounted for by accounting.

Features in the calculation of the maintenance base:

  1. The maintenance base is based on the payment of taxes that the company is required to pay to the State budget.
  2. The improper preparation of the database has punishable consequences, as such acts are considered a violation of the rights granted by the Constitution to legal persons.

As a result, it can be stated that a fair decision in determining the amount of maintenance for payments is possible with timely record-keeping and economic justification.

A statement is given on the total amount of taxes paid and the tax rate paid to the individual; a declaration is made standard, using the form 3-NFFL; the cost transactions are supported by a record in the income and expenditure register.

Information approved by law can be obtained from the Family Code of the Russian Federation, the Law "On Societies with Limited Liability" and from the study of Government Decision No. 841.

Support from the founder of the GLD: dividend, director

Any parent who has minor children who do not live with him after divorce will have to pay alimony.

The proposed material discusses the manner in which payments are made in such a situation, taking into account the requirements of the law, how to proceed in the event of the maintenance provider ' s evasion and other related circumstances.

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Founder or Director

First of all, it is necessary to distinguish between the founder or director, which is different, although one does not automatically mean the other:

  • The founder of the organization does not always serve as director;
  • The director is an employee like the others and is subordinate to the founders.

The founders often become directors in the enterprises they set up, in which case this should be taken into account in determining the manner in which maintenance is paid.

Recovery of maintenance by agreement

If dividends are the only income of a person, it is not always possible to establish the exact amount of monthly profits in order to determine the amount of maintenance that is expected, and in such a situation the amount of income often fluctuates, thus creating a risk of unstable child maintenance.

A convenient tool for resolving contentious issues and achieving fixed payments is the conclusion of an agreement specifying the amount of maintenance. There are two possible ways:

  1. For the debtor, it is possible to pay a smaller sum of profit if the enterprise is successful, for the recipient it is guaranteed permanence; the amount depends on the agreement.
  2. Another option is to determine interest on GLD profits by moving once a quarter as dividends become available, but this is not always acceptable: there is no guarantee that the business will have a stable income rather than a loss.

To a large extent, the integrity of the payer makes it possible to avoid such problems, often in cases where alimony is not paid at all and the result of recovery through court is zero.

Maintenance payments in a firm amount

The law clearly defines cases in which the amount and manner of the assignment and payment of maintenance are not dependent on the profit of the person for whom it is established:

  1. When a citizen does not receive regular income.
  2. If the profits are not determined by money and in kind or in foreign currency.
  3. In the event of a total lack of profit.
  4. When the assignment of a contribution, as part of the earnings, results in a violation of the rights of the recipient or payer.
  5. If there are more than one child in the family and they are separated in a divorce between the parties.

When a fixed size is determined, account shall be taken of:

  • The need to maintain the level of contributions as much as before their appointment;
  • The average salary per country, if no maintenance was previously withheld as part of it.

In addition, the court shall take into account the material situation of the parties to the proceedings and the family circumstances of the parties.

Maintenance from the GLD owner

If the parties were able to agree, the retention of maintenance from the founder was voluntary; otherwise, the alimonyer would be forced to pay it.

Government Order No. 841, adopted in July 1996, requires alimony to be paid from any kind of income of a citizen, including disability benefit, earnings, pension, scholarship, etc., including income from the company ' s work or from securities.

The founder of the OS does not always receive wages, so often the only official income is the dividends distributed to the founders on a quarterly basis, in accordance with the provisions of article 28, paragraph 1, of FL No. 14, regulating the operation of such societies.

But sometimes this kind of income is not available because of the organization ' s loss, in which case there can be no decent monthly maintenance, and there is also a contradiction with the requirements of article 81 of the Russian Federation, which sets the monthly payment once a month.

As a possible way out, the fixed-sum agreement described above.

Maintenance from the Director of the General Assembly

The founder often combines in one person the position of director of the enterprise he created, sometimes the entire organization consists of only one person who established the firm, and the position of director general or other is required for someone to sign contracts and other documentation.

In the event of such a combination, a person shall receive the following types of income:

  1. The salary for the post of director; according to article 21 of the Labour Code, it may not be fixed below the national minimum limit.
  2. Benefits of the organization ' s work.

The second case was mentioned above: the procedure for the recovery of maintenance from the salary of the Director of the General Service is similar to any other salary.

If this is the case in court proceedings where maintenance payments are made out of earnings, without a fixed amount on dividends, if the balance is negative, the child does not always receive decent maintenance.

Their payment would be more effective in the form of a fixed amount fixed by the court, given the minimum monthly monthly wage for the country, about four to five thousand, which would be much more beneficial for the child.

Given that it will be supplemented by a portion of the salary from the Director's post, this option is optimal for the recipient of the maintenance payment.

In fact, entrepreneurs often hide the true value of an enterprise ' s profits by factoring part of the income into veiled costs and artificially understate the salary, so as not to pay the full amount of alimony required by law.

About the income of the founder of the ooo

Refusal to pay alimony is common, in order to avoid this obligation, by abusive parents:

  • The executive records of court decisions are ignored and debtors hide from former spouses and officials engaged in the enforcement of debts;
  • Depreciation or complete concealment of real profits without declaring all income earned.

Often, the company ' s profits are not shown as dividends, but are invested in further business development: the entrepreneur does not lose his or her money without paying maintenance; this does not mean that the founder does not have any income from his or her activities.

In such a situation, in order to ensure the child ' s material well-being, it is necessary to prove in court that the actual outcome of the company ' s work is not as bleak as the founder has shown in order to avoid parental responsibility.

If it is established that the company does not make any profit, the contributions are based on the average wage in the area where the payer lives, but this is not allowed if the SLD pays the maintenance worker ' s salary.

It is not necessary to confuse the founder with the company he has established. Affiliations are not withheld from the U.S., his budget is not fully owned by the organizer, but is distributed equally among all owners. In such a situation, it is not possible to seize the company ' s bank assets for failure to pay maintenance.

Pay attention!Maintenance is not recovered at the expense of society, but only from the dividends paid to the payer.

Another situation, if not a legal person registered, is an individual entrepreneur, and various measures have been taken, including the seizure of property.

How to calculate alimony in percentage terms

According to article 81 of the Russian Federation, maintenance payments are made as a percentage of earnings, taking into account the number of children for which they are intended:

  • If the child is one - 25 per cent;
  • Two - one-third;
  • Three, etc. - half the income.

This calculation is not dogmatic. The amount may vary from one side to another if there are valid arguments.

  1. A reduction in payer's income.
  2. A severe disease that requires a serious cost of treatment; this is a good reason for either side.
  3. There's another child's alimonyist.
  4. Problems with the regular employment of the recipient due to the need to care for the child; in such a situation, it is permissible to require additional maintenance for the parent.

The grounds listed need to be documented by submitting to the court a certificate of income, a certificate from a medical institution containing medical checks and medical prescriptions, a certificate or a certificate from a maternity home certifying the birth of a child, etc.

How do you calculate alimony from the dividend of the founder of the GLD?

In contrast to the maintenance paid by the retention monies, the dividends are paid not monthly, but quarterly, as the profits are realized, as determined by the meeting of the founders of the company; they distribute the profits, if any, to the founders.

If the consignee is able to negotiate with the payer, a fixed monthly amount, determined by the signed parties and notarized agreement, shall be fixed.

What if the organization does not pay alimony

In the event of non-payment of maintenance, it is necessary first to clarify with the management of the company the reason for the non-payment of maintenance, often due to:

  • Unfairness of the organization ' s accounting service;
  • Temporary financial difficulties;
  • the confusion in the accounts and others, not always justified but understandable.

It is recommended that the application be registered in writing with the company and that a copy or a second copy be kept with the entry number and the date of receipt of the application.

If the appeal has not had the desired effect, the public executive must be involved, the bailiffs will help to obtain payment and the perpetrators will be punished in accordance with the established procedure.

Model application to the organization for non-payment of maintenance

Such a statement shall be drawn up in accordance with the general principles of business practice:

  1. The hat indicates the position and FIO of the company's head, the company's legal address, then the identity and residence of the caller, the contact number.
  2. The text refers to the judgement, indicating the date of its transfer to the GCO, the nature of the problem, the amount of the debt and the requirement to resume transfers.
  3. A list of the annexes (copies of the executive lists, etc.) is provided.
  4. The applicant shall sign and mark the date of the writing of the letter.

It has to be written in a strict business tone, without the influence of emotion. The general form of the document is arbitrary.

How to prove that GCO makes a profit

In order to prove that there has been a profit from the operations of the GCO, an analysis of the tax and accounting records must be carried out; this must be done by specialists in order to ascertain the true state of affairs.

It is recommended that the tax service be contacted because there are data on the level of the organization ' s income.

In practice, if the founder sought to hide the real income, it would be difficult and almost impossible to find the fraud, and it would be desirable to negotiate with the alimony payer on a voluntary basis.

In conclusion

As can be seen from the proposed material, there are several options for retention of maintenance from the founder of the GCO and, in accordance with the requirements of the law, contributions must be withheld even if they are lost to the organization created by him or her and there is no other stable income.

Maintenances from the founder of the organization

Some people don't work, but they have business income, and they don't have to do it directly. For example, a person can be the founder of a limited liability society and get a share of the profits of a given society. So, let's see if alimony is kept from the founder of the CBO.

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To begin with, it is worth noting that the founder of society and the society itself are not the same.

While the enterprise ' s profits are distributed to the organizers in the form of dividends, the account and funds of the enterprise do not meet the obligations of its founders, including maintenance.

A limited liability society is a form of establishment of an organization that engages in commercial activities, and natural persons may be the founders of such an organization.

Civil law establishes that the founders are the owners of society, including its profits.

So the profits of society are the income of the founder from which alimony is allowed to be retained.

So you can't get alimony from the CBO, for example, you can't seize the accounts of an organization that is founded by the payer, but if the payer is an individual entrepreneur, it can be recovered from its business accounts.

Thus, the dividends derived from society ' s activities are the sole income of the founder; they cannot be paid more than every three months.

However, the founders often hold key positions in the GLD, in which case they also receive salaries, which are also taken into account in calculating the amount of maintenance; for example, the Director of the GCO holds alimony on both dividends and wages.

Thus, the income of the founders of society can be varied, so it is necessary to look into the way in which the content is calculated.

Support from the income of the founder of the GLD

As already stated, the income of the founder of the organization is a dividend that is paid to him not more than once every three months; therefore, the retention of funds from such dividends should take into account the frequency of income generation.

From the salary of the founder, who works for the GCO himself, the amount of the maintenance shall be kept in general order, depending on the manner of retention. Thus, the law allows for the following means of retention:

  • as a share of income;
  • As a sum in firm terms.

The manner and amount of maintenance payments may be determined by:

  • The agreement of the parties;
  • By a court order.

The amount of maintenance is to be kept on a monthly basis, for example, with pay, it is clear that the amount is to be kept on a monthly basis in accordance with the fixed amount.

The dividends are paid every three months, and the dividends are also withheld on a monthly basis, but on the day of payment of the dividends, whatever the frequency.

For example, if a six-month payment interval is established in society, the amount of the maintenance will be withheld for six months.

Maintenances by agreement

The Agreement is considered to be a convenient tool for regulating the relationship between the parties to maintenance relations.

When a person does not work and lives on dividends alone, they can enter into an agreement and set a fixed rate of payment for each month.

Or it can be established by agreement that a percentage of the dividends will be retained as the content; retention takes place immediately at the time the dividends are paid.

However, in the situation of dividends, it is also possible that they are simply not paid; the organization does not always have a successful business activity; for example, if the GCO does not have a profit, the payer will be forced to pay the percentage of the average salary across the country.

Maintenances in percentage terms

Maintenance is defined as the percentage of the payer ' s income, the amount of which depends on the number of children; when the parties have not made a payment contract, they are tied to the payer ' s salary in the following shares:

However, this is not a fixed size; it can be increased or reduced by the courts, but it requires good reason; for example, the financial condition of the maintenance worker can be used to reduce payments.

For example, if a child suffers from chronic illness, is disabled, etc., the court may increase the amount of the payment.

Maintenances in a firm amount

The Act establishes the following list of grounds on which maintenance may be recorded and not tied to regular income:

  • The person has no regular income;
  • a person has income in kind, in the currency of another country;
  • When the person has no profit at all;
  • If the designation as a share of the salary violates the rights of the parties;
  • When each side has children.

The determination of the fixed size to be considered shall be based on:

  • The need for children to retain the amount of maintenance that was provided prior to the firm amount;
  • From the average salary for Russia, if maintenance was not previously paid as a share of salary.

The court also has the right to take into account the other circumstances of the parties ' material and family situation.

Recovery of maintenance from the founder of the GSS

Maintenance may be recovered from the founder of the society on both a voluntary and a compulsory basis; if the obligation to pay maintenance is voluntarily fulfilled, the parties are most likely to make mutual payments on the basis of a notary agreement.

In the case of compulsory enforcement, the rules of performance are determined by a court order; however, when the payer fails to comply with the order, the enforcement shall be carried out on the basis of an executive document.

This executive document should be sent to the person directly responsible for the payments, usually the organization ' s accounting.

However, the recipient has the right to send such a document and bailiffs; this is usually the case when the society does not pay the dividends; in such a situation, they collect the money of the payer as well as the property.

Thus, alimony is withheld from the income earned by individuals as the founder of society, taking into account the specific manner in which dividends are paid in the organization concerned.

Maintenances from Founder and Director of GLD

Maintenance with CBOs is subject to the current rules of the UK. Maintenance payments and their form depend on who the payer is; the procedure is governed by family and civil law.

Form of recovery of maintenance from the founder

The most convenient form of recovery from the founder is fixed alimony in accordance with article 83 of the Russian Federation. This is beneficial to the claimant if the maintenanceer ' s earnings are small and unstable.

When a payer gets a steady high dividend, you can go in two ways:

  1. To enter into a maintenance agreement, together with it, determining the amount of monthly payments.
  2. The court will be guided by the material position of the parties, the subsistence minimum (PM) and the child ' s needs in determining the amount of the payments.

Form of recovery of maintenance from the Director

The Director of the PLO is an employee under a contract of employment and is paid monthly and earned in two parts: advance and salary; maintenance is paid once a month, but it can be recovered from each part of the salary.

The Director of a legal entity may confirm his or her income, so payments are usually recovered as a percentage of:

  • 25% per child;
  • 33% by two;
  • 50% for three or more children.

Example of retention of maintenance from the Director of the GSS:

The payer earns 50,000 rubles a month after deducting NPFL and insurance premiums, and the alimony is paid for two children.

50,000 x 33% = 16,500 rubles.

How are payments from the Founder and Director of the PLO calculated?

A free legal consultation will answer your question in five minutes!

In order to understand the issue, it is necessary to examine the composition of the CBOs: this society recognizes a legal person who has a founder and director-general structure; the Creator can be one, and he appoints himself and a leader.

An example of a maintenance payer acting as founder and director:

The citizen has opened the CBO, where he is the founder, and has appointed himself as CEO, who is paid according to the rules of the CT of the Russian Federation.

In the recovery of a minor ' s payer ' s position, the following are important:

The dividends are calculated every 3 months and may be paid quarterly as a percentage of earnings or on a fixed monthly basis.
Works under an employment contract. Wages are paid every 15 days, not less than the SMIC.

There may be another option, where the founder is the director at the same time, in which case the claimant has the right to claim mixed alimony: in shares, the money will be paid from wages, in a fixed amount, from dividends.

The dividends are an unstable form of income, which gives rise to the retention of maintenance in the TDS under article 83 of the UK. Regardless of the tax system applied, it is problematic to determine the returns of the SLD, so it is best for claimants to claim fixed payments.

Sometimes the founders don't get the dividends at all, and then the alimony for the payer is calculated on the basis of the average earnings across the country.

Example of calculating maintenance from the founder ' s share:

The principal's share of the state capital is 49%, and the company's profits per quarter are 3,500,000 rubles after the NDFL deduction. Alimony is paid for one child (25%).

The earnings are determined according to the share in the fixed capital:

3,500,000 x 49% = 1,715,000 roubles.

1,715,000 x 25% = 428,750 roubles.

Time and manner of payment

The time limits for the payment of payments ordered by a court are determined by articles 81 and 83 of the Code of Criminal Procedure, which state that funds must be received on a monthly basis; the payment of maintenance under an agreement is an exception; article 99 of the Code states that the parties have the right to determine the time and procedure for payment.

How are alimony paid on the performance sheet:

  1. The IL is sent by the payer to the bailiff or to the employment organization of the payer, if he is the director.
  2. Money shall be received in the account of the claimant not later than 3 days from the date of payment of the salary.

The payment of maintenance under the agreement shall have its nuances:

  • The payer and the recipient shall independently determine the form of maintenance and the manner of payment: monthly, quarterly, annually; the transfer of property to cover maintenance obligations is permitted.
  • The form of maintenance may be any: fixed, equity, mixed.

The drafting of a peace treaty is a good way out when the payer is the founder, the CEO, or a combination of two positions. The main condition is mutual agreement and notarial assurance.

Recovery from Founder or Director of GLD: step-by-step instruction

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In case of disagreement, alimony must be filed with the court according to the following pattern:

  1. The plaintiff is the payee, the defendant is the payer, the plaintiff himself completes the claim and makes the claim, and it is not the duty of the court's employees to assist.
  2. The court has five days to accept the action with the documents for trial, which is followed by a determination and the date of the first hearing.
  3. Consideration of the case: The maximum period before a court decision is 1 month.
  4. Decision-making: After the entry into force of law, the IL shall be issued and handed over to the applicant.
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Where should I go?

Under article 9 of the Criminal Code of the Russian Federation, claimants in maintenance cases may, at their discretion, decide with the court to file a claim, whether at their place of residence or at the address of the defendant's registration.

The defendant is not an enterprise but a particular founder or manager; the SLD is not liable for the personal debts of the participants.


In the event of an application to a court, the following shall be granted:

  • Statement of claim;
  • The plaintiff ' s passport;
  • Child birth certificate;
  • A wage certificate;
  • checks and receipts confirming the costs of the minor.

It is also important to know: How to reduce alimony at the birth of a second child?

Secretary of State

The State order for the recovery of maintenance amounts to 150 rubles, in proportion to the number of children on whom they are being taken, and the plaintiffs are exempt from payment, and if the claim is settled, the defendant shall pay the fee.

Contents of the statement of claim

The uniform form of action is not established by law, but it must comply with the content requirements of article 131 of the Code of Criminal Procedure of the Russian Federation.

  • Name of vessel;
  • FIO, date of birth, address of the plaintiff ' s registration;
  • FIO, date of birth of the defendant;
  • The date of dissolution of the marriage, the defendant ' s absence from the maintenance of the child;
  • A claim for payment in a fixed amount or as a percentage of earnings;
  • Information on the monthly cost of the child: fees for education, clubs, clothing, etc. (optional but desirable to substantiate claims).

The date of writing and signature shall be placed at the end.

Recovery of maintenance from the founder of the GLD: dividend, judicial practice

If the maintenance worker is the founder or director of the DHS, it will be difficult to determine the amount of his income to recover the maintenance payments; the organization may not receive any profit and the child will eventually be deprived of material support; and consider how maintenance is recovered from the founder of the DSS.

Basic information

The founder of the OS is a person who has transferred money to form the statutory capital of the future organization, and who, in the end, acquires a share in the statutory capital, which gives him the right to receive a share of the net profits of the organization according to the share of capital that he has transferred to him.

In order to calculate the net profit of the enterprise on its income, all expenses that include the employees' salaries, taxes, transfers to the RPF and the FSB, fines, expenditure on the purchase of equipment and materials are deducted; the balance represents net profits – it is divided among the founders according to their share in the capital stock.

It is not always the case that the founder of the enterprise works as a director, and the director is subordinate to the founders.

Maintenances from dividends received by the founder

These payments are recovered from the payer's salary and other income. When the founder is not the head of the U.N., he has not entered into a labour relationship with the company and has not received a salary. In this situation, his income is paid dividends.

The problem is that the dividends are constantly changing, sometimes the founder doesn't get them for months.

The dividends are distributed to the co-founders at a maximum of 1 times every 3 months, but if the alimony is fixed as a percentage of the income, the alimonyer must pay the child every month.

It is recommended that the claimant of maintenance should choose to establish the payment of a firm sum of money.

Maintenance from the Director ' s income

In some situations, the same person is the head of the PLO and its founder, as well as the only employee of the organization.

If the maintenance worker has the authority of the director of the enterprise, he or she must have an employment relationship and his or her wages must not be lower than the SMIC (11,280 roubles for 2023).

In the absence of a contract of employment, he runs the risk of being subjected to penalties by the labour inspectorate.

In addition to the salary, the director also receives dividends, and if co-founders are present, some of the profits are earned by him.

Not all directors provide reliable information about their salaries and dividends. Such persons have the opportunity to reduce real wages, increase the costs and expenses of the organization. As a result, the director can receive about 10,000 rubles without profit.

It is difficult to prove that, in reality, the organization earns large profits; this will require recourse to the courts by providing evidence of the fact that the company is actually on the plus side.

Maintenance from a subordinate ' s salary

If an accountant is employed in an enterprise, he or she is responsible for the payment of maintenance from the employees ' earnings.

The basis for the retention of funds is the original (not a copy) of the execution sheet or a certified notarized agreement; maintenance is collected within three days of the date of payment of the subordinate ' s salary.

If the deadline is not met, the accountant risks administrative liability.

In the absence of an accountant or the establishment of an OA by one person (the sole employee), alimony is given to him or her under the terms specified in the agreement or the performance sheet, and he or she must have the proprietor ' s proprietor ' s proprietor ' s name when the funds are transferred by post or bank transfer.

Procedure for the recovery of maintenance

Parents are encouraged to agree on their own and to sign a voluntary maintenance agreement, in which case they choose to transfer the child ' s money:

  • The amount of maintenance;
  • The frequency of remittances;
  • The option of payment of amounts, whether in cash or through postal, bank transfer;
  • Fines for late payments;
  • The reason for the termination of the agreement or the continuation of the instrument after the child has reached the age of 18.

The agreement is drawn up in writing and certified by the notary, and if the alimonyer avoids his or her financial obligations without justification, the recipient is entitled to send the document to the representatives of the SPF.

If it is not possible to reach an agreement on its own, the party concerned must submit a claim to the Court of Justice for recovery from the founder of the PLO maintenance, which must include such information:

  1. Name of the vessel, address of its location;
  2. Information on the plaintiff and defendant: FIO, address of residence, contact information for communication (telephone number, e-mail);
  3. A description of the circumstances of life: date of registration of the marriage and its dissolution, date of birth of the joint children, including their FIO, current address of the minor ' s residence, information on who provides them;
  4. The financial and family situation of parents (employment, wages and other sources of income, other persons in need of material support);
  5. The amount of maintenance required, the particulars of the transfer of funds;
  6. References to legislation;
  7. Request for alimony;
  8. A list of the documents to be applied;
  9. Date on which the claim was filed in court, signed by the applicant.

The documentation package includes photocopies of the parties ' passports, children ' s birth certificates, marriage certificates or divorce certificates, and copies of the statute and the EGRUL extract, as well as documents that confirm the monthly cost of the minor.

Thus, the plaintiff's task is to prove in court that the founder of the CBO has sufficient income to pay maintenance in that amount.

Amount of maintenance

The amount of money depends on the number of children: 25 per cent of the maintenance worker's income, 33 per cent for two children, and 50 per cent for three or more children.

But jurisprudence shows that, in some situations, the way in which maintenance is paid as a percentage of the income violates the legitimate rights and interests of the child.

For example, if a document-based organization incurs losses without profit, alimony from dividends is not recovered.

As a result, a child may receive between 1,000 and 2,000 roubles from the maintenance worker ' s salary, which does not satisfy the needs of the minor, but is also in accordance with the law.

There are other options for recovery of maintenance.

  1. In a fixed amount, which depends on the subsistence minimum set by the parents in the region, the amount of maintenance increases when the rate increases, and the amount of maintenance payments does not change when it is reduced; usually, the court sets alimony at a minimum of 4,000 roubles.
  2. In a combined way, it's a percentage of the income and the amount recorded. To recover maintenance from the CEO, it's the best way to do it. The percentage of maintenance will be recovered from a fixed salary, and the firm amount will be recovered from a non-permanent dividend.

If the financial and/or family situation of the recipient of the funds or of the maintenance provider has changed, both parties are entitled to apply to the court for an increase/decrease in the amount of maintenance.

Procedure for non-payment of maintenance by the organization

The first step would be for the recipient of the funds to visit the organization and find out why the payment of maintenance was delayed.

If the delay is due to the GLD accountant, his management, this indicates that there is no intentional evasion of the alimony accountant ' s financial obligations.

The exception is the situation where the founder and director of the institution are the same person, who is the only subordinate to the CBO.

The party concerned must draw up a declaration of non-payment of maintenance, specifying the following:

  1. Manager ' s information: organization ' s name, FIO ' s address;
  2. Recoverer information: FIO, address of residence, contact details for communication;
  3. Information on the judgement: the date of entry into force of the decision, the details of the execution sheet, the amount of maintenance, the date of transmission of the document to the accountant;
  4. The period of time during which the alimonyer did not pay the money;
  5. Request to retain alimony from the debtor by calculating and paying the debts and to bring those responsible to justice;
  6. Reference to the FSPB ' s referral in the absence of a response to the application;
  7. A list of the documents to be applied;
  8. Date of the application, signature.

The application is accompanied by a copy of the execution sheet as well as a copy of the application for retention of maintenance payments and the dispatch of the execution sheet with a note of acceptance.

If the organization has not responded to the application, the applicant should seek the assistance of representatives of the SPF, and the authorized persons will begin to inspect the organization and, if necessary, bring it to administrative responsibility.

Recovery of maintenance from the founder of the GSS Reference to main publication
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