Is it possible and how to pay alimony without a writ of execution?

The collection of alimony payments in the event of divorce between spouses can be either voluntary or forced if the alimony payer refuses his obligations.

If there are no disagreements regarding the collection of these payments, and a peace agreement is drawn up, then alimony is paid without a writ of execution.

In this situation, payments are withheld at the request of the employee to the accounting department.

The procedure for transferring funds for child support by court decision

In some cases, the document that serves as the basis for the transfer of alimony from the income portion of the alimony payer may be a court order, as well as a resolution of the bailiff (if the judicial authorities oblige to pay alimony forcibly).

After documents are received by the accounting department, their compliance with the requirements established for registration must first be checked. If there is an error, inaccuracy or unreadability of the lines, then such documents cannot be the basis for collecting alimony, and the accounting department should not accept them.

Accounting should calculate alimony only on the basis of the original document.

If the original document is lost, then a duplicate of it is issued by the court in accordance with the established procedure. If the document is executed correctly, the organization must immediately begin to execute it. First of all, the employee must familiarize himself with the writ of execution for signature. Then the accountant must determine from which employee payments to withhold alimony.

Based on the general rule, alimony is collected both from official income from the main type of activity and for work performed part-time.

Thus, alimony is withheld from all income, which includes bonuses, allowances, compensation for working conditions, etc. However, the maximum amount of collection should not exceed 50% of total income and 70% in the case of alimony arrears.

From what date will money be paid for a child?

The deadline for the payment of funds intended for the maintenance of a minor child is established by Art. 109 RF IC. The employer must transfer alimony within 3 days from the date of payment of wages.

This applies to payments made on the basis of a court decision. If an agreement is reached between the parents without a trial, then they set the deadlines themselves.

Often, an accounting employee faces certain difficulties. First of all, this is due to the fact that wage payments are made to employees twice a month. In this case, the question arises from what exact amount to withhold alimony as ordered by a judicial authority.

In this situation, it is necessary to follow the norms of the current law. Withholding of alimony should be carried out from the amount that closes the current month. But in this case, all income that was earned by the parent is taken into account.

Duration of the writ of execution for the collection of alimony

In cases related to alimony penalties, the writ of execution will be valid until the child reaches the age of majority, as well as for three years after the child reaches the age of majority.

In this case, the statute of limitations applies. Also, the alimony recipient has the right to revoke the writ of execution in the case where the parents have drawn up a different agreement on the payment of alimony.

However, over the next three years, you can transfer it again to the organization where the alimony payer works.

In the event of the death of the alimony payer or child, the writ of execution terminates on the basis of law.

What to do if the writ of execution for alimony is lost

There are often situations when an executive document is lost for various reasons. What to do in this situation, since it is issued only in one copy? Its re-issuance is decided only in court after the reasons for its loss have been established.

It is impossible to restore the writ of execution itself; the court issues a duplicate of it with a special mark. To restore it, you should take into account the nuance that it is necessary to apply for a duplicate of the document in the very court in which the original was issued.

First of all, you will need to submit an application, which must contain the following information:

information about the alimony recipient and alimony payer, their full name, as well as residential addresses;
information about the civil case for which the writ of execution was issued;
the essence of the court decision;
information about the FSSP, as well as about the bailiff who was involved in enforcement proceedings;
reasons and circumstances for the loss of the document;
a request for the issuance of a duplicate of the lost writ of execution, in particular the sheet.

The document must contain the signature of the applicant. The application is then examined at a court hearing.

Restoring a duplicate is not subject to state duty.

Is it possible to withhold alimony through the accounting department at the request of an employee?

It is possible to transfer alimony through the accounting department upon application only if a voluntary agreement has been reached between the child’s parents and there is no court decision.

If there is a writ of execution or other court document, then this method of collecting alimony is not allowed. Child support is obligatory withheld only on the basis of any document.

If the issue is resolved peacefully, an agreement is drawn up and submitted to the accounting department.

The agreement must be notarized. Only in this case will it have executive force.

It is necessary that the application be correctly drawn up and executed, otherwise it will be declared invalid and will not be the basis for the collection of alimony.

How to pay under a voluntary agreement through the accounting department?

Rules for filling out an application and a sample form from the employee

There are no strict requirements for the content of the application. It is compiled freely and in writing.

The application must indicate the following information:

the name of the organization in which the alimony payer is employed;
personal data (full name, passport details, date of birth, including place of residence);
amount of alimony;
method of withholding funds (by mail, bank transfer or through a cash register);
bank details of the alimony recipient;
from what date the withholding must be carried out;
signature and date of writing the application.

This statement is registered and stored in the accounting department as a strict reporting document.

What documents do I need to bring to work?

In the case of voluntary payment of alimony for accounting purposes, it is necessary to provide a statement and agreement, which must be certified by a notary. This procedure is necessary to give the document legal force.

Procedure for deducting funds from wages

The collection procedure itself consists of the following stages:

the total income for the month is determined;
personal income tax is withheld (13%);
insurance payments are deducted to the Social Insurance Fund;
From the remaining net income, the amount specified in the application is transferred to the account of the alimony recipient.

Responsibility for the timely calculation of alimony lies with the accounting department, as well as the management of the organization in which the alimony payer works.

What happens if alimony payments are transferred late?

There are situations when alimony payments are delayed. If the transfer deadlines are violated by the employer, he is responsible for this.

First of all, this applies to an accountant who, for some reason, does not transfer alimony on time.

For this violation, there is an administrative penalty in the form of a fine ranging from 15,000 to 20,000 rubles. In special cases, the fine can increase tenfold.

If a conspiracy with the alimony payer was noticed, then criminal liability is possible, providing for imprisonment for up to 2 years.

If the delay in alimony is due to late payment of wages, then the accountant is not responsible for this.

The management of an enterprise may also be punished if it has not taken measures to eliminate the delay in collecting alimony payments.

There are several options for withholding alimony, which include collection both by an executive and without him, in the case of an agreement drawn up between the parents. However, it is worth keeping in mind that the alimony payer can at any time withdraw his application and stop voluntary payment of funds aimed at supporting the child.

Payment of alimony without a writ of execution, how and whether it is possible

Every parent is obliged to financially support their children. To do this, he pays alimony - voluntarily or judicially. Is it possible to pay alimony without a writ of execution?

Grounds for payment of alimony

Parents can agree among themselves and enter into a settlement agreement in which they will write down the agreement reached regarding the amount of payments, as well as the procedure for transferring these funds.

This order is called voluntary! Withholding of alimony from wages occurs at the request of the employee himself. The application is written to the chief accountant or head of the accounting service. The statement states:

Full name and position of the payer;
Amount and frequency of payments (usually monthly);
The amount of payments is a percentage of the salary or a fixed amount;
Details for transfer;
Date and signature.

A voluntary procedure does not mean that a parent can independently set the amount to be paid lower than that prescribed in Art. 81 RF IC. For one child you need to pay a quarter of your income, for two - a third of your income, and for three or more children - half of your earnings. You can also agree that payments will be made in a fixed amount.

If the parties cannot agree among themselves, collection will take place in court.

To do this, you need to draw up a statement of claim and submit it to the court. When the court considers the case and makes a decision regarding the amount, amount and order of payments, enforcement proceedings will be opened. This is how payments are made based on a court decision.

If there is no writ of execution

The document of enforcement proceedings is proof that funds for children were paid regularly. If the parties did without a court hearing and without a settlement agreement, then the parent can independently deduct the agreed amounts.

You can do this in several ways:

By postal transfer;
Bank transaction;
Cash from hand to hand.

Important! You should always keep receipts for transfers; in the latter case, you need to issue a receipt each time. This can serve as evidence that the parent regularly pays the agreed amounts to his children.

If the document of enforcement proceedings is lost, you can get a duplicate of it. It is issued by a court or other government body that is authorized to issue such acts. This is stated in paragraph 2 of Art. 7 of the Law “On Enforcement Proceedings”.

But it may also be that a parent does not fulfill his duties towards his offspring, and he develops a debt. How to collect it?

Debt collection

To do this you need to go to court. Such a case can be considered without the presence of both parties. Based on the results, the judge will issue a ruling - a court order.

Such an order has the same legal force as a document of enforcement proceedings. It must be submitted to the accounting department so that employees of this service can deduct a certain amount from their wages.

Collection in favor of the offspring by court order occurs in exactly the same way as by a court decision, because the document precisely indicates the amount to be paid. It is set as a percentage of the debtor's salary.

The distinctive features of the order are as follows:

This is a type of ruling that is made by the judge alone, without parties to the case;
It is made on the basis of the available written evidence set out in the statement of claim;
The parties to the case are the “debtor” and the “collector”;
It can be presented as a separate document. If the case was considered with the participation of the parties, then the sheet is presented to the bailiff only together with the court decision.

Only the citizen with whom the offspring actually lives and who independently bears the financial burden of his maintenance can submit a corresponding application. It is the fact of cohabitation that is fundamental for the sole consideration of the case.

Such a citizen may be:

One of the parents;
Guardian or trustee;
Another relative who is actually dependent on the minor.

When submitting your application, you need to consider the following important points:

The order cannot be issued if the collection of alimony is associated with the consideration of a case to establish or challenge paternity;
Third interested parties cannot be involved in the case;
Payments can only be collected as a percentage of wages, but a fixed payment cannot be established;
Within 10 days after the order is issued, the debtor must not file an application to challenge the order.

If the court decides to refuse to issue a court order, it must notify the claimant within 3 days from the date of registration of the application and send him the appropriate ruling.

So, you can collect alimony in favor of a child/children:

According to the writ of execution;
By court order;
On a voluntary basis.

How to pay alimony without a writ of execution: is it possible in 2023

Russian legislation allows you to pay alimony without a writ of execution. We will tell you in this article how you can and how you should not pay funds for a child without going to court.

What is a writ of execution and who issues it?

When a child support case is heard in court in enforcement proceedings, the court first makes a decision. After this, the parties are given a month to appeal it if they disagree with something.

This is a document that allows you to contact bailiffs in order to forcefully collect money from the defendant. It, along with the application, is transferred to the bailiff service, after which the bailiffs initiate proceedings in the case and begin to collect alimony.

However, a writ of execution is not the only document by which forced collection of money can be carried out. In addition to it, there is also an agreement (agreement) on alimony and a court order. These documents, by law, are the same executive documents as the sheet.

Is it possible to pay alimony without a writ of execution?

In order to pay your ex-wife child support after a divorce, it is not necessary to wait for her to submit documents to the court.

Any father has the right to pay money voluntarily, without a court decision.

Moreover, this method of payments is more preferable, because in this case, the child’s parents independently determine their size, as well as the procedure and timing of payments.

In order for the alimony agreement not to be canceled by the court, it is important that the amount of payments specified in it is not lower than that established by law, namely, ¼ of the father’s earnings - 1 child, 1/3 -2 children; ½ – 3 or more children.

How can you pay child support without a writ of execution?

In order to start making payments, you need to conclude a contract (agreement) on alimony. This is a written document certified by a notary. In the agreement, the parties determine:

Amount of child support payments;
Terms and frequency of payments;
Calculation form;
Other conditions that do not contradict the law.

After the document is concluded and certified by a notary, it comes into force and becomes binding on both parties. Within the time period agreed upon by the parties, the payer transfers the money to the ex-wife or transfers it in cash.

How not to pay money for a child

Often in our country, money for a child is transferred by verbal agreement, without formalizing an agreement and without going to court. But under no circumstances should this be done.

The fact is that, according to the law, child support can be collected by their parent not only for the period from the moment of going to court, but also for the 3 years preceding such an appeal.

And if the payer does not have documents confirming the transfer of funds, he will have to re-pay the money for the last 3 years.

Therefore, before transferring money to your ex-wife, you need to sign an agreement with her, and give cash strictly according to a receipt.

Payments based on a court order

In addition to the payment of funds for the child by agreement, it is also possible to pay alimony on the basis of a court order.

A court order is issued by the court in cases where:

An application for assignment of payments to a minor child is submitted;
The claimant makes a demand only for the assignment of the specified payments (the application for the issuance of an order cannot contain a requirement to establish paternity, or to challenge it);
The issuance of an order will not affect the rights of other persons (the payer should not have other children, since the assignment of alimony for a younger child entails a reduction in payments for older ones).

Forced payments

If the child’s father does not pay money for his maintenance (alimony) voluntarily, then his mother has the right to submit documents to the bailiff service.

To do this, an application containing the following information is submitted to the SSP:

Full name of the claimant, his address, telephone number;
Full name of the debtor, his address, telephone number, as well as other information known about him - date and place of birth, passport details, place of work, and so on;
The name of the document on the basis of which alimony was assigned - an agreement or a court decision;
Request to initiate proceedings and collect funds for child support.

An executive document must be attached to the application. According to the law, in addition to the writ of execution, the number of writs of execution on the basis of which proceedings in the case can be initiated are:

Notarial agreement (agreement);
Court order.

Thus, not only voluntary, but also forced payment of funds for a child is possible without a writ of execution.

Payment of alimony by the organization's accounting department

If the alimony payer works in an organization, then the bailiff sends the documents to this organization for their forced retention and transfer to the claimant.

As in all other cases, money can be transferred on the basis of one of three executive documents.

Also, funds can be withheld and transferred to the claimant upon a written application from the alimony payer.

The application must include the following information:

Information about the applicant - an employee obliged to pay funds for the child;
Information about the claimant - recipient of alimony (full name, date of birth, address, telephone);
The document on the basis of which alimony was awarded;
Date of appointment of payments;
The frequency of their implementation;
The amount of payments (in the form of a fixed (flat) amount, or a share (percentage) of earnings;
Payment method: cash, postal transfer, transfer to a bank account;
Bank details of the recipient (in case of transferring money to the account);
Date of;
Applicant's signature.

Based on this statement, the accountant must begin payments. The accountant's demand to provide a writ of execution in this situation is illegal.

How to pay child support without a writ of execution

Funds for the child can be paid in cash, by postal order, or by transfer to a bank account. In all of the above cases, the payer needs to correctly process his payments.

If money is transferred in cash, then it is important to request from the recipient a receipt containing information about who and to whom the money was transferred, for what purpose (child support, indicating the full name) and for what period (month, year).

You also need to indicate on the basis of which document the payment was made (agreement, court decision).

When making a bank or postal transfer, you must fill out the “payment purpose” field and indicate in it that the money is being transferred to child support (full name), indicating the period (month, year) for which the payment is being made.

Is it possible to withhold alimony at the request of an employee without a writ of execution?

The primary responsibility of parents is to provide for their minor children. After divorce, alimony can be paid voluntarily by the parent. To do this, they need to enter into an agreement. Upon reaching agreement, they independently determine the amount and timing of alimony payments.

Many people find it very convenient when money is automatically deducted from their salaries. Therefore, payers are interested in the question of whether it is possible to withhold alimony at the request of an employee without a writ of execution.

Methods of collecting money

The question of what to do with providing for common children after divorce interests both fathers and mothers.

The methods for assigning alimony payments are prescribed in Article 80 of the RF IC. According to this norm, money can be transferred on the basis of:

A notarized agreement concluded between the parties. But this happens only at the mutual desire of the parties.
Procedural act and writ of execution (IL). According to a court order, collection is carried out without presenting a writ of execution, since this procedural act has the same force. But if the case was considered in general proceedings, then in order for payments to be made according to a court decision, you will also need to obtain an IL.

The first option for resolving the issue is the simplest and fastest, but if relations between the former spouses are strained, then the procedure for fulfilling parental obligations is determined by a competent person in court.

Any of these documents can be presented for execution. Typically, an application for deductions from the payer's income is submitted by the claimant. But the payer himself is endowed with this right. A parent can voluntarily fulfill the obligation by independently contacting the employer with a request to immediately deduct funds from the salary to provide for the child.

Procedure

If a man wants to pay on his own, without involving bailiffs, then in order for the employer to give the appropriate order, the employee must submit a written request. It does not matter whether a citizen is officially employed or not.

The withholding requirement is written in free form, but when writing it is necessary to take into account the rules of Article 131 of the Code of Civil Procedure of the Russian Federation:

The application must be free of corrections, serious errors and false information.
There must be a clear structure.
The stated request must not contradict legal norms.
The written request must include the following:
Full name of the company where the person works, as well as the full name of the director.
Information about the applicant: full name, residential address, position, contacts.
Description of the document on the basis of which interest should be withheld: date of conclusion, details of the parties, as well as the child for whom the father must pay alimony and the amount of shares.
Method of transferring funds and recipient's bank details.
Date of submission of the application and signature of the applicant.

Along with the application, the person will need to submit a copy of the passport and the original agreement, or a notarized copy. Usually the papers are submitted to the office, but they can be submitted to the director at a personal meeting. In this case, it is important that a stamp is placed on the second copy, since otherwise the person will not be able to prove the submission of the application.

Transfer order

In accordance with Art. 109 of the RF IC, the head of the company in which the person is employed is obliged to accept the application and fulfill the requirements of the applicant if he was provided with a notarized agreement or writ of execution.

After receiving the application, the documents are sent to the accountant, who will have to withhold a portion of the income. This employee must make deductions from all official income of the person specified in the list of types of wages and other income approved by Government Decree No. 841.

Personal income tax and insurance payments to the Social Insurance Fund are first deducted from the employee’s salary, after which the employee must make a calculation and transfer the due percentage to the claimant. Funds must be transferred within 3 days after payment of wages.

Company liability

After accepting such a request, the employer and the executor from the accounting department are responsible for the timeliness of transfers. The law specifies the exact period within which the transfer must be made.

If funds are systematically received late, or if a debt arises due to the accrual of an underestimated amount, the legal entity, its director and employee of the financial department will be held administratively liable.

For this offense they will have to pay a fine, the amount of which depends on whose fault the delay was. However, if the delay was caused by late receipt of wages, or for other valid reasons, then the person is released from liability.

Mother and father must fully provide for their minor children. The former spouses can resolve this issue themselves by concluding an agreement. After the document has been certified by a notary, it can be presented for execution; both the recipient of the money and the payer can hand it over.

Is it possible to withhold alimony without a writ of execution 2023

As you know, the basis for monetary transfers in favor of the recipient of alimony is an executive document (sheet or court order). But for various reasons, the executive document may be missing.

For example, the father of a minor child expressed a desire to pay child support voluntarily, so the mother did not go to court.

Is it possible to pay alimony without a writ of execution (order)? How to make money transfers correctly?

Withholding of alimony from wages at the request of an employee - without a writ of execution

After dismissal from the previous place of work, change of residence and employment in a new job, the loss of the writ of execution was discovered. Due to the move, it is not possible to obtain a duplicate from the court that made the decision on alimony.

The accountant refuses to withhold and transfer part of the salary in the absence of a writ of execution. Is it really impossible to pay child support without court documents?

A writ of execution is only one of the grounds for paying alimony. In addition, payment is possible on a voluntary basis. A sufficient basis for transferring amounts of money is a personal application of the alimony payer submitted to the accounting department.

The application must include the following information:

FULL NAME. payer and recipient of alimony;
The beginning and regularity of alimony payments (usually monthly);
Amount of payments (fixed amount of money or % of salary);
Details (postal or bank) for transfers;
Date of application;
Signature.

Note! The voluntary nature of the payments does not mean that the payer has the right to reduce the amount of alimony payments compared to that prescribed by the court. He has the right to pay more than the law prescribes, but in no case less: 25% of the salary after deduction of personal income tax - to one child, 33% - to two, 50% - to three (there are cases when up to 70% of earnings are withheld).

Alimony agreement - instead of a writ of execution

A worthy replacement for a writ of execution may well be an alimony agreement - according to Article 100 of the RF IC, it has the force of a writ of execution or a court order.

This document, drawn up and signed with the consent of the payer and recipient of alimony, contains all the conditions for the maintenance of minor children:

Regularity of cash payments;
Sum;
Transfer method;
Duration of the agreement;
Rights and obligations;
Settlement of disputes;
Postal or bank details;
Signatures.

The agreement must be certified by a notary - otherwise it will not have the legal force of a writ of execution and will not help to forcefully demand amounts of money in case of non-payment. It is enough just to contact the bailiff service with the document - enforcement proceedings will be initiated on this basis.

How to pay alimony without a writ of execution?

Alimony payers often wonder what is the best way (safer, more profitable, more convenient) to transfer funds when voluntarily paying alimony without a writ of execution?

Any transfer methods are allowed:

Postal transfer;
Bank payment to a current account, payment card, savings book - through a bank cash desk, terminal, electronic payment system, Internet banking;
Transfer of cash directly to the recipient - against receipt.

The transfer method is chosen by the recipients and payers themselves. The main thing is to take care of preserving documentary evidence of alimony payments.

It is necessary to save receipts, checks, bank statements, handwritten receipts and other documents containing information such as full name. recipient and payer, date, amount and purpose of payment (alimony for a minor child - full name).

This will allow in the future to avoid any disputes related to the possible collection of alimony for the period of absence of the writ of execution.

Is it possible to withhold alimony from an employee’s salary without a writ of execution on the basis of his personal application for withholding?

In our opinion, the law does not provide for the possibility of an employer withholding alimony solely on the basis of an employee’s application.

Is it possible to withhold alimony upon application without a writ of execution?

Note! The voluntary nature of the payments does not mean that the payer has the right to reduce the amount of alimony payments compared to that prescribed by the court.

He has the right to pay more than the law prescribes, but in no case less: 25% of the salary after deduction of personal income tax - to one child, 33% - to two, 50% - to three (there are cases when up to 70% of earnings are withheld).

Is it possible and how to pay alimony without a writ of execution?

In accordance with the Family Code of the Russian Federation, parents must support their minor children and disabled adult children in need of help.

Parents can enter into child support agreements that result in the payment of child support by one of the parties to the agreement.

If an agreement on the payment of alimony is not reached, then it is collected in court by the bailiff service.

We withhold alimony without a writ of execution

A resolution to initiate enforcement proceedings for alimony is issued after the receipt of an application from the plaintiff and a writ of execution that meets certain requirements prescribed in Article 13 of the Federal Law “On Enforcement Proceedings” . The issuance of a resolution is the initial stage of the entire procedure for collecting alimony.

Where to get and how to properly withhold alimony according to a writ of execution

In accordance with the norms of Russian legislation, the basis for transferring funds in favor of the recipient of alimony - the parent who permanently resides with the children - is an executive document. However, in some cases this document may not be available.

Is it possible to pay alimony without a writ of execution?

How to pay alimony without a writ of execution? Alimony payers often wonder what is the best way (safer, more profitable, more convenient) to transfer funds when voluntarily paying alimony without a writ of execution? Any transfer methods are allowed:

Transfer of alimony at the request of an employee without a writ of execution

Since Kostenko has no alimony debt, the deduction from wages can be no more than 50%. Kostenko should receive at least 15,000 rubles in his hands. As a result, the priority alimony obligations for the son will amount to 7,500 rubles.

(which is 25% of RUB 30,000); deduction on credit debt - no more than 7,500 rubles, so that the guaranteed amount to be received in the amount of 15,000 rubles is not affected. The remaining amount of debt under the loan obligation in the amount of (14,000 - 7,500) = 6,500 rubles.

Withholding of alimony from wages according to a writ of execution

As a rule, the amount of payments is determined based on the number of children who will receive child support. In most cases, for one child, a quarter of the payer’s income is deducted, for two, a third, and for three or more children, half of the income will have to be paid.

Transfer of alimony at the request of an employee without a writ of execution

Meanwhile, we draw your attention to the fact that the provisions of Art. 137 of the Labor Code of the Russian Federation are also consistent with the provisions of Art. 8 of the International Labor Organization Convention No. 95 of July 1, 1949 “Regarding the protection of wages.” According to paragraph 1 of Art.

8 of the Convention, deductions from wages are permitted only under the conditions and within the limits prescribed by national legislation or determined in a collective agreement or in a decision of an arbitration body.

This is a type of ruling that is made by the judge alone, without parties to the case;
It is made on the basis of the available written evidence set out in the statement of claim;
The parties to the case are the “debtor” and the “collector”;
It can be presented as a separate document. If the case was considered with the participation of the parties, then the sheet is presented to the bailiff only together with the court decision.

Payment of alimony without a writ of execution, how and whether it is possible

At the employee’s initiative, amounts can be withheld from his salary for any purpose, including alimony. The only condition: the employee must confirm his desire for voluntary retention with a written statement. The presence of a writ of execution or an agreement to pay alimony is not a condition for carrying out this operation.

Is it possible to withhold alimony without waiting for the receipt of a writ of execution?

Therefore, we believe that the employee's statement in itself does not allow deduction. It can be the basis for deductions only when such a procedure is established by a specific norm of federal law.

In those cases where the possibility of deduction from wages in favor of third parties or in favor of the employer himself is not provided for by any law, the employee’s application with a request for such deduction should not entail any consequences.

An employee, having received a salary, can use the money at his own discretion, in particular, transfer part of the salary as a voluntary payment of alimony.

In such a situation, the employer can only help and transfer the money deposited by the employee to the cash desk or bank account in favor of the third party specified in the application.

Is it possible to withhold alimony from an employee’s salary without a writ of execution based on his personal application for withholding?

for the past period can be recovered within a three-year period from the date of going to court, if the court establishes that before going to court, measures were taken to obtain funds for maintenance, but alimony was not received due to the evasion of the person obliged to pay from paying them.

Is it possible to pay alimony without a writ of execution?

The procedure for withholding alimony is determined by the Family Code of the Russian Federation.

The Family Code (FC RF), providing for the obligation of some family members to support other family members (alimony obligation), allows for the possibility of its voluntary fulfillment by concluding an agreement on the payment of alimony, to which an entire chapter is devoted (16), the very fact of the existence of which should, I think, suggest to the idea of a priority, from the legislator’s point of view, option of behavior: voluntary, conscientious, without going to court.

Withholding of alimony based on a written application from the employee

It is possible to deduct alimony from earnings only if the company has received the original writ of execution, court order or an agreement to pay alimony certified by a notary (part 1 of article 12, part 3 of article 98 of the Federal Law of October 2, 2007 No. 229- Federal Law). These documents can come either from the bailiff or from the recipient of alimony.

Tips to help pay alimony under a writ of execution

name of the enterprise;
Full name of the claimant and the alimony payer, registration address, passport details of the parties to the process;
information about the child/children;
amount of alimony;
recipient's bank account details;
start date of withholding funds;
date of filling out the application and signature of the payer.

Is it possible to withhold alimony based on an application without a writ of execution?

If there is a writ of execution or other court document, then this method of collecting alimony is not allowed. Child support is obligatory withheld only on the basis of any document.

Is it possible and how to pay alimony without a writ of execution?

Alimony at the request of the employee

In accordance with the Family Code of the Russian Federation, parents must support their minor children and disabled adult children in need of help.

Parents can enter into child support agreements that result in the payment of child support by one of the parties to the agreement.

If an agreement on the payment of alimony is not reached, then it is collected in court by the bailiff service.

The order cannot be issued if the collection of alimony is associated with the consideration of a case to establish or challenge paternity;
Third interested parties cannot be involved in the case;
Payments can only be collected as a percentage of wages, but a fixed payment cannot be established;
Within 10 days after the order is issued, the debtor must not file an application to challenge the order.

Payment of alimony without a writ of execution, how and whether it is possible

Withholding of alimony without a writ of execution at the request of the employee

An accounting specialist calculates a person’s total monthly income. The calculation takes into account the amounts of salaries, bonuses, material incentives, vacation pay, financial assistance and other types of payments and allowances.
Personal income tax (13%) is deducted from the total amount.
Payments to the Pension Fund and the Social Insurance Fund are deducted from the amount.
Alimony is calculated from the balance. The amount of deduction is stipulated by the executive document (agreement, court order or writ of execution).
The amount is withheld and transferred to the recipient within three days.

Alimony payments begin to accrue from the moment the claim is filed.

Thus, even in the absence of intent to evade payments, the citizen will receive a large debt, which will be withheld from his income for a long time, up to 70% of the total amount of income.

Is it possible to withhold alimony based on an employee’s application without a writ of execution?

In the hierarchy of legislation, the Labor Code is higher than the Instructions of the Employment Service. In addition, the Directive concerns only the payment of alimony from unemployment benefits and is not applicable to the wages of the employed population. It is dangerous to be guided by this document, despite the fact that it has been registered with the Ministry of Justice.

The grounds for withholding and transferring alimony from unemployment benefits (scholarships) are: writs of execution (in case of their loss - duplicates); written statements of citizens about the voluntary payment of alimony;

marks (records) of internal affairs bodies in passports stating that, in accordance with court decisions, these persons are obligated to pay alimony, and messages from internal affairs bodies about the presence of such marks (records) in passports.

We recommend reading: Financial assistance from the state to a young family

The written application of a person who has expressed a desire to voluntarily pay alimony must indicate: the last name, first name, patronymic and address of the applicant; last name, first name, patronymic and address of the person to whom alimony should be paid or transferred; last name, first name, patronymic, day, month and year of birth of children or other persons for whose maintenance alimony should be withheld; the amount of alimony for the maintenance of minor children in a fixed sum of money or in the amount: for one child - one quarter, for two children - one third, for three or more children - half of the allowance for unemployment, scholarships received during vocational training, retraining in the direction of the employment service; the amount of alimony for the maintenance of parents, spouses, and other persons in need of financial assistance - in a fixed amount; the date from which deductions should be made.

If these requirements are not met, applications for execution will not be accepted.

Is it possible to withhold alimony from an employee’s salary without a writ of execution based on his personal application for withholding?

We also note that in accordance with part five of Art. 136 of the Labor Code of the Russian Federation, wages are paid directly to the employee, except in cases where another method of payment is provided for by federal law or an employment contract.

However, the fact that the legislator allows exceptions to the rule on payment of wages directly to the employee does not mean that, with the consent of the employee, his wages can be transferred to any person. The Constitutional Court of the Russian Federation in its ruling dated April 21.

2005 N 143-O indicated that the norms of parts three and five of Art. 136 of the Labor Code of the Russian Federation are aimed at ensuring the coordination of the interests of the parties to an employment contract when determining the rules for paying wages, at creating conditions for the unhindered receipt of wages by the employee personally in a way convenient for him and cannot be considered as violating the constitutional rights and freedoms of citizens.

In accordance with Art. 109 of the Family Code of the Russian Federation, the administration of the organization at the place of work of the person obliged to pay alimony must withhold monthly alimony from wages and (or) other income on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution.

Thus, deductions for an employee’s alimony obligations can be made by the employer only on the basis of the above documents. We believe that the employee's statement in itself does not allow deduction. It can be the basis for deductions only when such a procedure is established by a specific norm of federal law.

Since neither the Labor Code of the Russian Federation nor other federal laws contain a corresponding norm, we believe that the employer does not have the right, at the request of the employee, to carry out the deduction specified in the question.

Is it possible to pay alimony without a writ of execution?

In accordance with the requirements of family law, for an agreement to have legal force, it must be certified by a notary office.

Otherwise, it cannot be equated to a writ of execution, which means that if any problems arise (for example, the payer does not fulfill its obligations), the other party will not be able to recover the unpaid funds.

That is, the parties to the agreement have the right to independently choose how funds will be transferred to the payee. The main thing in such a situation is to save all receipts and receipts confirming the transfer of money (receipts, checks from the bank, transfer receipts).

We withhold alimony without a writ of execution

In accordance with the Family Code of the Russian Federation, parents must support their minor children and disabled adult children in need of help.

Parents can enter into child support agreements that result in the payment of child support by one of the parties to the agreement.

If an agreement on the payment of alimony is not reached, then it is collected in court by the bailiff service.

That is, alimony can be withheld from an employee’s salary without a writ of execution if the organization has a corresponding application from the employee.

This is explained by the fact that the employee can dispose of the money he earns, including using it to pay alimony. Moreover, in this case, the amount of alimony withheld is not limited in any way (for more details, see “Writing an application for voluntary withholding of alimony (sample)”).

We recommend reading: Where to turn if street lights don’t work

Withholding of alimony at the request of an employee

The main income of the alimony payer in most cases is wages. Withdrawal of alimony payments from wages occurs in the amount specified in the writ of execution - this is a writ of execution, a court order, or a voluntary notarial agreement issued on the basis of a court decision.

If we are talking about forced collection of alimony through the court , then the writ of execution for the work of the alimony payer is sent by the collector himself or the bailiff. the employer’s accounting department monitors the monthly deduction of payments , and it also bears administrative and even criminal responsibility for the correctness and timeliness of accruals. In other words, if the writ of execution is with the employer, then the payer himself no longer has to worry about the formation of alimony debt.

When it comes to voluntary payment of alimony (for example, in the case of a notarial agreement between the child’s parents), the payer must:

or independently make the established payments;
or entrust this matter to the employer (if he is employed).

The procedure for withholding alimony at the request of an employee and on other grounds

But if the advance exceeds half of the earnings, and a large amount is deducted for alimony, for example, half of the earnings, or, in addition to child support, the person deducts money under other writs of execution, then when paying money for the second half of the month, in the absence of any kind of additional charges for a given month, as a result it may turn out that the amount that the employee should receive will be less than the one that should be withheld from him. This will lead to debt formation.

If an employee pays alimony under a writ of execution, he must do so until the child becomes an adult or acquires legal capacity under other circumstances provided for by current legislation.

Is it possible to withhold alimony at the request of an employee without a writ of execution?

The application must be free of corrections, serious errors and false information.
There must be a clear structure.
The stated request must not contradict legal norms.
The written request must include the following:
Full name of the company where the person works, as well as the full name of the director.
Information about the applicant: full name, residential address, position, contacts.
Description of the document on the basis of which interest should be withheld: date of conclusion, details of the parties, as well as the child for whom the father must pay alimony and the amount of shares.
Method of transferring funds and recipient's bank details.
Date of submission of the application and signature of the applicant.

Payment of alimony without a writ of execution

The claimant, having the writ of execution in hand, has the right to submit it to the FSSP at any time before the child reaches adulthood. In this case, IL gives confidence that alimony will be collected. What makes the alimony recipient not to contact government agencies? As a rule, this situation arises when other mutually beneficial conditions are established, for example:

The application must include a note that when transferring funds, the accounting department must indicate the purpose of the payment “payment of alimony _________ (full name of the payer) in favor of __________ (full name of the child) for ________ 20__. (billing period)".

Withholding of alimony based on a written application from the employee

Withholding of alimony can be resumed on the basis of a newly submitted application by the employee at a new place of work. In these cases, arrears of alimony may be withheld from the employee upon his application.

An agreement on the payment of alimony may provide for the methods, procedure for paying alimony and the amount of alimony payments, which cannot be less than the amount specified in the law when paying alimony for a minor child (Clause 1 of Article 81 of the RF IC). A written agreement between the child’s parents must be certified by a notary, which gives it the force of a writ of execution (Article 100 of the RF IC).

Payment of alimony without a writ of execution

When the decision to collect alimony is made, the applicant retains the right to both submit the sheet to the bailiff service and keep it. Unlike writs of execution for other debts, a “child support” sheet can be submitted an unlimited number of times and at any time until the child turns 18 years old.

The court found that Sergey P. has an official salary of 15,000 rubles, but the plaintiff’s arguments about her unofficial income were not clearly confirmed. As a result, the court recovered ¼ of all types of earnings for the minor son, which amounted to 3,750 rubles monthly.