Model application for retention of maintenance from salary

At present, the divorce of parents with a joint child is not rare.

Usually, when the children are separated, they stay with the mother (beyond the father), which does not relieve the other parent of his or her obligation to support his or her son or daughter.

The means for the maintenance of their child are referred to as alimony, which is paid voluntarily or by force (in the case of a court decision).

Should an employee write?

The deduction from the salary of alimony payments shall be in the amount indicated in notarized or judicial documents.

Ground for withholding money from wagesThe workers are:

• certified by a notaryMaintenance agreement, concluded between the payer and the recipient of maintenance (art. 99, 100 UK);
• Executive listissued by a judicial authority on the basis of a court decision (order) on the recovery of maintenance (art. 109).

Having agreed to pay alimony voluntarily,The employee applies to the company ' s bookkeeping office for an application..

The voluntary nature of the treatment allows the retention to be changed or stopped altogether.

If the executive document is transmitted to the organization by the bailiffs,No statement is required.

1. Owing to the heavy workload of the SPF, the recipients of maintenance apply to the debtor ' s employer on their own.
2. In this case,The amount ordered by the court shall not be set aside or adjusted.
3. The staff member ' s own request for maintenance without a supporting document (execution sheet, notary agreement) is not authorized by the accountants, even if a written request is made by a colleague.
4. There are situations where a parent has an interest in paying maintenance through a firm ' s books so as not to independently track the transfer of money, the accumulation of debt, and the indexation (in a fixed amount).
5. The case is one of mutual agreement between the spouses, the conclusion of a notary agreement and the consent of the parent to support the common child.

How do you write the text?

The application shall be made at random with the following mandatory references:

• Name of the enterprise where the maintenance worker is employed;
• debtor data:: FIO, passport information, registration address;
• Information on each child (if more than one): FIO, date of birth, address of the propiska;
• valuemaintenance retention in the form of a fixed amount or a percentage of earnings;
• Method of payment of retention monies: postal, cash through cash, bank transfers;
• Deadline for payment of retention monies;
• Date of applicationand the employee's signature.

In the statement, too, it is necessaryPlease specify the articles of the SC of the Russian Federation(arts. 100, 109, 117) indicating the conditions for the payment of maintenance.

Annex to the declarationThere is a document confirming the need for retention, the birth certificate of the child, and the details of the account of the recipient of the sums.

Important points

1. Companies ' accountants take the performance of retention duties very seriously.
2. Where violations of the law are found, the responsible persons may be held administratively or criminally liable, accompanied by penalties and suspension from office.
3. If a worker pays child support, it will not be possible to recover the debt owed to the employee ' s business.
4. In accordance with the legislation of the Russian FederationOne-fifth of the earnings can be retained.

Most recovery is permitted if this is provided for by law; maintenance for one child is equal to 25 per cent of the debtor's income; for two children, one third of the earnings; and for three to 50 per cent.

• By paying alimony for at least one minor, the retention of the employee would already amount to one quarter of the debtor ' s salary.
• Once the amount of maintenance has been recovered, the limit of the retention monies is considered to have been exhausted,No additional penalty is allowed.
• The voluntary transfer of money by the parent is a more reasonable method to avoid litigation and disputes.

Noteworthythat the best way to transfer funds is to transfer money to a bank account, not personally.

In this case, the certificate of voluntary maintenance is always evidence in court, which would preclude the possibility of a second spouse filing a claim.

In a situation where the accounts have received executive documents on or after the date of the professional ' s dismissal,The executive list is returned to the MTSP with an accompanying letter,where the new place of work is indicated (if information is available).

Application for payment of maintenance to accounting: sample for retention of money from wages

Maintenance obligations may be performed in a variety of ways; the payer may hand over the money in person if he does not do so, the bailiffs shall keep the regular retention, and the employer may also retain the share of wages by issuing the necessary order to the accountant.

If the retention of maintenance is to be carried out by the latter means, an application must be filed; a model application for retention of maintenance can be downloaded from our website; it will help to avoid errors and inaccuracy in the execution of the obligation of maintenance of minors by the employer for the employee.

Necessary documents

In order for the employer to be able to retain part of the employee ' s salary, one application is not sufficient.

• The document on the basis of which the recovery takes place;
• The claimant ' s payment details, such as the bank statements of the wife receiving the child ' s money.

The props are clear.

• The name of the bank;
• Account number;
• Special banking codes: BCF, OCATO, etc.

What documents may constitute grounds for the retention of a staff member ' s income? These are standard forms on the basis of which the maintenance obligation is established.

• An agreement on voluntary payment of child maintenance funds, notarized;
• An order issued by a judicial authority;
• An executive list.

It should be noted that an application for maintenance is an agreement to pay a portion of the money in the interest of the son or daughter, not only from the salary, but also from certain other types of income: bonuses and benefits; a complete list of the income from which retention is possible is established by Government Regulation No. 841 of 1996.

Who and how the retention is carried out

Strictly speaking, an application for maintenance is only necessary when the obligation is voluntarily discharged on the basis of an agreement made with the notary.

If there is an executive notice, the employer does not have to wait until the employee has submitted any application.

An application must be made by the recipient of the funds; if the debtor has received an executive notice, the payment must be made, otherwise the owner of the company may be held liable for non-payment; an action may be brought before the court.

Upon receipt of an application for retention of maintenance, the head of the organization must issue an order for retention of maintenance from wages and other admissible income earned by the maintenance worker at work, which is transmitted to the accountants and tax accountants to the accounting department.

Thus, on the basis of an application for retention of maintenance from salary, an order from the head of the organization and an executive document, maintenance is paid.

The issuance of the order in question is not necessary if there is an executive record; the existence of an executive document already indicates that the employer is obliged to retain the funds; this has been ordered by the court, and the judgement has the force of law applicable to the parties to the case.

How do we calculate the funds?

1. All compulsory payments - taxes, contributions to special public funds, etc. - are deducted from income.
2. The balance of the funds shall be deducted from the share established by the executive document or from the firm amount agreed upon by the spouses.

The amount of funds retained from the staff member shall be obtained in a manner convenient to the minor ' s representative:

• Hands in cash through accounting;
• Postal translation;
• A bank transfer with a card deposit.

As a rule, payments are made precisely by transferring maintenance to a card; first, it is the most convenient way, given that the online banking is already well developed; secondly, there is always evidence that the payment has been made, the money has been transferred; however, there is nothing to prevent the transfer of funds through the mail to the address of the recipient.

Further details on voluntary performance

So, if the employer has an application on the table for voluntary payment of maintenance to the payee's card, it is likely that the parties have previously entered into a maintenance agreement.

It is subject to the following requirements, which the employer will also know about.

• must be voluntary – that is, signed by both sides without coercion;
• Prisoners notarized;
• Relevant legislation, including rules on transactions;
• It does not violate the interests of the child.

With regard to the last paragraph, the 2016 agreement should provide for payments not less than those established by law, and the law states that:

• For one child, 25 per cent of the income is paid;
• 2 - 33 per cent;
• 3 to 50%.

Thus, even if the amount of the payments is set at a firm amount, it must be equal to the amount of the shares.

Form and content of the declaration

As has been pointed out on several occasions, the voluntary payment of maintenance by the payer is established on the basis of the application, which is enforced on the basis of the performance sheet and the application of the wife, the mother of the child, the children.

How do you write an application for maintenance at your husband's job?It was necessary to know what the legal requirements were for that instrument and what would be required in 2017 and beyond.

There are no special requirements for the form of the document. It can be drawn up on a normal sheet of paper. A request for a hand-held statement is made or printed on a computer.

The content of the application is subject to certain requirements and should contain the following information:

• Name of company to which the application is made and details of the manager: position and F.I.O.;
• Information on the payer: F.I.O., address of residence, position in the organization;
• Information on the recipient of the money and the child, with an indication of the age of the child;
• Procedure for the performance of an obligation;
• The props of the recipient of the money.

In addition, the application for payment of maintenance must state: from when the performance of the obligation is to be carried out and at what time, to what extent.

If an application is made for voluntary payment of maintenance without an executive list, it must be stated that there is a maintenance agreement and included in the package.

In other cases, the application for alimony is accompanied by a judicial executive document.

The person holding the funds, who is obliged to pay them to the recoverer, checks the list of documents and their contents, and withholds funds from the monthly wage and some other income.

The issue of the payment of maintenance payments from an employed payer is thus resolved, and child support may be retained in the same way on the application of a person who receives a different fixed income; for example, from a person who receives a pension; only a request for voluntary payment of maintenance or payment of maintenance is made by the appropriate pension authority.

Where can I get a sample?

A model application for maintenance can be obtained in various ways.

1. In the accounting department of the payer's organization, the accountants must already have experience with this kind of penalty, so they can tell you what the form of the document is, even give you the necessary form.
2. A model application for retention of maintenance can be obtained from a family lawyer, who regularly helps to recover funds from employees of various organizations, so that the model application is always in their hands, and the model will be correct and tested in practice.
3. A sample of maintenance payments on the application of an employee currently relevant and suitable for presentation in 2017 can also be downloaded on our website, which has been prepared by competent professionals, so it cannot be legally refused.

Thus, it is not difficult to obtain the much-needed model of the document in order to initiate the recovery of payments in the interests of the minor.

What risk does the employer face for failing to perform his duties?

From the moment the employer accepts an application for retention of maintenance in the books of an organization the sample of which is downloaded or received from the competent persons, the employee may forget that he or she has to make some kind of payment; everything will take place in an "automatic" mode.

The liability for non-performance or improper performance of an obligation will be transferred from the employee to the employer or accountant, depending on who will be guilty of not receiving money for the child; the liability varies from civil to criminal.

If the non-payment is malicious and systematic, it is all subject to the sanction of a criminal article in which one of the penalties is deprivation of liberty.

Some conclusions

1. Is it possible to keep alimony from earning without a court decision? Yes, this is a legitimate practice. In order to implement this method of performance, it is necessary for the employee to file an application and submit a notary agreement with the child ' s representative.
2. Where to find a sample application? You can get a master sample from a lawyer or download it on our website. You can only fill out the personal details of the parties, the child, the payment details, and the timing of the performance.
3. What is the employer obliged to do? First, order the accountant to keep the funds; second, to monitor how timely and regularly this happens; if the duty is not fulfilled, it will be the employer who has the responsibility.

Model application for retention of maintenance from salary

Support is paid to children and adult relatives who are unable to work and are listed on a voluntary basis or by a court order.Model application for retention of maintenance from salaryand correct to fill it. See how the retention of maintenance occurs on the employee ' s application.

Method of deduction of maintenance from salary

The deduction of maintenance from earnings is made on the basis of:

• an executive page;
• Court orders;
• An agreement between the parents that the notary assured him.

These types of paper are mandatory and therefore no approval is required from the staff member; therefore, there is no need to write the application either.

The supervisor simply issues an order and subtracts the amount per month for the recipient.

When retaining alimony by order, management is obliged to exercise control over not exceeding the statutory limit.

When a large amount is determined on the execution sheet, the employer must comply with the law; according to article 138 of the Labour Code, it is not possible to collect more than 70 per cent of the salary for the maintenance of children.

If the amount is not sufficient to pay maintenance, the employee may request his employer to deduct the necessary amount from the income, and the alimony payers may, on their own initiative, submit a request for retention to the director, in which case an application shall be made.

Methods of alimony payments

Maintenance payments are madevoluntary or compulsory.

The first option is to transfer money on the basis of a mutual agreement, which is certified by a notary, and in the second, the amount due to the payer is enforced.

There are such things.Methods of payment of maintenance:

• Translation by post;
• Retention from earnings;
• A non-fiscal calculation;
• through bailiffs.

Maintenance is required to be paid regularly and in full, and if they are detained, they are in arrears; as a result, the non-payer is prosecuted and the property is confiscated to pay the debt.

Application from the maintenance payer

An application for maintenance shall be made to the accountant if payment is provided for in the voluntary agreement drawn up between the mother and the father of the child(article 109 of the Russian Federation).

To download a sample of the maintenance agreement

Model application from employeeIf the company has not developed a form, the application is made freely and the following information must be provided:

• Name of company
• An indication of the director or g. bookkeeper;
• The FIO of the maintenance payer, position, division;
• FIO of recipients (mother and child), address of residence;
• Information on the agreement;
• Request the retention of the sum;
• Method of payment;
• Date of first payment;
• Assignment of translation: maintenance;
• number, painting.

The application is to be accompanied by a copy of the agreement and a bank statement showing the details of the account.You can download an example of an application to the bookstore from a maintenance payer.

To download a sample of the maintenance application

Application by the recipient

The Act provides for the possibility for the employer to accept a claim for maintenance from the claimant.

The document is allowed to be drafted at random if the bookkeeping system does not have a developed and approved model.The following particulars are mandatory:

• Name of firm;
• Data from the director or head of the bank;
• FIO of the Seeker (mother and child), address;
• Debtor ' s IRS, position, unit;
• Data of the retention document;
• The requirement for payment of maintenance;
• Method of payment;
• number, signature.

The applicant shall attach an executive note or agreement to the application, as well as a bank statement bearing the account number.Please download an example of the applicant's application to the bookstore.

To download a sample of the maintenance application

Judicial practice

If the claimant claims retention of maintenance and provides a mutual agreement with the payer, the accountant is required to obtain the latter ' s written consent to the payment.

Otherwise, the applicant must apply to the bailiffs, and only through the initiation of enforcement proceedings will she be able to receive payment.

The documents must be delivered to the company ' s bookkeeping office in person. Two copies must be prepared and one must be stamped to accept the document and the other must be kept. If the mother cannot visit the organization, the application may be sent by registered letter of receipt.

Application to the accounting office for maintenance

When the child is granted support, voluntarily or in court, it is necessary to determine how the money will be sent to the child. Often, in resolving these questions, both the payer and the recipient have to fill out a sample of the application to the accountant for the payment of maintenance.

Application by the payer

As a rule, an application to an accountant for the subsequent payment of maintenance is filed by the payer when the payment of the money is provided for in a written agreement between the parents (article 109 of the Family Code of the Russian Federation), which must be certified by a notary.

The payer must make a written statement at his place of work.

There is no legal form for such a document; perhaps the internal documents of the employer organization have developed a model form. When you contact an accountant or secretariat, you need to know if they have an approved sample.

If not, the application shall be made in an arbitrary form, with the following particulars:

• Name of organization with reference to head or general accountant;
• F.I.O., with an indication of the position, structure (if any);
• F.I.O., recipient of money (both mother and child), postal address;
• Reference to maintenance agreement;
• Request that maintenance be withheld from his salary;
• An indication of the mode of transfer;
• Date of commencement of retention;
• The need to indicate the payment as maintenance;
• Date, signature.

Attach to the application:

• A copy of the agreement;
• Exit from a bank with props for the transfer of money (in the case of this method of receipt).

The payer, in agreement with the recipient, may specify one of the following means of payment of maintenance:

1. The receipt of money by the recipient in the organization ' s cash register;
2. Transmittal of the postal translation;
3. A payment order to a bank account, including a card.

The most common way to get money for children on a bank card is now.

This method has many advantages for the recipient: cards are widely distributed, money is received quickly. Cash on the card can be spent on children ' s needs by paying for it in shops without spending time going to the post office or bank to take cash.

Disadvantages may occur in locations where few shops accept card payments and not enough bank offices have to go to district or regional centres to withdraw money. For such categories of recipients, it would be preferable to transfer money by post.

In any of the means of transfer, the costs of such transactions are to be deducted from the maintenance payer.

Application for retention of maintenance from salary: download sample, whether and how to write, recommendations for processing

Civil, administrative and criminal liability is provided for an unfriendly parent who avoids the payment of maintenance.

In order for the employer to make a proper monthly deduction, it is necessary to file an application with the payer.

Should an employee write?

Support for a child from a parent ' s salary shall be held on the basis of the following documents:

Voluntary agreement in writing.

The parties concerned shall agree on the sum of the retention, the means of payment, and the timing of the payment.

The agreement shall be recorded in writing and certified by the notary; the instrument shall have the same legal effect as an executive note.

• The payer then applies for the retention of the amount specified in the agreement to the administration of the organization in which it works.
• Such payments are voluntary, may be modified or cancelled upon the employee ' s repeated application.

If the parent has agreed to support the child but avoids his or her obligations, the beneficiary of maintenance may apply to the accounting office at the second party ' s place of work.Executive list.

1. This document is prepared by the court bailiffs on the basis of a decision of the responsible judicial authority and then handed over to the carer.
2. In this case, an employee ' s application is not required to retain the money.
3. The child ' s recipients sometimes apply to the employer for maintenance payments on their own.
4. All changes to the conditions of retention on the execution sheet shall be made only on the basis of a new court decision.

It is not sufficient to provide only a copy of the performance sheet; the payment will begin upon the voluntary application of the employee or the submission of the original document.

• It is different from the execution sheet that contributions are only allocated as a percentage of income.
• If the former spouses have reached an agreement on the maintenance of the child, they have established the amount, the frequency and the method of payment.
• However, the landlord is not encouraged to hand over cash from hand to hand.
• In order to avoid possible claims and litigation, it is better to write a statement to the bookkeeping office and dismiss the alimony officially.

Application for retention of maintenance

• Maintenance means money for the maintenance of minor children or adult disabled family members.
• When an employee is required to apply for maintenance, we will explain in our consultation, as well as provide a sample of the application.

Application for retention of maintenance - voluntary

Maintenance may be withheld from an employee ' s salary on the basis of an executive notice, a court order, a notarized maintenance agreement; such documents are binding on the employer and do not require the employee ' s approval.

The employer must order the recovery of maintenance from the employee and begin to retain the amount in favour of third parties.

The retention documents will indicate the percentage of the employee ' s earnings or a firm amount of maintenance that will have to be withheld from the employee ' s income.

However, in the case of retention of maintenance on the basis of an order, the employer still needs to control that the retention limits are not exceeded, and it does not matter what amounts or interest have been indicated on the execution sheet or the court order; the employer is not entitled to retain more than the Russian CLC permits.

When alimony is kept for the benefit of an adult disabled family member, the amount of the retention may not exceed 20 per cent.

If there are more than one form of execution, the employee must in any event remain in the hands of at least 50 per cent of the wage.

It is only when maintenance is withheld for a minor child that the restriction is 70 per cent of the salary after deduction of the NPFL (article 138 of the Criminal Code, article 99, paragraph 1, of the Federal Act of 02.10.2007 No. 229-FZ).

Or in the event that a court order or a notarized maintenance agreement has not been issued to the employer, the employee may always decide, on his own initiative, to pay alimony; accordingly, he or she shall write a statement to the employer requesting retention.

The employee has the right to dispose of his or her earnings at his or her discretion, and therefore all his or her net income may be credited as maintenance.

Application for retention of maintenance: sample

An application for retention of maintenance from wages is made in an arbitrary form, regardless of whether an application for retention of maintenance is made on the performance sheet (in addition to the amounts indicated therein or in excess of the limitation imposed by the RTC) or only on the employee ' s own free will.

The application is addressed to the employer ' s head and usually contains the following information:

• F.I.O. and the position of employee;
• F.I.O., the persons in whose favour the alimony will be held, and his bank details.

An employee also pays a commission for the payment of maintenance in general and it is therefore appropriate to include such a commission in the application as well.

Maintenances may also be paid from the cash register in agreement with the employer; accordingly, the application will have to indicate the cash method of payment.

The statement may also include the details of the document under which alimony is paid.

By the way, an employee is not required to write in a maintenance application if their payment is entirely his initiative; for example, "financial assistance" may be cited as the basis for payment.

We'll give you a sample of the retention of maintenance in the books.

Application for retention of maintenance from wages: sample for transfer

Divorce does not remove the responsibility of parents for raising and maintaining their children; the child will live with one of the parents; the other will be obliged to allocate money to ensure the necessary living conditions.

Grounds for recovery of maintenance

Retentions of money are divided into three types:

• It's Mandatory, it's NPFL, it's an execution warrant, it's notary writing in favour of physicals or organizations, it's a court order.
• Retentions at the initiative of the firm's administration: Cases differ as a result of damage to the production, release of the defective goods, non-return of the reporting amount, etc.
• Retentions on the initiative of an employee, in favour of citizens or legal persons on the basis of an employee ' s application, must form an application for payment of maintenance.

When the debt is ordered to be paid by the court, the form of the order or order is sent to the business by the judicial officer or the recipient of the finance.

An application to the accounting office for maintenance, sample 2018.

The beneficiary, accountant or management of an enterprise may not change the order or amount of the payment.

Voluntary consent to the retention of maintenance

Retention of maintenance from wages

The father or mother, who has voluntarily decided to pay the child ' s maintenance money, has the right to decide how he/she will do so; the payer can send maintenance through the post office, hand over it to the recipient personally, transfer it to the Sberbank account, etc.

The popular way to transfer funds on a voluntary basis is to retain the amount of the salary, which makes the firm's bookkeeping based on an application by the payer or the parent of the minor child.

Application for payment of maintenance on a bank card sample

It's better to pay alimony officially, not hand it over, it'll protect you from your spouse's complaints and lawsuits, and if you need it, you can confirm it with a certificate from the firm.

Noted.The agreement may be concluded by the husband and wife, or their authorized representatives, and must specify the duration of the contract, the amount of the payments, the amount of the penalties and the indexation; all actions must be carried out in a lawful manner; if changes are necessary, the paper must also be certified by the notary.

Application for retention of maintenance from salary (model)

Application to the Public Prosecutor ' s Office for non-payment of wages

Transfer of retentions to a bank card; no special requirements are imposed on the document; it is written in arbitrary form.The declaration shall contain:

• The name of the firm where the maintenance worker works;
• The data of the payer - FIO, passport, date of birth, place of residence;
• Information on the child for whom the money is being withheld — IRS, address, date of birth;
• Amount to be paid:
• The form of deduction of money - a bank card, a post office or a cash register;
• The details of the recipient ' s bank;
• The purpose of retaining alimony payments;
• Date of the application;
• signature.

An application for retention of maintenance from wages is a sample.

Accounting responsibilities for maintenance

Types of basis for accounting

Claim for non-payment of salary on separation, sample

The department will start depositing money after the presentation of:

• A statement by the alimonyer of his own initiative to pay the money;
• A court order;
• An executive list.

No additional acts will be required.

The accountant registers the document in the incoming correspondence and stores it because it is a paper of strict record, and the staff member must inform the bailiffs and the applicant of the application.

Base for calculation of payments

The calculation of maintenance retention in Ukraine is as follows:

• 25 per cent or 1/4 of the parent ' s income will be withheld per child;
• Cash payments per two children would amount to 33.3 per cent or 1/3 of the income;
• The deduction for three or more children will be equivalent to 1.2 per cent or 50 per cent of the maintenance worker ' s salary.

Model for deduction of maintenance from salary

The money must be transferred from the following income to the maintenance provider:

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• Premium payments;
• Supplementary payments for work on weekends and holidays;
• Overtime charges;
• Long-service allowances;
• Vacation leave;
• Pension benefits;
• A staff member serving in the public service is paid for his or her time.

There are situations where the amount of payments is fixed, firm, it will be multiplied by the subsistence minimum. On 1 July, it will be 7800 rubles. It may be converted in favour of the recipient of the retention money. This is done when the maintenance worker has no job. By a court order, he is obliged to make a lump sum payment to his child.

It matters!If the child ' s maintenance costs (education, treatment) are increased, the recipient is entitled, through the court, to increase the cash payments.

Article 109 of the Code of Criminal Procedure stipulates that the employer of a maintenance firm must keep a portion of the money from his salary and other sources of income every month and must transfer the money within a specified period of three days from the date of payment of wages.

Model maintenance application for husband ' s work

The maximum payment can be established after a reduction in income tax earnings, so the highest amount paid will be calculated from the income minus NPFL. If the employee receives 30,000 roubles, the amount from which the payments will be withheld will be 26,100.

Application for termination of voluntary retention of maintenance

Since the retention of money takes place on the staff member ' s own initiative, the alimonyer may change the amount of the money transferred or stop paying alimony on the basis of the application.

The grounds for discontinuation of payment may be as follows:

• The child ' s attainment of majority;
• The expiry of the contract between the parents;
• Other conditions specified in the agreement, at the end of the university, for the employment of the child.

In such cases, the payer must file an application with the accountant to terminate the payment, and papers must also be provided on the basis of which he wishes to cancel the retention.

Example of an application for termination of retention, change of employment

It matters!Discontinuation of the payment of funds for a child who has not attained the age of 18 is permitted only by a court decision.

A staff member must inform the recipient of the termination of the retention or change of employment.

Divorce is not uncommon; since there is a common child, parents must agree on the payment of maintenance, which is a mandatory payment in favour of a son or daughter from the parent ' s income, on the basis of an executive document, an employee ' s application and a court order.

Application for retention of maintenance

A model application for retention of maintenance: maintenance may be paid voluntarily upon oral agreement or agreement; if voluntary payment of maintenance is avoided, a claim for maintenance or an application for a court order must be filed with the court.

The general rules for determining the jurisdiction of claims should govern the selection of the court empowered to consider claims for maintenance.

Once a court decision or a court order for the recovery of maintenance has been issued, there are problems with its enforcement; enforcement of court orders is the responsibility of bailiffs; however, maintenance is allowed to go directly to the administration of the company where the person who is required to pay maintenance is employed.

In what cases is it recommended that the employer be approached directly? It would appear that such a method would be optimal if the enterprise was sufficiently large and long-term.

The applicant must be sure that his execution sheet will not be affected, he will not have to look for the business in the future, and most often he will be presented with retention documents at the place where the debtor and the claimant work at the same time.

In any event, evidence must be placed in the hands of the person directly concerned.

This may be a notice of service when sending an application for retention by post, or a note on a second copy of the application for retention (date of reception, number of incoming correspondence, name and title of the person accepting the application) which remains in the hands of the applicant.

Please find out more about the retention of maintenance in the relevant publication "Retention of Maintenance".

Model application for retention of maintenance

(name of employer): ___________________________________________________________________(FIO in full, address) Debtor:________________________________________________________________________________________________

(FIO in full, address)

Application for retention of maintenance

• An employee of you is required to pay maintenance in my favour (for whom maintenance is paid) on the basis of __ (document confirming the obligation to pay maintenance: executive notice, court order, notary agreement, details of the document, date by which it was issued).
• However, the debtor ' s FIO avoids payment of maintenance on a voluntary basis.
• On the basis of this statement, in accordance with article 109 of the Family Code of the Russian Federation,
• Please:

1. Retention of maintenance from the debtor's (FIO) monthly, on the basis of __ (document confirming the obligation to pay maintenance) in my favour.
2. Maintenances will be transferred to my bank account (specify the details of the account).

List of documents annexed to the declaration:

1. Copy of application (in person)
2. Document supporting the grounds for retention of maintenance

1. Date of the application of the applicant

Request for voluntary retention of maintenance (model)

The organization's employee divorced his wife, and since there is a common child, they have agreed that at each wage, the employee will pay the money for its maintenance, and the contribution will amount to 30 per cent of the wage.

A human resources specialist needs to get things right, in particular, to prepare a claim for retention of maintenance from the payroll, a model of the application prepared by our specialists would be most welcome.

As a general rule, the amount of a worker ' s salary may be withheld on the initiative of the organization or on the basis of the requirements of the law; in most cases, the salary may not be withheld more than 20 per cent (article 138 of the Labour Code). However, there are cases in which it is possible to keep up to 70 per cent of the monthly wage.

• Recovery of maintenance for minors;
• Compensation for damage to health;
• Compensation for the loss of the breadwinner;
• Compensation for damage caused by the crime.

The maximum amount to be deducted from an employee ' s salary is to be determined after a reduction of the employee ' s salary by NPFL. The fact is that the employee ' s salary is the earnings reduced by the amount of the tax (art. 210, para. 2, para. 1). Consequently, the maximum amount of the deduction is to be determined on the basis of the employee ' s salary after taxation (art. 138, LC).

For the record,
If a staff member pays child support, it will not be possible to recover the debts owed to the organization; it is not possible to retain more than 20 per cent of the income.

More than 20 per cent of the employee may be recovered only if the law in force so provides. Maintenance per child amounts to 1/4 of the employee's income, 1/3 of the employee's two children, 1/3 of the employee's income per child, 1/2 of the employee's income per child (art.

81 of the Family Code).

Thus, if an employee pays alimony for even one child, the amount of the retention is already 25 per cent of his or her income, so that once maintenance is paid, the retention limit is exhausted and the employee ' s debts to the organization cannot be recovered. (Storrud ' s letter of 30 May 2012 No. PG/3890-6-1) confirms that this conclusion is correct.

The Initiator of the Retention is the employee himself.

It is common for an employee to request the retention of money from his/her salary to pay for credit, payment of goods, works, services, voluntary maintenance, etc.

In such a case, no restrictions apply because the retention initiative comes from the employee himself, who has the right to dispose of his or her money at his or her own discretion.

Retention of maintenance from wages — a model of application as retained, maximum percentage

The maximum amount of retention is regulated by article 138 of the Labour Code.

• The retention monies in total may not exceed 20 per cent of the staff member ' s income during the reporting period;
• In special cases established by the relevant Federal laws, the total amount of retention may be as much as 50% of earnings;
• If alimony is recovered in favour of minor children, the amount of the retention money may not exceed 70 per cent;
• In the event of multiple retention documents entering the accounts, they must not exceed 50 per cent of the wages.

Thus, if payments are made for minor children, the employee must receive at least 30 per cent of the salary.

In other cases (e.g., with both children ' s and wives ' maintenance at the same time), the staff member must receive at least half of the total salary.

On the executive page

If an accountant receives an executive note, the staff member is required to retain the amount in the document on a monthly basis on payroll; the staff member will receive the money less the retention money.

In doing so, accountant staff must ensure that the amount of the retention is not higher than the maximum amount allowed, and consider how the procedure is properly implemented.

Example No. 4.The company's accountant, Masaev V.S., receives an executive list for the recovery of maintenance from the company's employee, Masaev. Masaev's salary is 15,000 roubles per month.

The penalty on the list is 25 per cent of the earnings of a minor daughter and the executive document regulates the date of commencement of the penalty, 18 February 2023, and the amount of maintenance for the period from 18 February to 30 April 2023 must be calculated.

Decision:

15,000 * 0.13 = 1950 rubles	Amount of retention of NPFL for the full calculation period
15,000 - 1950 = 13050 rubles	Income from which maintenance will be retained
13050 * 0.25 = 3262, 5 rubles	Amount of full month ' s maintenance
3262, 5 * 2 = 6525 roubles	Maintenance for March and April 2023

We will calculate maintenance for the part-time period from 18 to 29 February 2023, using the production calendar for the five-day work week:

calendar	29
Trades and Crafts	20
weekend	9

In February, between 18 and 29 February, there were seven working days, all of which were worked by Mazaev.

15000 / 20 * 7 = 5,250 roubles	Wages from 18 to 29 February
5250 * 0.13 = 682, 5 rubles	NPFL for the period
5250 - 682.5 = 4567, 5 rubles	Base for retention of maintenance
4567.5 * 0.25 = 1141, 9 rubles	Maintenance for the period from 18 to 29 February 2023

We sum up the values: 6525 + 1141.9 = 7666, 9 roubles – maintenance for the period from 18 February to 30 April 2023.

Since the amount for each calculation period does not exceed the maximum fixed threshold of 70 per cent, the retention shall be carried out in full.