Do they pay, is alimony calculated from the premium - is alimony calculated and paid from the premium?

Child support is provided for the maintenance of minor children and incapacitated citizens. The form of payment can be voluntary or forced. They withhold funds from all income of the alimony provider listed in 841 Government Resolution.

Premium alimony is included in the established list, but there are certain exceptions. Funds must be provided for by the wage system. If the boss allocated money in honor of a holiday or other non-work related issues, then a separate order is issued.

Such a premium is not withheld for payment of alimony obligations.

The legislative framework

According to Article 82 of the Family Code, only certain types of profit can be withheld. Resolution 841 provides a detailed list of income from which the accounting department has the right to calculate interest for the maintenance of dependents. The charges listed in Article 101 are prohibited. Federal Law “On Enforcement Proceedings”. You can see the types of income that are and are not subject to withholding in the table:

CriteriaDescription

Subject to withholding

• Wage. • Salaries of military personnel. • Funds received for creative activities. • Pensions and benefits. • Bonuses of various types (one-time, monthly, annual). • Salary bonuses (for professional performance of duties, length of service). • Profit received for the services provided by the alimony payer under the contract. • Scholarships. • Compensation for overtime work. • Vacation pay. • Income received from renting property. • Other income that is not prohibited.

Not held

• Maternal capital. • Compensation for work expenses (travel, accommodation). • Funds provided for treatment and food in a medical institution. • Compensation for damage (wear and tear of materials or tools of the alimony worker). • One-time payments for a wedding, burial of a close relative or the birth of a child. • Funds provided by another person as alimony. • Benefits for the maintenance of a child or an incapacitated citizen. • Pension provided by the state in the event of the loss of the sole breadwinner.

Based on information from regulations, the conclusion is that it is permissible to deduct part of the income for the maintenance of a dependent from annual and one-time bonuses, as well as profits of the corresponding type received regularly.

Controversial situations related to the withholding of employee remuneration are stipulated by Art. 135. Labor Code.

The law states that in case of official employment, all types of employee income are reflected in the employment contract and local acts of the organization.

If the premium is paid regularly, but is not reflected in regulatory documents, then it is not subject to withholding.

Disputes are resolved in court. Formally, the law is on the plaintiff’s side, since bonuses are considered the income of the alimony provider. The problem will only be to prove their existence and substantiate the claims.

Retained and non-retained premiums

In paragraph 1 of paragraph 841 of the Government Resolution it is noted that alimony can be deducted from bonuses provided as wages. They are specified in the acts of the company and the employment contract of the alimony payer. Payments not specified in the documentation, for example, bonuses in honor of a company anniversary or holiday, are not prohibited by law. The employer has the right to charge them at his own discretion. For alimony obligations, such one-time bonuses are not deducted. The alimony provider can use them at his own discretion.

Controversial situations in judicial practice occur due to a poorly defined incentive system within the organization or its concealment. In such situations, employees do not receive bonuses regularly or they are not documented at all.

For example, an employee’s remuneration for professionalism and success in the workplace should be withheld for alimony.

The purpose of such a payment is to encourage labor, therefore, income is included in the list of 841 Government Decrees.

More rare bonuses, for example, quarterly (every 3 months) or annual (every 12 months), management pays as incentives for successful implementation of the plan. Such payments are usually included in the employment contract, so the deduction of part of the funds for alimony obligations will occur on a general basis.

Encouragement for the past time

An employee has the right to find out about his incentive in advance, but the money is usually paid later than the stated deadline. For example, the February bonus can be received in April. There are only two reasons for this phenomenon:

lack of funds at the enterprise;
expectations for the end of the reporting period (quarter, year).

In the first option, the problem is a lack of funding. The employer will be required to pay employees wages and allowances for the previous period, or declare bankruptcy. In the case of waiting until the end of the reporting period, there are no financial problems. Management needs to obtain performance results over a certain period of time in order to decide how well employees performed. In both cases, the money is withheld no later than 3 days from the date of accrual.

Disputes arise when alimony obligations come into force later than the supposed incentive to work. For example, a citizen was obliged to pay funds for the maintenance of a dependent in June, and the bonus should have been given for May, but was accrued in August.

According to the law, accounting does not have the right to withhold it. The situation is different when the child reaches 18 years of age at the time the incentive is awarded.

They cannot deduct alimony from future wages, but bonuses issued for the period before the dependent comes of age will be withheld.

Criteria for withholding alimony from incentives

It is permissible to recover part of the premium to pay alimony obligations under certain conditions:

The alimony payer must work officially. Employment that is not secured by an employment contract is not recognized by law, therefore, unofficial income cannot be withheld. It is not possible to control the employer due to his failure to pay taxes and documented cooperation with the alimony provider.
The incentive must be enshrined in local acts of the enterprise or in an agreement drawn up during employment. In the absence of documentary evidence, no deduction will occur.
It is possible to collect alimony only from the incentive itself, and not from wages, pensions, compensation and other income. If the payment is not made on time, the alimony provider must provide the funds, or they will be collected from the next premium in double amount.

To withhold part of the alimony worker’s income, it is enough to provide the employer with the appropriate document (court verdict, voluntary agreement) confirming the payment of alimony. The accounting department will be required to automatically collect part of the employee’s funds and then transfer them to the recipient.

The main difficulty is the unofficial income of the alimony payer. It is unrealistic to prove bonuses that are not documented and do not go through the accounting department. The recipient of the money has the right to petition to change the form of payment from a percentage share to a fixed amount in order to protect the rights of the dependent.

Instructions for collecting alimony from the alimony payer

A person applying for funds to provide for the basic needs of a dependent must follow the following algorithm of actions:

Talk to the child support payer. Depending on the outcome of the conversation, there are 2 possible scenarios:
- The parties came to an agreement, entered into an agreement and certified it by a notary. The document indicates the main points regarding alimony payments (amount, frequency).
- We were unable to resolve the issue on our own. A person applying for alimony must file an application with the court. If there are no claims from the defendant, then the proceedings will take place in one hearing and a court order will be issued. Otherwise, the process will be delayed. If the outcome is positive for the plaintiff, a writ of execution will be drawn up.
Submit a document confirming the obligation to pay alimony to the employer. If a writ of execution or a court order is submitted, then a separate application for withholding the employee’s income is not required. It is only necessary when submitting a voluntary agreement.
Wait for the receipt of funds for alimony obligations. They will be transferred in the manner specified in the document submitted to the employer.

If we are talking about a writ of execution, then the recipient of alimony has the right to provide it to the bailiff. The algorithm of actions will not change, but the authorized bodies will be responsible for the process.

Accounting calculations

When calculating the salary of an alimony payer, the accountant is obliged to calculate how much will go to the account of the employee and the alimony recipient. It’s easier to calculate totals using ready-made examples:

SituationExample solution

The employee pays child support. He earns 40 thousand a month. The bonus is 20 thousand.	To begin with, the total income is calculated: • 40 thousand + 20 thousand = 60 thousand. Next, 13% taxes are deducted: • 600.13=52200. Then 25% of alimony is taken away: • 522000.25=39150.39150 rubles goes to the employee in the end, and 13050 rubles are spent on child support.
The bailiff presented the employer with a writ of execution containing information about the employee’s alimony obligations. The document states that the accounting department is obliged to withhold 1/3 of the employee’s income for child support. The decision comes into force on July 1, but the bonus was received only in August for the second quarter of this year.	A quarter is 3 months. The second quarter consists of April, May and July. The accounting department will not deduct funds from the incentive, since the writ of execution has not yet entered into force at that time.
The employee was ordered to pay child support from October 5. The upcoming annual bonus is 15,500 rubles. The problem was the amount allocated to the alimony recipient's account.	There are still 60 days left to work until the end of the year. In total, you have to work 240 days in a year. The balance is calculated using the following formula: • 15500/240*60=3875. The accounting department will provide the recipient of alimony with 3875 rubles.

If the accounting department made a mistake in the calculations or did not take into account a certain bonus, then one of 2 decisions is allowed:

Write an application to deduct the debt incurred from future income.
Pay off the debt from your own savings. Then submit to the accounting department a receipt for payment or a receipt from the recipient of the alimony.

It is advisable to pay off the debt immediately. Lawyers advise resolving the issue peacefully to avoid paying late fees. If penalties cannot be avoided, then compensation can be demanded from the guilty parties.

Funds for alimony obligations are deducted from any income of the alimony payer, including from bonuses. The citizen must be officially employed, and the profit must be indicated in the contract or local act of the enterprise in order to avoid controversial situations. Accounting departments make calculations based on the provided document confirming the presence of dependents.

Withholding alimony from premiums

There is a widespread belief among citizens that funds for child support can only be collected from the parent’s salary. However, other money paid by the employer cannot be subject to alimony. This opinion often serves as a reason for abuse on the part of the debtor, who does not want to transfer alimony from the premium. At many enterprises, remuneration includes payments such as:

salary;
bonus issued on a regular basis (solid bonus fund);
one-time reward for any individual merits;
annual, quarterly or semi-annual bonus.

Let's figure out whether child support is deducted from bonuses.

Legislative regulation

The legal basis for determining the funds that are subject to alimony is Art. 82 RF IC. This norm directly refers to Government Resolution No. 841, adopted on July 18, 1996. Clause 1 of the document lists all payments from the employer, from which funds intended for children are deducted.

According to paragraphs. “a”, money must be withheld from wages, salaries and other regular remuneration.
pp. “d” provides for the transfer of alimony from various allowances. They are paid to the debtor for a certain length of service in the company, the presence of additional skills or qualifications, as well as for achieving a number of established indicators. This group also includes funds that the employer issues or transfers in connection with off-hour work and harmful conditions.
pp. “and” contains the rules by which funds for the maintenance of the child are calculated and transferred from the bonuses received by the parent. Moreover, such remuneration must be provided for by the current remuneration system at the enterprise.

The issue of bonuses is relevant in all cases where child support is paid as a percentage of income. If a fixed amount is established, then its size does not directly depend on the debtor’s earnings.

From what premiums is alimony deducted?

To determine whether debtors pay alimony from bonuses, it is necessary to understand the elements of the remuneration system for work performed at the enterprise. It consists of local acts of the company that provide incentives for employees (Article 135 of the Labor Code of the Russian Federation). Examples are:

wage regulations;
a collective agreement adopted and executed in accordance with the established procedure;
bonus regulations;
regulations on a solid bonus fund;
an employment contract signed by the employee.

All listed documents must contain the conditions under which the payment is calculated and a mechanism that allows it to be calculated.

Alimony from annual bonus

Many questions concern the annual bonus (bonus) or the “13th salary”. This amount is mistakenly not considered as earnings. Usually it is paid at large enterprises, therefore the grounds and procedure for bonuses are defined in a special document.

To find out whether alimony is calculated on the annual bonus, you need to find out about its presence in the applicable remuneration system. Enterprises adopt appropriate local regulations to optimize taxes (when submitting reports, it is necessary to prove the validity of all remunerations paid to employees).

From which premiums alimony is not deducted?

In addition to system bonuses, there are various one-time issuances or transfers of amounts. Let's figure out whether alimony is paid from this money.

In order not to force the creditor to study the local documents of the enterprise, the legislator directly listed part of such amounts in Resolution No. 841. Clause. "l" p.

2 of this document establishes exceptions regarding lump sum transferred money in connection with:

with the death of a close relative;
with a natural disaster;
with an emergency;
with a terrorist attack.

In other cases, the recipient of the funds or the bailiff will have to find out whether the premium is subject to alimony.

The employer is obliged to provide local documents at the request of the bailiff. If it is not provided for by these rules, and is not due to special working conditions, processing or achievement of established indicators, then money is not withheld from this amount.

Alimony from bonuses received over the past period

A situation is possible when the bonus is accrued for the working period that occurred before the payment of child support was established. This often happens when issuing annual bonuses. An example is their transfer for 2016 in June 2017.

If the decision to establish a payment in favor of the child came into force in March 2017, then alimony from the premium is not withheld.

This is due to the fact that the amounts of current earnings are subject to collection, and the money due for previous periods is not.

The only exception is the situation when the child support provider has accumulated a debt to the child. It is deducted regardless of the period for which the bonus is paid.

Calculation example

Let's look at a few examples of how to calculate alimony from a premium. First, let's study the standard situation. Let's assume that a parent earned 40 thousand rubles in salary and 16 thousand rubles in bonuses in a month. At the same time, according to a court decision, 25% of his income is withdrawn from him.

First you need to take into account the withholding of personal income tax. It is paid on both parts of earnings.

40,000 + 16,000 – 13% = 48,720 rubles. It is from this amount that alimony will be deducted:

48,720 * 0.25 = 12,180 rubles. This will be the amount withheld in favor of the child.

Let's consider a situation where the premium is paid based on the results of 2016 and amounts to 339,000 rubles, and alimony (25%) was established within this period, from December 17.
First, we reduce the base by 13% of personal income tax.
339,000 – 13% = 294,930 rubles

The due deductions can be calculated quite simply. It is necessary to calculate what part of the bonus falls on 1 working day in 2016. To do this, divide the amount by the number of such days (247).

294,930 / 247 = 1194.05 rubles.

Next, you need to multiply the number of working days during the period of payment of child support (10) by the previously received amount and the share collected from the debtor’s income.

1194.05 * 10 * 0.25 = 2985.13. Exactly this amount will be added to the alimony calculated in relation to current earnings.

A case from judicial practice

Some debtors try to understate their income. Judicial practice encounters cases where claims are filed for incorrect payment calculations.

An example is the appeal ruling of the Oktyabrsky District Court of Arkhangelsk in case 11-100/2017, adopted on February 20, 2017. The plaintiff challenged the calculation of earnings drawn up by the bailiff.

The argument was that there was a discrepancy between the amounts specified in the employment contract and those received into the account (the transfers turned out to be less due to fines).

The court refused to satisfy the demands, citing a lack of evidence and the theoretical possibility of receiving earnings in cash or to another bank account.

Bottom line

If bonus payments are determined by working conditions and performance indicators, and are also established by local regulations, then the parent is obliged to share this income with the children. In all other cases, no money will be withheld.

Withholding of alimony from premiums Link to main publication They pay, is alimony calculated from the premium - is alimony calculated and paid from the premium?

Is alimony paid from the premium?

Often the question of whether alimony is withheld from bonuses confuses accountants, who must withhold money from alimony workers, payers themselves and recipients of funds.

The Family Code states that funds for the maintenance of needy persons are calculated from all income. It is logical to assume that the same applies to bonuses. But the question is more complex than it might seem at first glance.

Let's try to understand all its intricacies.

Regulatory acts on the topic

Of course, the provisions of the RF IC on the collection of alimony cannot be ignored when considering the issue of deductions from bonuses. Another thing is that the code contains general norms, supplemented and clarified by other acts. For example, by Decree of the Government of the Russian Federation No. 841, which came into force back in 1996.

This document states that maintenance payments are also calculated from premiums. But from which ones? There is one important phrase in the document, on the basis of which we can conclude that money in favor of a child or other needy relative is paid only from bonuses provided for by the wage system.

Remuneration system

Let's start from afar. Labor relations in Russia are based on:

Labor Code;
other laws and regulations: orders, decrees, etc.

In addition, every employer has the right to issue local regulations. The main condition: they must not contradict the Labor Code of the Russian Federation and other legal acts mentioned.

It is in such local acts that the rules for calculating bonuses to employees should be prescribed.

For example, the following remuneration system can be established: the employee receives some kind of salary, plus an impressive monthly bonus is paid for achieving high results.

When determining whether it is possible to withhold part of the funds from the bonus, it is necessary to determine whether this form of remuneration is mentioned in the local acts of the organization.

If yes, then, absolutely, alimony will be charged from this payment.

If the bonus is of a one-time nature, for example, on the occasion of a professional holiday, then, most likely, it is unacceptable to withhold anything from it.

But there is one problem: it happens that even monthly and quarterly bonuses are paid without drawing up any internal documents of the organization in this regard. What happens? Formally, you cannot retain a share of this income. On the other hand, it results in some kind of evasion of parental responsibilities. What other criteria should you pay attention to?

What is the money paid for?

The answer to this question will help determine whether it is possible to collect alimony from a specific payment, or whether this cannot be done.

It is important to establish whether the payment of money is related to the performance of work. For example, if a bonus is paid for the fact that a person has exceeded a certain plan, then alimony is taken from it absolutely, even if local acts say little about this.

If the payment is a one-time payment, for an occasion not related to work, then it is difficult to get something.

A few examples:

The employee was paid a remuneration for high results in work activity over the past period - a calendar year. In this case, alimony from the annual premium can be withheld. This is definitely income. And it is very closely related to the implementation of labor functions.
The employer transferred certain funds to the employee on the occasion of the upcoming New Year. This is, in essence, a gift from which no funds should be taken for the maintenance of minors or other dependents. Even if the money is paid annually.

Thus, when withholding funds from bonus payments, it is necessary to focus not only on the local acts of the organization establishing the remuneration system, but also determine the nature of the payments.

Awards for the past period

It was mentioned above that additional payments can be made at the end of the year. And a certain percentage must be withheld from them. But this must be stated very carefully.

It is important to establish whether there was a maintenance obligation in the year for which the employee received the remuneration. Based on this, there may be the following options:

The alimony obligation existed for the entire year. Definitely, funds are being withheld.
There was no obligation. Therefore, money cannot be withheld.
The obligation existed, but not for the entire year. The most difficult situation. In practice, there is no clear answer to what to do. Everything is decided at the discretion of the court. There is an opinion that if the obligation to make payments occurred at the time of receiving money from the employer, then a percentage of the entire amount must be withheld. On the other hand, if the bonus is paid at the end of the year, then funds must be withheld in proportion to the number of months of existence of the maintenance obligation. For example, an ex-wife filed for alimony in May, and in December the employee received an annual bonus. Therefore, you need to take into account part of the fifth month of the year and the next 7 months.

Thus, answering the question whether alimony for dependents is paid from the premium, we can say vaguely: sometimes yes, sometimes no.

All that remains is to figure out the procedure for withholding funds.

How to receive the money

If there is an alimony agreement, then everything is simple: the payer independently transfers the money to the recipient, of his own free will. Unless, of course, payments are made in a fixed amount. There is no point in talking about deductions from additional payments if the maintenance funds have a fixed amount.

If the payer evades fulfilling his obligation, then you need to contact the employer and explain to him the provisions of the law regarding deductions from bonuses. If the employer does not agree with the position of the recipient of the funds, then you need to contact the bailiffs, inform them about the payer receiving additional income, and demand forced collection.

By the way, inaction or unlawful actions of bailiffs can also be appealed. To a higher authority, to the head of a department, to the court.

Is alimony paid from the premium?

Very often the question arises whether it is necessary to pay alimony from the premium. The law establishes that money for child support must be calculated from all types of earnings, including incentives expressed in cash. Thus, if the alimony payer officially receives a bonus, then assistance to the minor should be calculated from it. In the case where an employee receives monetary remuneration from the hands of the boss, that is, unofficially, then alimony will not be calculated from this amount, since it is difficult to prove the fact of receiving the bonus.

Alimony from bonus

According to the law, alimony must be withheld from the following types of income:

wage;
profit when making a transaction;
bonuses and rewards expressed in monetary form;
different types of surcharges;
pensions;
scholarships, etc.

It should be taken into account that alimony is not withheld from every type of bonus. If the remuneration is provided for in the employment contract and is regularly paid to the employees of the enterprise, then alimony is withheld from it. In the case when the incentive is of a one-time nature, for example, timed to coincide with a special date, or given for special merits to a specific employee, then alimony is not paid from him.

Some enterprises have a practice where all employees are paid a small salary and a huge monthly bonus, which is not provided for by internal remuneration rules. In this case, the issue of withholding alimony is controversial and is decided individually in each situation.

Is alimony withheld from bonuses for the previous period?

In such a situation, it is necessary to clarify when the obligation to pay alimony for a minor arose and for what period the premium was accrued. Consider the case when remuneration is paid for the previous year.

Alimony was calculated throughout this period, which means that the bonus should be withheld in the same proportion.
Alimony began to be calculated from the beginning of the current year, then deduction from the bonus amount for the previous year is not made.
Alimony began to be withheld from the middle of the period for which the bonus was accrued. This situation is the most difficult, and it is usually decided by the court.

Example. The wife filed a claim for alimony in mid-June. The court granted her request and issued a verdict on the assignment of payments from the date of filing the application.

At the end of the year, the husband received a bonus, from which alimony was not accrued; after contacting the bailiffs with a request to pay maintenance to the child, 25% of the bonus amount was withheld, proportional to the period for which alimony was paid in favor of the minor.

The procedure for receiving alimony from premium payments

How to get alimony from a bonus? The procedure depends on how the basic amounts for child support are paid.

If there is an agreement in which the amount of alimony is indicated as a fixed amount, then in this case it is useless to demand the accrual of maintenance from the premium.
If the amount of alimony depends on income and amounts to a certain percentage, then the same portion is withheld from the premium.

If the alimony payer is negligent in his duties, he should contact the company where the spouse works and demand that authorized persons deduct the required amount. If the visit is not successful, contact the bailiffs, who are responsible for monitoring the fulfillment of the alimony payer’s duties.

Important! If the bailiffs fail to act, contact higher authorities, who will force them to comply with the court order.

Consulting a lawyer will help you understand the situation with the calculation of alimony.

If your husband does not want to pay alimony from the premium, contact a lawyer from Pravosfera. He will thoroughly study the situation and the documents you provide, on the basis of which he will conclude whether he is entitled to demand alimony from the husband’s bonus. If the answer is positive, the specialist will conduct all necessary negotiations with both authorized persons and the spouse.

You can be sure that the agency’s lawyers know how to find convincing arguments, so they will definitely defend your rights. Consultation can be obtained around the clock from any corner of the country.

You don't have to worry, all conversations are confidential. Registration is not required on our website, and the specialist who will advise you will only ask for your name for ease of communication; you can name anything.

Alimony

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Sergeevna Belarus, Brest Wrote 773 messages Write a private message Reputation: 71

#401[624577] October 11, 2013, 6:40 pm

Bonita_LT wrote: If alimony is for minors, then up to 70% of earnings can be withheld. Naturally, if there is an executive with a part-time salary, it is necessary to retain it. I just can’t say for sure that you need to adhere to the minimum amount of alimony. And if necessary, then you cannot reduce the size because it works at 0.5 bets. thank you. It seems like if you work part-time, then you don’t need to adhere to the BPM, only 25% of the salary, after withholding the income tax. While I’m counting this, I’ll call the bailiff on Monday, I’ll definitely sign off

Tananda // Wrote 12667 messages Write a private message Reputation: 2276

Is alimony withheld from the premium, is the premium subject to alimony

The starting point for determining the correct amount of alimony payments to be transferred is an understanding of what income of the parent who left the family can serve as the basis for calculating the amount of maintenance, and which are exceptions and cannot be reduced for these purposes. This question very often worries many payers, especially when they need to make sure whether alimony is paid from bonuses at the place of work?

Where can you find the corresponding list of income? Article 82 of the Family Code contains a reference to a document approved by the Government, namely Resolution No. 841 (adopted on July 18, 1996), which lists the types of cash income received by the payer, which are taken as the basis for calculating the amount of alimony to be withheld, as well as exceptions.

Among the latter, one can find payments received by a person in the event of the loss of a breadwinner, as well as amounts paid by the employer upon the occurrence of events such as the birth of a baby or the death of a relative.

More detailed information about those payments from which alimony is not deducted can be found in Article 101 of the law regulating issues of enforcement proceedings.

In subparagraph “and” of paragraph 1 of the list approved by the executive branch, bonuses that are necessarily provided for by the remuneration system are directly mentioned as income from which maintenance is withheld.

The previous version of the act had a slightly different wording, providing for the withholding of alimony from:

bonuses received by an employee based on the result of annual work;
regular payments of the appropriate type.

In general, there have been no fundamental changes in the meaning of the above norms - the withholding of alimony from premiums is directly stated in the law, however, the current wording may contribute to the creation of controversial situations.

This is due to the fact that, according to the provisions of the Labor Code (Article 135), the remuneration system is fixed in the company’s local acts, agreements or collective agreements.

It turns out that if the bonus is paid to the employee on a regular basis, but is not reflected in the acts of the organization, formally it does not fit the concept of income suitable for deducting alimony from it.

Here, the answer to the question of whether alimony is deducted from the premium will be given by the court as part of an explanation of the procedure for executing the decision, although according to common sense and the letter of the law, this type of payment is income and should be subject to withholding within the limits of alimony amounts.

Examples of calculating alimony from premiums

Let us give several examples that allow us to understand from a practical point of view how alimony is calculated from the premium.

How is alimony from the premium calculated?

The parent receives a monthly salary of 30,000 rubles, as well as a bonus of 15,000 rubles. First of all, any income of a person goes through the functioning of the taxation system and is cleared of amounts due to the state; accordingly, both bonuses and earnings lose 13% of taxes. The total income of the person remains 39,150 rubles.

Let's assume that you are required to pay 25% (1/4) of child support. This means that the minor will receive 9,787.5 rubles, and the father will be left with the amount of 29,362.5 rubles. The answer to the question of whether alimony is withheld from the premium in this case is unequivocal - yes.

How is alimony calculated from the premium if it is paid for a period when the payer did not have to pay alimony?

The company where the father is an employee received a writ of execution, according to which, from July 1, 1/3 of the earnings should be withheld for two children. In August, the payer received a bonus for the second quarter of the year. Since the bonus was issued to the employee for a period when he did not yet have to pay alimony, it will not serve as a basis for deduction.

How is alimony calculated from the annual bonus?

If we are talking about an annual bonus, and alimony payments must be calculated for a certain period, then is alimony charged on the annual bonus? The bonus for 2017 was 10,000 rubles; the person had to pay alimony from November 5 to December 31, 2017. We count the number of working days falling on such a time period (40), as well as the number of working days in the corresponding year (247). The premium at which alimony will be calculated: 10,000/247 * 40 = 1,619 rubles.

Is alimony paid from the premium?

Payers and recipients of alimony often wonder: what to do with alimony deductions from the bonus received? It’s unfortunate, but sometimes even the most experienced accountant is unable to give an unambiguous answer to this question without re-reviewing all the regulatory documentation that regulates the procedure for deductions. Most insist with great confidence that the bonus is the same income of the payer as the basic salary, and deductions must be made. Only this is not entirely true. After all, there are different types of bonuses and many more nuances that we will try to understand.

Themis on alimony calculated from bonus money

First of all, you should understand the labyrinth of laws that give the recipient the right to demand deductions from bonuses, and which, on the contrary, are inviolable.

The list of income of the alimony payer, from which alimony payments are mandatory, is strictly regulated by the Family Code of the Russian Federation.

Article 82 of the code contains a reference to Government Decree No. 841 of July 18, 1996: there is a complete list of the income of the parent who left the family, from which alimony payments are collected.

Exceptions may include several additional payments: the employee was accrued a certain amount of benefits in connection with the birth of a child or the death of someone close.

It is this Resolution (paragraph 1-i) that clearly states that “the bonuses provided for by the wage system” are the income of the payer from which alimony is mandatory deducted.

Types of incentives from which alimony is withheld

What is the wage system? Along with labor legislation, each individual enterprise has many internal documents that establish the types of income of each employee. Most often, this is the Regulation on remuneration, which all employees, without exception, are familiar with.

The deduction algorithm is very simple: if the allowance is included in the list of obligatory payments to the employee, then alimony is deducted from it in the usual manner. In the case of a one-time remuneration (for example, in honor of a professional holiday), which is not included in the document as a systematic payment provided for by internal regulations, alimony is not withheld.

Often, at enterprises, most of the wages are paid, bypassing all regulatory documents, and the recipient receives alimony only from the official salary. Isn't that fair? Yes, it’s a shame... But it’s not so easy to prove that the alimony payer is playing unfairly.

Algorithm of actions

First of all, you should find out the status of the award - one-time or systematic (regular)? To do this, you need to study the documentation:

employment contract with the employee;
regulations on wages and bonuses;
collective agreement.

This is the only way to find out whether alimony is being withheld from additional income.

Let's give an example: bonuses for an employee for special successes in work directly depend on the basic earnings, and if such a payment is in the list of mandatory ones in at least one of the listed documents, then the recipient can claim alimony from this bonus.

If the remuneration is one-time and has nothing to do with the employee’s work, it cannot be called part of the salary. This can be classified as gifts. Alimony from such a bonus will not be deducted if it is not provided for by the current remuneration system.

Bonus received for work in the past year

Organizations are increasingly encouraging employees to improve their performance through additional payments for a specific period (quarter or year). Such bonuses are almost always included in the wage system, and alimony payments are necessarily deducted from them.

Note: if the decision to pay child support came after the period for which the premium was calculated, then alimony is not paid, and if the parents divorced during this period, then alimony is partially withheld.

Are alimony payments being withheld from the bonus?

The employee, according to the writ of execution, is obliged to pay alimony, for example, from 11/01/2016. In January 2017, a bonus for 2016 was calculated in the amount of 10 thousand rubles. Accounting summarizes the total number of working days in 2016 (245) and working days in November and December (45). Ultimately, alimony will be withheld from the premium payment in the amount of 1.83 thousand rubles. (10000:245x45).

Do I need to pay alimony from the premium?

Wages (employee remuneration) - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in areas exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments). (Article 129 of the Labor Code of the Russian Federation)

Should the amount of alimony be withheld from the premium?

In addition to system bonuses, there are various one-time issuances or transfers of amounts. Let's figure out whether alimony is paid from this money.

In order not to force the creditor to study the local documents of the enterprise, the legislator directly listed part of such amounts in Resolution No. 841. Clause. "l" p.

2 of this document establishes exceptions regarding lump sum transferred money in connection with:

Withholding alimony from premiums

According to Federal Law No. 229, adopted in 2007, the bailiff has the right to seize the bank accounts and cards of the debtor. At the direction of the bailiff, banking and other credit institutions are obliged to write off funds from the debtor’s cards and accounts and transfer them to the deposit of a structural unit of the FSSP of the Russian Federation.

Is alimony deducted from the premium?

Bonuses that are in no way related to the employee’s work, for example, paid in honor of a holiday, should not be considered as part of earnings. Most likely it's a gift. Alimony will not be withheld if the payment of such gifts is not provided for in the approved wage system.

Is alimony paid from the premium?

There is also a certain by-law that allows you to determine the income from which alimony can be collected.

We are talking about the Decree of the Government of the Russian Federation “On the List of types of wages and other income from which alimony for minor children is withheld.”

The text of the act contains an indication of the possibility of collecting alimony from the premium, regardless of its type.

How is alimony from the premium deducted?

Alimony payments are due to those citizens who have legally justified reasons for receiving financial support.

Most often, the recipients of funds are minor children, if one of the parents or both does not actually participate in the upbringing and control of the child.

Withholding of funds to provide for the needs of a minor occurs from almost all types of income of the person liable for alimony, including alimony is collected from bonuses and other incentive payments to employees.

Is alimony paid from the premium?

Parents are obliged to support their children until they reach adulthood, and children must also support their parents in old age. Even if the marriage relationship between spouses has been terminated, both parents must provide financial assistance to their children. Not all people conscientiously fulfill their obligations and pay the amount for child support. Therefore, this issue is almost always resolved through the courts.

Is alimony calculated from bonus payments?

one-time bonus payments, which are not reflected in any regulatory act;
bonus payments, which are provided for by the wage system at the enterprise, usually of a regular nature;
regular bonuses, which are not fixed either in the remuneration system or in other regulations.

Withholding alimony from premiums

accruals from wages paid at tariff rates, official salaries for the duration of work, performance of work at the rates of the concluded transaction, profit from the sale of goods (services rendered or work performed), from the salaries of teachers of secondary and primary educational institutions for exceeding the norm;
accrual of financial rewards for hours worked to persons holding government positions in constituent entities of the Russian Federation, civil service positions, members of local elected bodies of self-government and elected officials of these bodies, members of permanent election commissions;
additional payment in the form of remunerations and bonuses provided for by the local wage system.

Calculate alimony from premium

In addition, every employer has the right to issue local regulations. The main condition: they must not contradict the Labor Code of the Russian Federation and other legal acts mentioned.

It is in such local acts that the rules for calculating bonuses to employees should be prescribed.

For example, the following remuneration system can be established: the employee receives some kind of salary, plus an impressive monthly bonus is paid for achieving high results.

Interesting: How to pay bailiffs through Sberbank online

Is alimony paid from the premium?

It is not necessary for the alimony payer to study whether alimony is paid from the premium. Since the transfer of finances occurs automatically. The company's accountant has the bank account number of the children's legal guardian. And during the payroll period, the employee prepares the bank for the order:

Is alimony withheld from bonuses by law?

An annual bonus is awarded to the employee at the end of the year and in most cases additional payments are provided to employees of large organizations. The conditions, procedure, terms of payment of the annual bonus, as well as the specifics of withholding alimony from this amount are prescribed in the internal acts of the enterprise.

Withholding alimony from premiums

The Family Code of the Russian Federation interprets alimony as a mandatory type of financial assistance, which should be aimed at supporting minor children. Article 82 of the RF IC establishes that the types of earnings and other income from which alimony is withheld for minor children are determined by the Government of the Russian Federation.

Alimony from bonus

Wages and other regular income paid legally. If the debtor is not officially employed, then alimony payments must be collected in a specific fixed amount. At the same time, the enforcement service has more opportunities for recovery, for example, recourse to the payer’s property;
Proceeds from the fulfillment of contractual obligations for the provision of services/works. It is very difficult to establish them if taxes were not paid on such activity or it was not formalized in a certain order;
Fees for participation in scientific or creative activities;
Pension payments;
Benefits;
Scholarships;
Various types of bonuses for length of service in the organization, the presence of certain skills, qualification levels, achievement of specific indicators, including funds associated with extracurricular work or harmful conditions;
Bonuses planned by the current labor compensation procedure.