Maximum percentage of alimony withholding from wages

The percentage of monthly alimony payments is strictly regulated by Article 81 of the RF IC. It is impossible to go beyond the maximum permissible percentage of deductions by law. An increase in deductions from wages can only be caused by the birth of another child.

Maximum amount of alimony withholding from wages

Child support is the responsibility of a parent who does not live with a minor to provide for him. The law clearly states the interest that the payer must pay, deducted from the salary.

Alimony has minimum and maximum limits for payment, while its deduction occurs from all types of income received by the payer.

When signing a voluntary agreement, the maximum limit may be exceeded, but the minimum required interest on payment for children cannot be reduced.

Download RF IC

Deductions are made from wages that have previously been subject to contributions to pension and social funds. The only exception is existing alimony debt, in which up to 70 percent of the salary can be withheld from the debtor.

But this interest threshold is extreme and is valid until the debt is fully repaid.

For one child

Having one minor, the employee is obliged to pay a quarter of his salary regularly per month until the child reaches working age.

In some cases, the time for paying child support may be extended for a certain period of time or for life if we are talking about a disabled child.

When signing an agreement between divorced spouses, the amount of payments per minor does not have a maximum amount, but has a minimum level of 25%.

For two children

If there are two children from the same or different marriages, the payer is withheld an amount equal to a third of his total monthly income. This fact is often used by payers to reduce the percentage deducted from wages.

When a second child appears in a new family, the payer initiates an application to withhold amounts from his own salary to support the second minor. Thus, it turns out to reduce expenses for the first child to 8.5%.

If alimony is assigned by agreement, the previously specified amount can only be changed by mutual agreement of the former spouses.

For three children

Having a writ of execution for three children allows you to deduct from your salary alimony equal to half of the payer’s total income. The appearance of a fourth, fifth or more children does not give the right to increase the maximum amount. The maximum amount of alimony of 50% is the maximum amount when calculating maintenance not only for children, but also for other dependents.

For my wife

The amount of alimony paid to the wife is calculated exclusively in a fixed amount of money, and not as a percentage of the salary.

But, despite this, the size of payments directly depends on the income of the payer and the level of security of the recipient. The law does not provide any specific amounts for the maintenance of an ex-wife.

Each decision made by the court on the amount of payments is purely individual and is based solely on the needs of the plaintiff and the capabilities of the defendant.

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What conditions are taken into account when calculating?

When determining the amount of alimony in court, the calculation is made only if payments are assigned not as a percentage of the salary, but in a fixed amount tied to the minimum wage. In this case, various conditions may be taken into account that affect the calculation of the maximum amount for monthly deduction:

1. The amount of the payer’s total income minus the amounts already assigned to withhold.
2. Is there a stated need for regular maintenance or does the dependent need to pay monthly for treatment or medications.

Both sides present arguments for and against, supporting them with documents. On the basis of which the court makes a final decision.

How to reduce the maximum amount - conditions

The assigned maximum is not a constant value and may be subject to change if special reasons arise. These reasons include:

• Partial disability of the defendant.
• The emergence of additional responsibilities to support one or more dependents.
• Assigning a disability group to the alimony payer.

When interest is deducted from income, a change of job and a decrease in the amounts received cannot be a reason for reducing payments.

Download the application to reduce the amount of alimony 

Holding order

Regardless of whether the deduction occurs according to a writ of execution or at the request of the employee, the employer is obliged to withhold and transfer the percentage based on the document submitted to the accounting department.

After receiving a writ of execution or an application from an employee, the accountant deducts the required amounts monthly to the recipient’s account, guided by the indicated dates and prescribed amounts in percentage or fixed equivalent.

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

Alimony in the amount of 70 percent of salary

The main income from which alimony is withheld is wages . Alimony can be withheld from the salary as a percentage or in a fixed amount, and according to the norm of paragraph 2 of Art. 99 of the Federal Law “On Enforcement Proceedings” dated 02.10.

2007 No. 229-FZ (hereinafter referred to as Federal Law No. 229), in general, monthly withholding cannot exceed 50 percent .

However, paragraph 3 of the same article has a significant clarification: if we are talking about collecting funds to pay off debts incurred for alimony in favor of minor children , the amount of deduction from the salary and other income of the debtor can reach 70 percent .

If there is an assignment of monthly alimony in favor of parents, spouses and former spouses, or other persons, the rule of clause 2 of Art. 99 Federal Law No. 229 - monthly write-off cannot be more than half (50%) of the salary.

Amount of alimony withholding

The amount of funds for monthly deduction from the person liable for alimony will directly depend on the method of their assignment:

1. Shared withholding of funds is possible when collecting alimony in favor of minor children and is carried out according to the rule of Art. 81 of the Family Code (SC) of the Russian Federation):
2. Collection of funds in a fixed amount of money (according to the rule of Article 83 of the RF IC) is used to assign alimony for children, parents, and other needy persons.

In the first case (when collecting funds as a share (percentage) of income), the percentage of withholding established by the court will be written off monthly from the person liable for alimony. In the second case, the payer will be charged a fixed amount every month, specified in the writ of execution (agreement).

If the payer does not have alimony debt, monthly payments from wages as a share of income or a fixed sum of money will be written off from him strictly in the amount established by the writ of execution: write-offs in a larger or smaller amount are unacceptable.

However, payers of alimony in a fixed amount should take into account the fact that the fixed amount is subject to quarterly indexation - an increase in proportion to the increase in the cost of living for the socio-demographic group of collection in the region where the funds are allocated (Article 117 of the RF IC). Therefore, the once “fixed” alimony payment will gradually increase in order to keep up with the increase in consumer prices.

In what cases can you deduct 70 percent from your salary for alimony?

Sometimes the payer may be faced with the fact that instead of the expected amount of wages, he receives only 30 percent of it; 70 percent goes to alimony in favor of the claimant. Most debtors do not agree with this state of affairs and seek to appeal the actions of the enterprise’s accounting department or the decisions of bailiffs.

If we are talking about allocated funds for the maintenance of a minor child (children), in accordance with clause 3 of Art. 99 Federal Law No. 229, writing off alimony in the amount of 70 percent is completely legal.

A salary deduction of 70% is possible only in the following cases:

1. Availability alimony debt – this is the main reason why the debtor’s income may be subject to a 70% write-off in favor of the minor recipient.Example. Yuri Ch., being a working person, received a salary and transferred 1/4 of the income for the maintenance of his son to his ex-wife. Having lost his job, Yuri was officially unemployed for about six months, i.e. hid his earnings by working without registration. During this period, Yuri incurred alimony debt, which was calculated by the bailiff based on the average salary in the Russian Federation (clause 4 of Article 113 of the RF IC). Having taken a new official job, Yuri’s first salary was withheld in the amount of 70% by order of the bailiff in favor of the child in order to pay off the alimony debt.

   It should be noted that 70% withholding from any income known to the bailiffs will continue until the debt is completely eliminated.

2. Obligations to pay child support in favor of three or more children, if the children (or one of them) have developmental disabilities (disabilities). According to the regulations of Art. 81 of the RF IC, alimony for three or more children is assigned at 50% of earnings or other income, however, if the children (one of them) have a disability, a large amount may be withheld for the maintenance of such a child, while other children should not be disadvantaged in maintenance . In such a situation, the courts carefully examine the financial capabilities of the payer - leaving him without a livelihood by withholding 70 percent of his earnings is also unlawful.

Could collecting 70 percent of alimony be illegal?

In enforcement alimony proceedings, as in any other, there may be various incidents - therefore, errors in withholding funds are not excluded , entailing a violation of the rights of not only claimants, but also their payers.

Often, when alimony amounts are illegally written off, there is a human factor and mechanical failures in the operation of banking and accounting systems. Most often, errors when withholding alimony can be made by officials - a bailiff or an accounting employee.

If alimony was written off in the amount of 70 percent of income, and the person does not have alimony debt and was not summoned to court in a lawsuit to change the amount of alimony, writing off funds in such an amount can and should be considered illegal.

To find out the situation of illegal withholding of alimony or the emergence of grounds for such withholding, the payer of the funds must:

1. Contact the accounting department at your place of work and familiarize yourself with the documentary basis for such withholding of funds (as a rule, this should be a resolution of the bailiff, since the accountant does not have the right to independently change the existing procedure for withholding alimony. The only exception is the indexation of a fixed sum of money).
2. Contact the bailiff conducting the proceedings with a request to familiarize yourself with the materials of the enforcement proceedings. The case file must contain a bailiff's order ordering a 70% withholding of funds and the basis for its issuance.

In the case when the withholding of alimony in such an amount was made erroneously, the funds paid to the claimant remain with him in full, and the return of the excessively withheld alimony to the payer is carried out by the person who made the mistake (Article 116 of the RF IC).

How to reduce alimony in the amount of 70%?

A way out of such a situation exists only for those debtors whose debt arose in the absence of their fault , i.e. unintentionally.

“Good” reasons for the formation of alimony debt include:

1. Force majeure circumstances, difficult life situations (the payer is in an area of ​​military or natural disasters, loss of property due to flood, fire).
2. Serious illness of the payer or his close relatives (children, parents, spouse), requiring significant material investments, supported by documents.
3. The appearance of new dependents on the debtor, associated with a difficult financial situation (for example, the birth of a disabled child, or twins and triplets, into a new family, the burden of a disabled parent, etc.).

If there are good reasons for the formation of alimony debt and the possibility of documenting them, the debtor has the right to apply to a magistrate's court with a claim for full or partial relief from payment of the debt in accordance with Art. 114 RF IC.

A sample application to reduce the amount of alimony debt can be downloaded from the link.

A statement of claim of such content must have sufficient documentary support - i.e. actually confirm the lack of intentionality in creating the debt. If the court finds the arguments presented convincing, the plaintiff can count on a reduction or cancellation of the debt, but monthly alimony payments will continue to be written off until the child reaches adulthood.

Withholding of alimony from wages in 2018

To withhold alimony from wages in 2018, a copy of the writ of execution is suitable. But only if this document was sent by a bailiff. Otherwise, ask for the original.

When calculating alimony, please note that there is a deduction limit of 50 percent. Also in 2018, companies must index alimony payments based on writs of execution received from bailiffs. See the article for examples of calculations.

When deducting alimony from wages, the following are used:

Grounds for withholding alimony from wages

The accountant begins to deduct alimony from wages when he has a writ of execution in his hands (Article 12 of Law No. 229-FZ),

• a writ of execution issued by the courts on the basis of a judicial act;
• court order;
• a notarized agreement on the payment of alimony or a notarized copy thereof;
• order of the bailiff.

If the original of the writ of execution is lost, the basis for withholding is a duplicate issued by a court, other body or official.

Please note: if you receive a copy of the writ of execution from the bailiff, withhold alimony based on this document. This is what the new rules from Part 3 of Law No. 229-FZ say.

Glavbukh System experts explain how an accountant can work with writs of execution

Ivan Shklovets answers:

Deputy Head of the Federal Service for Labor and Employment

“A writ of execution can be received by an organization in two ways. Firstly, from the bailiff by mail. Secondly, from the claimant himself, for example from the ex-wife of an employee with a demand to pay alimony. Notify the employee against signature that he has received an executive document (letter of Rostrud dated December 19, 2007 No. 5204-6-0).

If the writ of execution is sent by mail, then along with it will come......"

From the recommendation of the GlavAccountant System “How to formalize deductions from wages according to executive documents”

Withholding of alimony from wages under a writ of execution in 2018

Enforcement documents containing demands for the collection of periodic payments are allowed to be presented during the entire period for which the payments are awarded, as well as within three years after the end of this period (clause 4 of Art.

21 of Law No. 229-FZ). A three-year period is allotted for withholding the debt for alimony from wages, preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony (clause 1 of Art.

113 of the Family Code of the Russian Federation).

Received decisions of the bailiff and copies of enforcement documents are registered in a special journal and transferred to the payroll accountant against signature.

It is recommended to store executive documents as strictly accountable documents - in safes (Appendix No. 1 to the Methodological Recommendations of the FSSP of Russia).

Deduction of alimony from wages at the request of an employee

To voluntarily transfer alimony from wages, employees write a statement indicating the amount and details of the recipient.

If the organization receives a writ of execution or a notarized agreement to pay alimony, these requirements will be satisfied first of all, and the employee will be informed about this (Article 109 of the Family Code of the Russian Federation, Article 98 of Law No. 229-FZ, letter of Rostrud dated December 19, 2007 No. 5204-6-0).

The employee will stop paying alimony on his own initiative whenever he wants. To do this, he must write a new application asking not to withhold income from a certain date.

New rules for deducting alimony from wages

Let's look at the procedure for deducting alimony from wages: when and what amounts to deduct.

Experts from the Glavbukh System warn that regardless of the number of enforcement documents received by an employee, the maximum amount of deductions is limited to 50 percent of his monthly income. To calculate deductions, use income that is reduced by the amount of personal income tax.

If half of the employee's monthly income is not enough to pay off the entire amount of the debt, keep the remainder in the following months. When you hold a debt under several enforcement documents, follow the order of repayment of claims.

Examples were given by the Deputy Head of the Federal Service for Labor and Employment.

How to calculate alimony from salary

Withholding of alimony from wages and other income of the debtor in accordance with the requirements contained in the writ of execution begins from the day the document is received. If the document arrives late, alimony is collected from income accrued after the date specified in the writ of execution. In other words, child support must be withheld for previous months.

Before calculating alimony from your salary, look at what income is allowed to be withheld for these purposes.

All types of wages and additional remuneration are used to pay alimony in accordance with List No. 841.

This is income from the main place of work and part-time work, in cash and in kind. The types of income from which alimony is not withheld are specified in Article 101 of Law No. 229-FZ.

Based on the writs of execution, the accountant determines the maximum amount of alimony withholding from the salary. They can be withheld as a percentage (shares) of the employee’s income or in a fixed amount of money (the average monthly salary will not be needed to calculate alimony).

When paying alimony according to the law, the percentage of the salary depends on the number of children (Article 81 of the Family Code of the Russian Federation):

• 25 percent - per child;
• 33 percent - for two children;
• 50 percent - for three or more children.

Alimony in a fixed amount is indexed (Article 117 of the Family Code of the Russian Federation). For this purpose, the subsistence minimum established at the place of residence of the alimony recipient for the corresponding socio-demographic group (for children) is applied.

If a constituent entity of the Russian Federation does not have the specified value, alimony is indexed in proportion to the increase in the cost of living for the corresponding socio-demographic group of the population as a whole in the Russian Federation.

The indexation procedure is set out in the letter of the FSSP of Russia dated December 21, 2011 No. 12/01-31164-AP.

If alimony is paid by agreement and the indexation procedure is specified in it, then it is this that is applied (Article 105 of the Family Code of the Russian Federation).

Example . Calculation of alimony deduction from wages (flat amount)

A.S. Kondratyev pays alimony by court decision. The writ of execution was received by the organization in October 2017. The recipient of alimony (Kondratiev’s ex-wife) lives in Voronezh.

The court determined the amount of alimony in a fixed amount collected from Kondratyev for the maintenance of children as twice the minimum subsistence level established in the Voronezh region for children, that is, 16,180 rubles.

per month (RUB 8,090 × 2).

The procedure for deducting alimony from wages is as follows:

Debit 70 Credit 76 subaccount “Settlements based on writs of execution” – 16,180 rubles. – alimony was accrued to A.S. Kondartyev. for (month, year).

Important! Courts rely on the average salary in the Russian Federation to calculate alimony when they do not have data on the real income of the parent.

Maximum percentage of alimony withholding from wages

According to paragraph 4 of List No. 841, alimony is collected after personal income tax is withheld from the employee’s income.

Clause 2 of Article 99 of Law No. 229-FZ provides for a maximum amount of deductions. When there are several enforcement documents, the percentage of alimony withholding from wages cannot be more than 50.

This restriction does not apply when collecting arrears of alimony for minor children. In this case, the amount of deductions cannot exceed 70 percent of income (clause 3 of Art.

99 of Law No. 229-FZ).

Let's look at how to withhold alimony from your salary using an example (below). It will be easier if you use new calculators to calculate deductions.

Example: Calculation of alimony from wages

On October 3, 2017, the accounting department received a writ of execution stating that Sokolov V.R. has been paying child support since July 10, 2017. The amount of deduction is 25 percent of income. Sokolov’s salary is 25,000 rubles.

First, the accountant determined how much money Sokolov earned minus personal income tax for July 10–31, August and September. The result was 60,617.62 rubles. (RUB 69,047.62 - RUB 1,400 × 3 months - 13%). Thus, the alimony debt as of October 3, 2017 amounted to 15,154.40 rubles. (RUB 60,617.62 × 25%).

For September, Sokolov was credited with 25,000 rubles. Personal income tax on this amount is 3,068 rubles. ((RUB 25,000 – RUB 1,400) × 13%). In hand - 21,932 rubles. (25,000 – 3068). Of this, alimony for September is 5,483 rubles. (RUB 21,932 × 25%).

By November, Sokolov’s alimony debt will be reduced to 5,285 rubles. (15,154.40 – 9869.40).

• Since alimony is withheld from the salary, the postings will be as follows:
• Debit 44 Credit 70 – 25,000 rub. – Sokolov’s salary for September was accrued;
• Debit 70 Credit 68 subaccount “Personal Income Tax Payments” – 3068 rubles. – personal income tax for September was withheld;
• Debit 70 Credit 76 subaccount “Settlements based on writs of execution” – 5483 rubles. – alimony payments were accrued for September;
• Debit 70 Credit 76 subaccount “Settlements based on writs of execution” – 9869.40 rubles. – alimony has been accrued to pay off the debt for the past months
• All postings on salary deductions>>

If the employee has received several writs of execution, first of all the requirements for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, as well as claims for compensation for moral damage are satisfied (Article 111 of Law No. 229-FZ). If the amount collected from the debtor is insufficient to satisfy the demands of creditors of one priority, the debts are repaid in proportion to the amount due to each claimant.

When to transfer alimony from salary

Alimony is withheld only when the debtor actually receives wages for that period. The period for payment of alimony after salary is three working days from the moment when the employee’s income is paid. In this case, the manager’s order to withhold and the employee’s consent are not needed.

For the deadline for transferring alimony, see the Family Code (Article 120). It says here that the alimony obligations established by the agreement are terminated by the death of one of the parties, the expiration of this agreement, or on the grounds established by the agreement.

Payment of alimony collected in court is terminated:

• upon the child reaching the age of majority or in the event that minor children acquire full legal capacity;
• upon adoption of a child for whose maintenance alimony was collected;
• when the court recognizes the restoration of working capacity or the cessation of the need for assistance of the recipient of alimony;
• when a disabled ex-spouse who is the recipient of alimony enters into a new marriage;
• in the event of the death of the person receiving alimony or the person obligated to pay it.

The accountant also ceases to withhold alimony if one of the events occurs (Part 4 of Article 98 of Law No. 229-FZ):

• the employee has repaid the debt;
• the claimant filed an application to stop the withholding;
• The bailiff issued a resolution to terminate (end, cancel) the execution.

When dismissing (transferring to another organization) an employee paying alimony, the employer is obliged to immediately notify the bailiff and (or) the collector about this and return to them the writ of execution with a note about the penalties made, as well as about the new place of work or residence of the debtor, if it is known (clause 1 of article 111 of the Family Code of the Russian Federation, clause 4 of article 98 of Law No. 229-FZ).

In the note on deductions, the accountant indicates: the amount of deductions, the amount withheld, the number of the payment order (receipt), the date of transfer, the balance of the debt.

The deduction note is certified by the seal and signature of the accountant (letter of the FSSP of Russia dated June 25, 2012 No. 12/01-15257).

  If the writ of execution does not have space for a detailed note about withheld alimony, this information can be stated in a covering letter.

The general rules of deductions from salaries are explained by experts from the Higher School of the Chief Accountant

You can download the full lecture in the “Accounting” program in the “Employee Payments” course.

How to transfer withheld alimony

Amounts collected for alimony payments can be transferred to the collector by mail or to a bank account.

When alimony is transferred by mail, on the back of the coupon for the postal order in the section “For written communication” the month for which alimony was collected, the number of working days worked by the debtor, the amount of earnings, personal income tax, calculation of withheld alimony, as well as alimony arrears are indicated.

The organization's expenses for the transfer of alimony are withheld from the payer's wages (Article 109 of the Family Code of the Russian Federation).

In order to receive alimony from the organization's cash desk, the claimant is required to submit a written application to the accounting department. Based on the application, it is also allowed to change the bank details of the alimony recipient and his address.

What are the consequences for mistakes when transferring alimony?

The bailiff, at the request of the claimant or on his own initiative, has the right to check the correctness of the withholding and transfer of money according to enforcement documents (Article 12 of the Federal Law of July 21, 1997 No. 118-FZ, clause 16 of Part 1 of Article 64 of Law No. 229 -FZ).

If an organization does not comply with the legal requirements of the bailiff, provides false information about the debtor’s property status, has lost the writ of execution or sent it late, a fine is established for this: for officials - from 15,000 to 20,000 rubles.

, for legal entities – from 50,000 to 100,000 rubles. (Clause 3 of Article 17.14 of the Code of the Russian Federation on Administrative Offenses). For malicious failure to comply with a court decision or other judicial act, as well as obstruction of their execution, the responsible persons of the organization are brought to criminal liability (Art.

315 of the Criminal Code of the Russian Federation).

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Maximum percentage of alimony withholding from salary

The issue regarding the amount of alimony and its payment in general is a pressing issue for Russian society. Since there is no clearly defined amount that would fully meet the child’s needs. At the same time, each parent takes into account only his own interests, with absolutely no interest in the needs of others.

Any citizen faced with this problem knows that the amount of the withheld amount from the salary in favor of the child will be calculated as a percentage of its official volumes, which are often insignificant.

All this makes it possible for many payers to avoid large deductions for alimony. After all, it is possible to receive part of your salary in an envelope or use other tricks to reduce financial losses.

Recipients of funds whose children are retained in this case face many difficulties, since they have to resolve all financial issues on their own.

In such a situation, both parties are faced with the pressing issue regarding the maximum percentage of alimony withholding from wages, the decision of which entirely depends on the legislator.

The legislative framework

The issue regarding the minimum and maximum amount of alimony is regulated on the basis of regulatory legal acts of Russia. Which include the following:

• Art. 81, 83 and 103 of the RF IC of 1995 regarding the amount of alimony, its fixed monetary amount and the volume of payments, all parameters were determined by mutual consent of the parents. In general, the Family Code considers many issues of interaction between parents and children, including the material side.
• Art. 99 Federal Law “On Enforcement Proceedings” of 2007 regarding the maximum amount of forced deduction of alimony from the payer’s wages in court.
• Decree of the Government of the Russian Federation No. 841 of 1996, indicating the income from which the calculation of funds in favor of alimony is available and provides a detailed list of financial income that is not subject to collection.
• Art. 212 and 220 of the Tax Code of the Russian Federation indicating certain calculations of tax fees and alimony in appropriate circumstances in which the payer has the right to count on a tax deduction.

Maximum amount of alimony

In the process of determining the total amount to be paid in person, it is necessary to take into account that:

• The maximum percentage of alimony withholding from the payer's earnings is 50%; a deduction of 70% is available if there is arrears of alimony.
• It follows that the person paying alimony must have at least 30% of his official earnings left for living expenses, even if he is a debtor for alimony.
• Taking into account this rule and choosing the calculation method, you can begin to determine the maximum amount of alimony.

By court decision - as a percentage of wages

According to the court decision, if there are minor children in the family, an amount as a percentage of the salary is deducted from the earnings of the payer who has a stable official income.

When determining percentages, the number of children is taken into account:

• if the child is alone, then the fourth part is deducted - 25%,
• if there are two children, the third part is 33%,
• If there are three or more children, the maximum amount of alimony is subject to deduction of 50%.

It follows that, by court decision, a maximum amount of no more than 50% can be deducted from the alimony payer’s salary. Provided that the citizen is not a debtor to pay alimony.

When the payer has not one child, but several, and in different marriages, the deductible total amount of alimony can exceed 50% of the salary.

For example, if a man has two children in his first marriage, and one in his second. He does not live with both families, while the children live with their mothers.

In total, it turns out that 58% must be deducted from his salary, which exceeds the maximum established by law. To avoid such a fate, the payer must file a claim to reduce the amount of alimony in court.

By court decision - in a fixed amount

The application of a monetary penalty in a fixed amount occurs when the father has unemployed status, his income is unstable or in foreign currency. Today this option is the most common.

The size of the fixed amount and the method for determining it are not specified by law.

Each case is individual and the court takes into account many factors when determining the amount of alimony payments.

First of all, the interests and needs of the child are taken into account . After which the father’s financial condition is studied in detail - income level, availability of loans, number of dependents on his shoulders.

In addition, his physical data also play an important role - his state of health and the ability to work fully, the health of his parents, living and material conditions.

This option has its advantages for both parties - it is the opportunity to apply for a revision of the amount if any changes occur in the lives of citizens, for example, health problems, deterioration / improvement of living conditions, decrease / increase in income.

Under an alimony agreement drawn up voluntarily

There are no limits to the maximum amount of alimony payments if the parents have amicably agreed on specific assistance from the parent who left the family.

In this case, the size can be set to any size, but not lower than that specified by the legislator, in order to fully meet the child’s needs. However, it can be varied, as can the timing of its payment. When determining the amount of payment, one should also not forget about the interests of the payer, since he must still have means to live.

• In order for the recipient of the money in this case to have legal protection, the agreement reached must be documented and certified by a notary, then such an agreement will receive legal force.
• In case of non-payment of funds or systematic evasion of the fulfillment of obligations undertaken by the payer, the recipient has the right to recover the amount through the bailiffs.
• For the payer, documenting the agreement also has advantages, since it will not be possible to claim more funds from him before the agreement is revised.

Factors influencing the amount of alimony

From all the examples given, it is clear that the maximum amount of alimony in the unchanged version is not determined by the legislator.

Any of the listed methods indicates that the court, in determining the interest rate, takes the official income of the defendant as a basis and calculates a maximum of 50% from it.

In the case of a fixed amount, the maximum that the defendant receives per month is also taken into account.

The final amount of payments specified in the court ruling will be determined taking into account all the factors considered at the meeting.

These are the following circumstances:

1. Marital status of the parties
   If a man has already managed to acquire a new family in which there are children or elderly parents remain in his care, the court will take into account these circumstances.
2. Health condition
   The circumstances of the defendant’s life have developed in such a way that he has become disabled and cannot fully fulfill his obligations. Then he has the right to go to court with a request to reduce the amount of payment.
3. Change in the level of income of the parties
   There are several options for the development of events, it all depends on which direction the profitability changes:

• if the father’s income has increased and, according to the existing percentages, contributions in favor of the child are very high, then the court can reduce the interest below the maximum limit established by law;
• in this case, the recipient has the right to challenge such a decision, based on the fact that the child has grown up, he needs to enter a university or other educational institution and the funds contributed by the father are not enough.

1. The minor child has his or her own income

For example, the child owns a rental property or receives interest income from the deposit. Then the father has the right to petition the court with a request to review the amount of alimony. But this option also has a downside, since he is obliged to pay the minimum established by law for child support.

The court will consider all of the above cases and many other nuances before determining the amount to be paid to retain the child. When one of the parties applies again, any changes in the life and income of citizens will also be taken into account.

Reducing the amount of payments

If the payer of the maximum alimony has life circumstances in such a way that it is necessary to reduce the amount. He has the right to go to court, but he must have one of the good reasons as an argument and draw up the documents correctly.

Reasons for reducing payments:

1. Disability – as a basis, the debtor must have a disability of group 1 or 2, documented, the need for additional expenses for treatment and outside care.
2. Profitability – for a child who is entitled to alimony, the presence of an enterprise, an apartment for rent, shares, securities, work activity.
3. The payer has dependents in the form of young children, elderly parents or disabled people, a non-working wife and other persons whom he, according to the law, must provide for.
4. Children from different women - then each of them claims to receive payments in the amount of 25%, while according to the law, for two children the father must pay a maximum of 33%.
5. The father has a very large income - then the payments are so high that he fully provides for the child’s needs and there are funds left over.
6. There is a significant decrease in the payer’s income level , and he is unable to pay even the minimum for the child.

Documentation of the reduction

For changes to have adequate consequences, they must be formalized correctly. To do this, you need to complete the following steps:

1. In the event of an amicable agreement, discuss everything with your opponent and make adjustments to the agreement, and then have the new document certified by a notary.
2. If the amount of alimony was established in court. If there is a need to make changes, you must submit an application to this authority and initiate consideration of the case in connection with the changed circumstances.

Percentage of alimony withholding from wages

Both a percentage of wages (in most cases we are talking about a small “white” wage, from which it is not a pity to withhold even 50%), and a fixed amount, which must be a multiple of the cost of living (this means that it can be 0 ,1 PM, or maybe several PM) are only a guideline for the court.

Maximum percentage of alimony from salary

Responsibility for the correct calculation, timely deduction and transfer of alimony lies with the management and accounting department at the place of work of the alimony payer.

The bailiff has the right to check how correctly and timely alimony is calculated and withheld.

To do this, he can submit a corresponding request to officials of the enterprise or institution where the alimony payer works.

How is alimony deducted from wages?

It happens that before the alimony agreement was drawn up or the writ of execution was formed, the payer already had obligations to pay alimony (and they were not fulfilled).

Alimony for the period between the moment such an obligation arises and the moment of its legal collection is subject to collection, but no more than 3 years before the possibility of its legal collection arises.

And if the debtor evaded paying alimony intentionally, then for a period of any duration, starting from the moment the obligation to pay alimony arose.

Calculation of alimony from wages and the procedure for their deduction

Suppose that in May 2018, an employee was accrued a bonus for the 1st quarter (January-March) in the amount of 10,000 rubles, alimony should not be withheld from this amount, since the bonus was accrued for the period in which the employee had no obligation to pay alimony.

The procedure for calculating and withholding alimony

Child support is the responsibility of a parent who does not live with a minor to provide for him. The law clearly states the interest that the payer must pay, deducted from the salary.

Alimony has minimum and maximum limits for payment, while its deduction occurs from all types of income received by the payer.

When signing a voluntary agreement, the maximum limit may be exceeded, but the minimum required interest on payment for children cannot be reduced.

What is the maximum percentage of alimony that can be withheld from your salary?

In itself, the amount of monthly alimony deductions cannot change either up or down without the payer or recipient filing a lawsuit to change the amount of alimony or the method of assigning it under Art. 119 RF IC.

The only exception is alimony in a fixed amount (hereinafter referred to as TDS), which is subject to quarterly indexation in proportion to the increase in the cost of living for the child in the region of his residence (i.e.

When the cost of living increases, the TPV will also increase each time).

Interesting: How to attach shoulder straps to the new bailiff uniform

The maximum deduction of alimony from wages is 70% - how to live with it

When deducting from wages under several executive documents, the employee must retain 50% of the wages.

The restrictions established by this article do not apply to deductions from wages when serving correctional labor, collection of alimony for minor children, compensation for harm caused to the health of another person, compensation for harm to persons who suffered damage due to the death of the breadwinner, and compensation for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70%.

Withholding alimony from wages (memo to an accountant)

It can also be a written complaint to administrative authorities about the action or inaction of an official, as a result of which the amount of the debt was established. Such a complaint can be filed within 10 days after the decision is made.

Withholding arrears of alimony from wages - percentage, procedure and rules

The employing organization must provide the employee with deductions in the total amount of 5,800 rubles. for the first and second child - 1400 rubles each. and for the third child - 3,000 rubles. (Clause 4, Clause 1, Article 218 of the Tax Code of the Russian Federation). The order of birth of children is determined by the dates indicated in the birth certificates.

Calculation of alimony withholding from wages

It should be remembered that legislation changes quite quickly, so some provisions become outdated over time. To obtain complete up-to-date information, you should seek help from specialists. In addition, all cases of accrual of money are always individual, and the parameters of the benefit depend on the presence or absence of many additional factors.

The amount of child support is the maximum percentage of deductions for one or more children.

Upon receipt of the writ of execution, the accountant responsible for paying alimony must register the document in a special journal, fill out and send the counterfoil to the bailiff, and also familiarize the employee with a receipt with the contents of the writ of execution.

Interesting: How to write an explanatory note to the bailiff service

Procedure for deducting alimony from wages

Collection on the sheet is made for the minor daughter in the amount of 25% of earnings. The executive document regulates the start date of collection - February 18, 2018. It is necessary to calculate alimony for the period from February 18 to April 30, 2018.

Withholding of alimony from salary

- disabled, needy spouse; - wife during pregnancy and for three years from the date of birth of a common child; - a needy spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I (Article 89 of the RF IC).

Maximum percentage of alimony withholding from wages

What is the maximum percentage of alimony withholding from wages? This is a very pressing issue that interests many citizens. If we turn to the norms of family law, we can see that for the maintenance of three or more children, up to half of all income is withheld from the payer (i.e., 50% of earnings).

But, in certain cases, the amount of deductions can be even higher (up to seventy percent). This is typical for those situations where the alimony payer has not transferred funds for the maintenance of his children for a long time and he has accumulated arrears in enforcement proceedings.

In such a situation, the bailiff makes a decision to withhold 70% of the funds from the earnings of the irresponsible parent to pay the alimony debt.

Maximum percentage of alimony withholding from wages

• payments related to injuries at work;
• compensation for wear and tear of personal tools used for work purposes;
• money given to an employee to compensate for his travel expenses or expenses when moving to work in another area;
• benefits of a social nature, not related to work: for the funeral of a relative, at the birth of a son or daughter, if the employee suffered from a natural disaster.

Withholding of alimony from wages under a writ of execution in 2017: examples of calculation

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Maximum percentage of alimony withholding from wages

The law establishes a number of restrictions for the collection of alimony. The reason for this approach is the need to take into account the interests of the payer. If the amount of deductions exceeds the stipulated limit, the parent will not have money left to meet his own needs.

Let's figure out what the maximum percentage of alimony withholding from wages is, and also determine the maximum amount of payments for various situations.

The maximum amount of alimony depends on a number of factors.

• Number of children. The more there are, the larger share of earnings you can withhold.
• Timely payment of alimony payments. If the father or mother has a debt, it must be paid off along with the fulfillment of current obligations.
• The need to pay additional maintenance.
• The presence of an agreement or court document on the basis of which payments are withheld in a fixed amount.
• Financial situation of the debtor.

Payments of a certain share of earnings in favor of children are provided for in Art. 81 RF IC. This rule establishes a basic, not maximum, amount of alimony. It amounts to:

• 25% of income for one child;
• 1/3 of earnings for 2 children;
• 50% for three children or more.

In this case, the court can either reduce the specified payments as a percentage or make them higher if it determines that there are grounds for this. The reasons may be:

• high income of the payer, when the provided share of the salary is sufficient to support minors;
• low earnings, at which the maintenance transferred to three children may exceed 50% or be less than this share;
• If a parent or a loved one has disabilities or health problems, the recovered share often becomes lower.
• cohabitation of the debtor with other dependents.

The maximum amount of alimony, if voluntarily transferred by the parent himself, can be 100% of earnings, especially for three children. This happens when a citizen has several sources of income and the relationship with the ex-wife is not conflicting and she does not intend to file lawsuits.

Art. 89 of the RF IC provides for cases when a spouse is obliged to support his ex-wife.

• Funds are paid during the pregnancy of a common child and until he reaches 3 years of age.
• A disabled spouse who is in a difficult financial situation has the right to receive maintenance. We are talking about cases where the inability to work manifested itself during marriage or within a year after its dissolution.
• Alimony is due to a wife caring for a common child who has a disability and needs financial support.

Consideration of cases for the collection of alimony at the request of an ex-wife is not uncommon. Judicial practice takes into account not only the status of the potential recipient of funds, but also the capabilities of the defendant.

If the debtor does not pay child support voluntarily, the recipient has the right to turn to bailiffs or transfer documents to the accounting department at the parent’s place of work. Collection will occur on the basis of a notarial agreement, court order or decision.

The maximum percentage for compulsory deduction of alimony from wages is determined by the provisions of Art. 99 of the Law on Enforcement Proceedings. It provides the following rules:

• the basis for calculation is earnings from which taxes are paid;
• the maximum permissible share of income used to pay for the maintenance of minor children is 70%;
• if the funds are due to the ex-wife, then the maximum percentage of alimony is 50.

There are a number of reasons why such a high share may be recovered. Despite the presence of restrictions, in particular, payments addressed to three minors and alimony for two children (50 and 33%, respectively), such cases are not uncommon. In addition to cases of forced collection of funds for additional expenses and repayment of accumulated debt, they include:

• the need for simultaneous payments to children and ex-wife;
• establishing a monthly fixed payment (in such cases the court does not determine how much interest will have to be transferred), which exceeds half of the citizen’s income.

All alimony payers need to know that the shares of collected earnings established by the RF IC (25, 33 and 50%) are not final. The actual maximum amount of withholding funds for the needs of minor children is determined by the legislation on enforcement proceedings and is 70%.