Is child support paid from lottery winnings?

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04.06.2022

1/3 of all types of income

I want to officially get a divorce, how to do this?

How will the division of property occur when a husband and wife divorce if two children remain with their mother?

I have two children my husband and I are not divorced, can I apply for child support AND FOR MYSELF?

alimony To collect alimony in a fixed amount, do you need the consent of the husband for this amount?

http://otvet.mail.ru/question/16833810/ - here is my answer and Zherebtsova’s commentary to it. Basically, that's all you need to know.

I want to divorce my husband, he does not agree. How to file for divorce?

Absolutely none.. Only children ..

Alimony What is the minimum amount of alimony if the ex-husband does not work?

Surely this is Ukraine. I looked at their legislation, this is possible there. Reduction only through court.

about alimony . In what cases is child support if the child turns 18?

I `m a pensioner. I have alimony . 70% of pension is deducted. Is this legal? How should I live?

How did your children ?

Is alimony from monetary winnings, for example, from the lottery?

If you win the lottery, do you have to pay child support?

Is alimony paid from winnings?

Their source can be either labor activity or any other income. The list looks like this:

In addition, even funds classified as compensation are subject to alimony payments:

Is alimony paid from winnings?

Is it possible to collect alimony from lottery winnings?

But this is very difficult work, and you need to be prepared for the fact that it will lead nowhere. However, you can help the bailiffs.

Is alimony taken from lottery or gambling winnings?

• Certain types of games are regulated by special laws on a particular game.
• Basic conditions of the lottery:
• Citizens are issued a document that allows them to take part in the procedure.

Is lottery winnings included in child support?

Alimony from lottery winnings is not paid in a fixed amount, because

This method of receiving funds does not apply to either the main or additional income of the alimony payer.

Is alimony deducted from winnings?

As far as I understand, I am not being charged.

Is alimony based on lottery winnings?

1. Parents' responsibilities include:
2. Evgeniy Don't gamble and you won't have to share.
3. Saigid The wife has the right to EVERYTHING!

And for winnings, and for a salary, and for a nest egg... FOR EVERYTHING. to our regret…. Damira We need to read the legislation.

The court will decide: we divide the lottery winnings

Summary:

Arbitrage practice

• 1. If you are legally married
• 1.1 A man won an apartment in the lottery
• 1.2 A man bought a lottery ticket when he was still legally married, but then got divorced
• 2. If you have dependents
• are entitled to a portion of the winnings
• And finally - a certificate of payment of tax on winnings:
• - winnings from 4,000 to 15,000 rubles imply filing a declaration and paying the tax yourself
• - winnings over 15,000 rubles: tax will be withheld and paid by the lottery organizer.

Alimony for winning the lottery

Do I need to pay alimony from lottery winnings?

What income is taken into account

1. The first category includes:
2. In addition, alimony is also withheld from the following income:
3. There are no exceptions to income from:
4. Alimony is also alienated from the following compensation payments:
5. Even the money that a worker receives for additional food is taken into account when deducting alimony.

Why is alimony not charged?

It is expressly prohibited to take into account the following income when calculating the amount of alimony:

Also, money will not be deducted from financial assistance issued on the occasion of:

• marriages;
• birth of a child;
• death of a relative;
• natural disaster.

Winning the lottery

Thus, the legislation determines that the contract is recognized as concluded after the issuance of:

• lottery ticket;
• receipts;
• any other type of document (if provided for by the rules).

The winner receives his prize in kind, and in the future can dispose of it at his own discretion.

Is child support paid from lottery winnings?

Parent's obligation to pay child support

In theory, parents are required to carry out their missions voluntarily.

Both mom and dad are obliged to:

What income is alimony levied on?

Alimony can be paid in various ways:

With percentage deduction, the situation is different, because these collections are floating and depend directly on two indicators:

• number of minor children;
• the amount of monthly income.

• The articles of the Family Code strictly establish the percentage limits that must be paid for minor dependents:
• You cannot withhold the required percentage on benefits from the following income:
• Alimony allowance is formed from the following income:
• The vastness of the clauses provides for the need to control collections in order to prevent incorrect calculations.

Is it possible to deduct alimony from lottery winnings?

Do I need to pay alimony from winnings in the lottery, poker and other gambling games?

Features of paying alimony from a cash prize

This also applies to real estate, dividends, and equity shares.

Let's give a clear example.

Winning the lottery as a way to make a profit

Winning the lottery and alimony

Who knows - from winning money in the lottery, having paid income tax to the state, whether it will be legal to withhold alimony

Alimony is withheld from ALL types of earnings and income

Come on, you! Still a cub!

Certainly. Alimony must be withheld from ALL types of INCOME, including winnings from the lottery (and even from slot machines).

Alimony is paid on ALL types of income

No, (see Post. Law of the Russian Federation dated July 18, 1996 N 841), so only at your request.

How many people have so many opinions, although everyone seems to be a lawyer?

Do I need to pay child support from lottery winnings?

1. Well, a child always needs.
2. So this is your child, feed it if you want, don’t feed it, father
3. Yes, alimony is paid from any income, even if you sell your kidney

Tell all the amateurs here more. . You'll be as naked as a falcon...

Is alimony paid from monetary winnings, for example, from the lottery?

No. Only from the place of work. From off. salaries.

Yes! It's called a tax! =)

• Unless the newspapers talk about your winnings.
• No, alimony is calculated exclusively from systematic earnings.
• No, this is not income.
• A vyigrysch nad soree investiovatj vo 4t-to prijatoe

My husband is selling his room and also owns an apartment. Should he pay alimony from the sale?

Let him sell, but he won’t get rid of alimony using this method!

Why did it happen?? ? Alimony is paid from earnings!

No!! ! They can deduct part of the money from him only if he is a persistent non-payer of alimony

In my opinion, from all types of income. even with a salary, even with a pension, with anything

What nonsense are you talking about! He sold his personal property! If he sells his underpants and socks, will he also have to pay alimony?)))

Must. Any type of income.

Is child support paid from lottery winnings?

Is alimony paid if you win the lottery?

No, of course, then let’s sell everything, sell your last panties and pay 13% + 25% alimony and sleep peacefully in the cemeteries

Let someone else get the winnings - that's all there is to it!

If I win big in the lottery, am I required by law to give 25% to my ex-wife as alimony?

No. Winnings are not even subject to confiscation.

Is alimony withheld from large winnings in the lottery, from the sale of real estate, from the sale of a car?

By law, yes. but the bailiffs don’t bother with this. although if the ex turns out to be very persistent

The court does not work for a one-time sale of real estate. practice + Supreme Court.

No, income from work activity, essentially from the official salary, is withheld for alimony.

A month ago I divorced my wife and the other day I won several million in the lottery. The question is inside!

1. Well, you are an underground millionaire.
2. You'll find a new wife right now)))
3. Transfer money to a foreign bank

House privatization. More. Law on lotteries - Stoloto lottery supermarket!

Is lottery winnings subject to alimony?

Yes, after paying tax on winnings, alimony is paid from all types of income.

Like any income.

I received an inheritance from my grandmother, should I deduct from this amount for child support for my underage daughter?

No. An inheritance is a permanent income, not a salary.

According to the law, they don’t have to do anything. According to your conscience - well, how much of it do you have, this conscience, figure out how to please the child.

If you love a child, then... further on your own.

I have two children from a previous marriage and I receive alimony in the amount of 33%; my husband had a child in his new marriage. His wives

• His wife filed for alimony and now the same 33% will be divided among his three children.
• Bun Mishevy gave an exhaustive answer)))
• His new wife may impose alimony obligations on him and the amount of alimony for you will be reduced.
• And if his new wife files for alimony, your amount will remain the same.
• His wife filed for alimony and now there will be 50% alimony for three children!

Question about abortion. Dear opponents of abortion, in my case, would you also advise keeping the child? Need motivation

I don’t see your decision here, everything was decided for you from conception to abortion. Don’t torture yourself in vain; it’s not your fault.

Well, they did it and did it. Why do you need someone's opinion? You yourself are still a child - and here is another one.

Abortion, definitely.

The relatives are all right. It is not clear from whom to give birth, what kind of heredity there is and who needs it... Yes, even at 15 years old.

1. Everything is fine! Others have everything and have an abortion, so don’t worry
2. You're right to give birth in 10th grade and then blame the child for ruining his youth
3. Your mother wouldn’t go anywhere, but now you’ll live with this sin all your life and God grant that you have children in the future

Why remember all this happened and passed! Don’t remember anything, because you won’t change anything!

I did everything right. Otherwise I would have ruined my life. There is absolutely nothing to judge here. Don't worry.

I did everything right.

Don't torture yourself, you did everything right

Well, they did it right. Why remember days gone by?

• There are no options other than abortion.
• You did everything right
• You did the right thing, don't torture yourself.
• How do you know how your life would have turned out if that baby had been born then?

I know people from my circle who have had 20-25 abortions during their family life. Everyone has children.

If a man wins a large sum of money in the lottery, is his wife entitled to a share of the winnings?

1. With my wife, all incomes are divided by gender
2. Yes, he bought the ticket with everyone’s money.
3. Well, purely from a human perspective, I think so)) but legally the wife has nothing to do with her husband’s profit) IMHO

The question is not correct. Should a man have a right to part of the money? The answer is yes, if the wife doesn’t mind. Although why does he need money?

Don't gamble and you won't have to share.

- Dear congratulations! I won a million bucks! Get ready! Oh, what a joy, what things to take?

- take everything! And get out of here.

The wife has the right to EVERYTHING! And for the winnings, and for the salary, and for the nest egg. FOR ALL. to our regret.

It does, because all property acquired during marriage is jointly acquired.

In this scenario, the turnaround is not far off.

Summer is gone, ..what remains for you as a memory

Nicely made balcony. Now I’m going out and looking back at him, and I’m like, “Oh, what a great guy I am.”

Seeing off sunsets and meeting sunrises with your loved one)))

Vacation in Tibet. high class!

Before the elections, the news shows that life in the country has become good. Is it so? or another edrosni bullshit?

Of course it's good for some. Timati, generals, governors, ministers.

For some reason, 90% of the population do not feel that they are living well.

She is the one! Next

Should a father help a child from his first marriage financially and not just drag him around the parks?

He must financially support his child, but he is not obliged to communicate with the child.

Must. 25% of income - take it out and put it down.

• Enter into an agreement to pay child support or collect alimony in court!
• Only carry it around the parks
• Well, if a child eats fresh air and walks naked, then it’s enough to take a walk in the parks.

Only alimony is required - 25% of income. everything else is by agreement.

1. I am obliged to carry him around the parks and help him financially, and most importantly, to love him.
2. Alimony to help and not interfere with life with your presence
3. Of course you have to
4. Naturally. but doesn’t want to voluntarily, then alimony

Why, when you talk about the fact that the marriage has exhausted itself and the husband raises his hand and does not work, etc. advise to get a divorce

• When leaving you need to burn bridges
• I think that when they write “divorce” they do not mean the official part of this question.
• Why are you all like this, you can’t even find words.

What if he takes out loans and dies? the wife will pay. and if children are alimony plus payments from the state,

1. But he no longer has the right to demand anything, he feels safe
2. They mean that you need to leave such a “husband”
3. If he becomes disabled due to drinking, you will support him
4. Why do you need this stamp in principle?

Is the lottery winnings divided in half when paying alimony to the ex-wife? Link to main publication

Alimony from lottery winnings

Is child support paid from lottery winnings? This question worries all alimony payers who suddenly have luck. In order to understand this issue, you should first consider what alimony is, its possible amount, method of receipt and other important aspects of the process of calculating alimony payments. In addition, it is necessary to study possible income categories for collecting benefits for the maintenance of common children. Based on this data, you can understand whether issues of alimony payments affect the lottery.

All possible funds that are paid by one of the spouses for the maintenance of joint children in the event that the husband and wife do not live together are called alimony. Child benefit is paid regardless of whether the parents are in an official union, have dissolved it, or were not married at all.

The law establishes that the obligation to make alimony payments for a child lies with the spouse who ceases to live in the same territory with him. At the same time, he must help and provide for his children financially.

Parents are required to pay benefits for the maintenance of their minor children according to family law. The main theses of the article addressing this issue are the following conclusions:

• children under eighteen years of age are legally entitled to payments for their maintenance;
• spouses can enter into an agreement on the payment of alimony if the payer is voluntarily ready to help their common child after the dissolution of their personal relationship;
• if the agreement is not concluded or certain points of the document cause disputes between the recipient and the alimony payer, the issue of benefits is resolved during a court hearing;
• if the spouses have not resolved the conflict, have not concluded a notarized agreement, or one of them has not filed a lawsuit, then this can be done by a representative of the guardianship council body, which will protect the interests of the child in court.

• Attention!
  • Most cases regarding alimony are extremely individual and consist of a very large number of factors.
  • Understanding the legal framework is desirable, but it cannot guarantee a solution to your specific situation.
  • Therefore, you can check any information with our on-duty legal consultants 24/7 and free of charge.
  • You can contact them in the following ways:
  • 1) Ask a question to an expert in an online chat or through the form below
  • 2) Or call the 24-hour hotline by phone: Moscow: St. Petersburg: For other regions: – the call is free from anywhere in Russia.

One of the main issues in the process of collecting alimony is its size. As a general rule, the amount of the benefit must be no less than the limit established by the state - the subsistence minimum for the maintenance of minors.

If the parents have amicably agreed on payments or entered into a voluntary agreement, then there should be no questions or disputes about the amount.

The court makes a decision based on various factors: the financial situation of both spouses, the standard of living of the child in the family, the marital status of the parents and other circumstances.

Considering that both parents must take care of the children, the process of making a court decision considers information about the capabilities of both spouses, as well as the needs of the children.

According to the law on the amount of alimony that can be assigned by the court, the limits of payments for each child from the total income of the payer are established: from a quarter to half of the payer’s income, depending on the number of common children.

The amount of such payments may be reduced if the payer has children in another marriage, dependents, health conditions deteriorate, or there are relatives who will require additional costs to provide for them.

If these funds are not enough to provide the child with a minimum level of maintenance, then the court has the right to order payments in a fixed monetary equivalent. The reasons for such a decision may be unofficial employment, inconsistent earnings, or receiving income in foreign currency.

Based on the legislative acts of the Russian Federation, every worker has the right to earn money. Collections from wages cannot exceed half the amount, but if we are talking about alimony payments, then their amount in some cases increases to 70% in accordance with the legislative norms of the Labor and Family Codes.

The process of collecting alimony payments and methods of paying them

If the process of paying benefits for the maintenance of common children is confirmed by agreement of the parties, then all issues regarding them will be determined personally by the parents (meaning regularity, amount, form, penalty, etc.). Filing a lawsuit complicates the process.

After the issue of benefits is considered in court, a decision is issued, on the basis of which the recipient of the payments draws up a writ of execution. This document must be submitted to the executive authorities, where it will be entered into the register.

Next, enforcement proceedings are opened, which are reported to the payer and recipient. Afterwards, if the payer is officially employed, the document is sent to the place of work, and payments are already transferred from the salary by the organization’s accounting department.

The payer can use several ways to transfer funds to the recipient:

• to a bank account or personal card, which are indicated in the enforcement proceedings;
• by postal transfer. All costs and expenses are paid by the payer, the amount is not included in the total amount of alimony;
• by other acceptable means.

Transfers must be officially confirmed, so it is necessary to keep all checks and receipts, as well as a receipt if alimony is transferred personally.

If the regularity of alimony payments is violated, resulting in a debt, then a penalty is charged to the debtor. Penalties in the amount of 0.5 percent of the funds unpaid by the payer are added to the benefit daily.

If the payment process is not followed, the bailiffs may seize real estate or other property, which may go to the recipient in exchange for repaying the debt.

Other types of penalties may also be applied: deprivation of a driver’s license, ban on leaving the country, etc.

The legislative framework states that deductions for child support are made from all possible types of parental income, although there are a sufficient number of exceptions. A specific list of activities for which alimony is charged is specified in government regulation No. 841 of 1996.

Based on the list of the resolution, we can conclude that types of income-generating activities can be divided into official earnings and additional sources of income.

The first income option includes:

• salary from all jobs;
• salaries of civil service employees, military personnel and law enforcement officials;
• all types of fees for workers in theater, cinema and other creative professions, as well as the media;
• rewards for service or excellence;
• bonuses;
• income for processing and more.

In addition, alimony payments are possible from pension benefits and bonuses to it, student scholarships and income for all possible achievements in the field of science, unemployment benefits, disability benefits, etc.

Alimony payments are also levied on income for leasing real estate, selling securities and providing all types of services based on a concluded agreement. Even those material payments that are due to the payer for food during work (if any are provided) are subject to withholding of alimony.

Alimony payments are not collected from the following types of income:

• funds that were accrued as compensation for harm caused to the health of the payer;
• material payments received by the paying employee in the event of an injury at work;
• benefits for recovery after natural disasters.

To this list you can add amounts paid for the restoration of tools that are necessary for work, and, accordingly, permanent income.

Pensions received due to the loss of a breadwinner and humanitarian assistance are income from which alimony is also not collected.

In addition, alimony is not collected from the allowance issued by the company for business travel purposes. Payments received by parents who are on parental leave are also not added to income.

Is it possible to collect alimony from lottery winnings?

The situation of winning the lottery, at first glance, only means income, as the child benefit payer thinks. It is not indicated in the list of legislative documents that indicate the types of income that fall under the withholding of child benefits, but is this so? Will they be able to withhold alimony from lottery winnings in the end?

To understand the situation, it should be noted that the procedure for holding all kinds of competitions, including lotteries, is regulated by special principles and rules in the legislation.

Thus, Article 2 of the Federal Law “On Lotteries” specifies the basic concepts that reveal the essence of the relationship between the participant and the organizer of the lottery. To begin with, it is determined that we are talking about gameplay. The winner of the game is the one who provides the winning document.

By purchasing it, a person automatically confirms his consent to comply with all the rules and conditions established by the civil legislation of the Russian Federation.

1. The result of the agreement: the organizer undertakes to hold a lottery with winnings in the form of cash payments or valuable prizes, and the payer of the benefit, in this case the holder of the winning number, receives the right to win all of the above if his ticket becomes a prize.
2. Thus, the agreement comes into force after the buyer purchases a ticket, receipt or any other document that is provided for by the terms of the game.
3. The winner receives his prize and can then use it as he wishes.
4. So, can you deduct alimony from lottery winnings? According to one of the paragraphs of Resolution No. 841, alimony is still collected:

from the amounts of income received under contracts concluded in accordance with civil law, as well as from the implementation of copyright and related rights, income received for the performance of work and provision of services provided for by the legislation of the Russian Federation (notary, advocacy, etc.)" .

Thus, alimony from lottery winnings can be withheld by defining the purchase of a ticket as an agreement between citizens in accordance with the legislation of the Russian Federation.

Of course, you can hide information about receiving a prize from the benefit recipient, but if you conceal the fact of additional income, there can be serious consequences.

Therefore, it is better to pay child support from lottery winnings and other possible activities in order to avoid fines and sanctions that can lead to criminal liability and deprivation of parental rights.

In addition, participation in a game that generates income is subject to mandatory tax collection. And when filing a declaration or when deducting a tax fee in the general manner, government bodies that are responsible for the regular payment of alimony may find out about the concealment of this type of income, force you to pay a share of the winnings and impose a fine.

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Do I need to pay alimony from lottery winnings in 2018?

According to the law, the responsibility for financial support of the child is assigned to each of the parents. Today, there are several schemes for calculating monthly alimony payments, but most often they are charged as a percentage of the father’s income. Winning the lottery is an unplanned addition to the payer’s budget. In this case, will he have to pay part of the funds to the child?

Income taken into account when paying alimony

Before you understand whether you need to pay alimony from winning the lottery, you should determine the specifics of calculating such payments. According to the law, material obligations to a minor can be either a fixed amount or deducted from the father’s income. In the latter case, all types of budget replenishment will be taken into account, including both labor and any other activities. Based on this criterion, profit making can be divided into two categories:

• salary;
• other sources.

The first category includes:

• official salary of a citizen from one or more jobs;
• income from business activities;
• bonuses, bonuses and other financial plan incentives;
• fees (if we are talking about media and cultural workers);
• additional payments based on length of service, with appropriate advanced training, position, etc.;
• payment for processing;
• additional payments.

Other sources of income include:

• pensions;
• scholarships for undergraduates, graduate students and researchers;
• various types of financial assistance for the poor and certain categories of the population;
• unemployment and disability benefits;
• payments to employees involved in the liquidation of a business entity;
• income from mining activities;
• funds received from the rental of movable and immovable property;
• sale of securities and shares;
• enrichment due to the provision of various types of services that require the conclusion of a contract.

The father is obliged to pay alimony even from compensatory funds, such as:

• One-time or permanent accruals to persons affected by radiation exposure or man-made disasters.
• Compensation for illnesses incurred in connection with professional activities.

When calculating the amount of alimony, even the money that the worker receives for additional food may be taken into account.

Why alimony cannot be collected

There is a range of income that is not subject to alimony deductions. We are talking about the following types of material enrichment:

• benefits from the state issued to women in labor and pregnant women;
• business trips;
• compensation allocated for special types of therapeutic and preventive nutrition;
• maternal capital;
• lifting tickets, which are issued when changing the region of work;
• pension accrued upon the loss of a breadwinner;
• refund of funds that the specialist spent on purchasing or repairing the tool used in the work.

Alimony payments and funds received from the following types of financial assistance are not subject to deduction:

• for marriage;
• on the death of a relative;
• for the birth of a child;
• in case of a natural disaster.

The situation with winning the lottery

Now you can go directly to the winnings. The lists presented above do not say anything about such cases, and therefore, at first glance, a person can be calm. However, the holding of lotteries itself is regulated by certain regulations, which should also be taken into account.

In form, a lottery is a game, access to which is granted to those persons who have lottery tickets in their hands. The event is held in accordance with the regulations in force on the basis of an agreement, which is the ticket. The purchase of the latter indicates that the person taking part in the lottery agrees to the following conditions of the quiz:

1. The game organizer is obliged to ensure that the agreed amounts and prizes are drawn.
2. A participant, by purchasing a ticket, receives the right to own property or money if he is recognized as a winner.

Thus, according to the law, we are talking about an agreement that comes into force after:

• buying a lottery ticket;
• receiving a receipt;
• issuing to the participant any other document provided for by the rules of the event.

At the same time, the rules of the game indicate a certain prize fund, called winnings, on which taxes are paid as a result. If the required combination of numbers is drawn (or other conditions are met), the winner claims to receive a prize with the opportunity to further dispose of it at his own discretion.

Regarding resolution number 841, any income from contracts concluded in accordance with civil law is subject to deduction of alimony.

Thus, in accordance with current legislation, in connection with winning the lotto, the child support provider may be required to pay a certain amount for the maintenance of a minor.

Some fathers believe that if the recipient does not know anything about the prize, then payment will not be obligatory.

However, we are talking about our own child, and concealing income is unacceptable even for ethical reasons.

Features of determining alimony payments

In accordance with current legislation, there are two types of alimony payments:

1. In a fixed amount. We are talking about calculating monthly payments based on average salaries in the payer’s region of residence or the cost of living accepted in the country. Regarding the last criterion, the alimony provider may be assigned payments in the amount of 0.5-2 subsistence minimums for a certain time period.
2. With percentage deduction. In this case, the amount of alimony is determined based on the average monthly income of the payer or the number of dependents.

If in the first case, alimony will be paid in strictly fixed amounts, and therefore they do not depend in any way on fluctuations in the father’s income, then the deduction of interest is determined monthly based on all types of profit officially received by the payer. Regarding the provisions of the Family Code of Russia, the following parts must be given to minors from the income of the alimony provider:

• one child accounts for 25% of income;
• if we are talking about two children, then they are due 33% of the total amount of funds;
• for three or more minors, half the salary will have to be contributed.

Thus, if alimony from lottery winnings is calculated in accordance with the scheme described above, then the same rule will apply to winnings. In case of concealment of income or evasion of payment, the mother can go to court with a corresponding claim, and as a result of a positive decision, the father will have to pay not only a percentage of alimony, but also a possible penalty.

If the payer provides financial assistance to a minor in the form of fixed sums, then he is not obliged not only to share his sudden enrichment, but also to notify the receiving party about it.

In this case, no percentage of the winnings should be paid.

In all other respects, alimony providers should rely on personal principles, because maintaining a child is everyone’s duty, regardless of their current marital status.

Do I need to pay child support from winnings?

The legislation of the Russian Federation specifies all types of income from which payments for the maintenance of children are levied in the event of parental divorce. These regulations do not say anything about cash prizes in lotteries. Many people wonder whether they need to pay alimony from their winnings.

The process of collecting alimony payments and methods of paying them

Alimony payments are funds that are withheld to finance the needs of the child. There are voluntary payments by agreement of the parties and collection through one of the parents filing a lawsuit in court, which states the requirements to pay for the needs of the baby.

The method of transferring funds depends on whether the parties agreed among themselves without the participation of the court or through a court order. Former spouses themselves choose the method that suits them when alimony is paid on time.

There are several options for receiving funds for a child:

1. A bank account is opened in the name of a son or daughter who is under 18 years of age.
2. It is possible to transfer funds to the bank card of the mother or child. Every month, the parent, of his own free will or by court order, transfers a certain amount to the card. Such an operation can be carried out by the organization in which the employee works, if there are fundamental documents for this. The accounting department must pay a certain amount to the child every month, which is deducted from the parent's salary.
3. Money can be sent by mail, now this method is used quite rarely, with mutual consent.
4. Cash is transferred when parents meet in person. In this case, it is necessary to ask the baby’s mother to write a receipt for receiving the money, otherwise in the event of a conflict there will be no evidence that the father helped the family financially. The receipt indicates the details of each party, the amount received, and the date of receipt. It is important to indicate when funds are paid and what the money will be spent on. Be sure to sign the person who received the money. The document does not need to be certified by a notary.

It is an important nuance for the alimony provider to take a receipt or bank document confirming the transfer of funds when transferring money.

If a citizen has a permanent job, then upon filing the appropriate application, it is allowed to transfer alimony from the employee’s salary to the account of the child’s mother. These types of operations are carried out by the accountant of the company where the payer works.

The basis for the transfer may be a writ of execution or a court decision on the payment of alimony.

The transfer of money is carried out only after deducting mandatory taxes from wages. Alimony can be in shared form, as well as in a fixed amount. The most common share option, in which the payer’s salary is not fixed. When paid in a fixed amount, the employee's salary is constant.

What income is taken into account when paying alimony and why alimony is not collected by law

According to the law of the Russian Federation, alimony is deducted from all income from various work activities:

Wage:

1. Citizen's salary for all jobs at the same time.
2. Salaries of civil servants and military personnel.
3. Income of workers in the field of culture and media.
4. Additional payments based on work results, bonuses, bonuses.
5. Payments for additional hours of work.
6. Accruals for work in hazardous production.
7. Additional transfers for work in special regions of the country, for example, in the north.

Other sources of income:

1. Pension, scholarship.
2. Possible bonuses for labor.
3. Benefit provided to the unemployed.
4. Pensions accrued for disability.
5. In case of sudden layoffs, payments are due. Financial assistance paid by the organization.
6. Compensation for loss of health, funds for victims of natural disasters.
7. Income from business, as well as rental of real estate, funds received from dealing with securities on the stock exchange.

Alimony cannot be levied on the following income:

1. The law prohibits the collection of funds for a child from benefits paid by the state at the birth of an infant.
2. Deductions cannot be made from funds allocated for medical nutrition.
3. Travel funds also cannot be taken into account.
4. Money that is allocated when transferring to a new position in another city.
5. Maternity capital at the birth of the second baby.
6. Alimony, which is calculated from another person.
7. Financial assistance for marriage and having children.

Types of winnings

Russians belong to the category of people who believe in luck and love various lotteries. Participating in competitions and quizzes where there is a cash prize at stake makes you want to become a winner.

Winnings are divided into monetary, property, and various certificates for services.

Cash prizes are most often obtained by purchasing a lottery ticket. If you get lucky, you can become the owner of real estate. For example, houses and apartments are periodically drawn in “Russian Lotto”. Some become happy owners of cars.

A large percentage of the country's male population places bets at bookmakers. A person selects the nearest football matches, equestrian competitions. It predicts the outcome of the game, what the score will be or who the winner of the game will be.

Based on the results of the competition, if a citizen placed his bets correctly, he wins a percentage, which is immediately paid. You can play at basketball and hockey matches. It is popular to bet on car races and motorcycle races.

The biggest profits come from lottery tickets. For example, on New Year's holidays, a billion is drawn annually in the Russian Lotto. If you win, it is possible to receive the highest possible alimony from the father of the family. In judicial practice, there have been cases where alimony from winnings was paid by the child’s mother. Such cases are rare. Most often the payer is the father.

Football betting is in second place in terms of maximum profit. Men often bet large sums when they are confident in the correct prediction of scoring goals. The higher the bets at stake, the larger the amount will be received if you win.

The alimony portion will be the percentage established in the court order. When a parent pays money to his son (daughter) of his own free will, he can also transfer alimony from the winnings at his own decision.

The amount will depend on the integrity of the citizen.

Do I need to pay alimony from winnings?

There are no specific provisions in the legislation of the Russian Federation regarding the collection of alimony from winnings. Legislative acts specify the types of income from which alimony is paid. This includes income from the lottery and other games.

This fact is explained by the fact that a person enters into an agreement with the state by buying a lottery ticket. In other words, he accepts all the conditions of the game. As a result, in order to make a profit, the father must first pay tax on the winnings. Most often, it is collected immediately, giving out the prize minus the tax.

The next step will be to pay the alimony portion. The remaining amount will already belong to the winner of the game.

There are certain nuances. All lotteries are conducted according to certain standards. All of them are prescribed in government acts. For example, in a lottery, when a citizen purchases a ticket, he agrees to all the terms of purchase. It turns out that he allegorically enters into an agreement with the legislation of our country, accepting all the conditions when purchasing a ticket.

• The fund's regulations indicate the size of the fund's prize that must be drawn.
• The person who bought the prize ticket has the right to dispose of the winnings as he wishes.
• Resolution 841 of the Government of the Russian Federation states that alimony can be calculated from a person’s income under an agreement concluded in accordance with our civil legislation.

A lottery ticket, according to the legislation, is income described in 841 of the Regulation. It turns out that the child’s father should pay alimony from the winnings, but no one can force him. This question remains voluntary, but it is worth noting that the payment goes to your child, so it is unacceptable to hide the winnings.

Features of the procedure

The collection of alimony from winnings does not contradict the legislation of the Russian Federation. Parents are required to support minor children, even if earnings are taken from winnings.

For example, a person consistently pays alimony payments in a fixed percentage - 25% of the salary. At some point he decided to buy a lottery ticket. By luck, he wins a car. The citizen decides that he already has a vehicle and decides to take the winnings in cash. They give him 170,000.

If the father does not share the amount received with his child, then the child’s mother has the right to appeal to the bailiffs.

They submit an application to the tax office and receive information about the child support provider’s recent income. Due to the fact that the winnings are officially reflected in the database, the father will have to pay 42,500 to the family.

The amount will be the percentage established by the court, which is due to be paid to the ex-wife.

Even if you file a counterclaim in court to challenge the decision, you are unlikely to win the case. In most cases, authorities act on the side of children, protecting their interests.

There is a certain nuance regarding the collection of child benefits from lottery winnings. You cannot charge a fixed amount of alimony. The method of earning income when playing lotto or other lottery is not the main source of profit.

It is impossible to consider this method from the side of additional income, since it cannot be constant. The final amount varies and cannot be predicted, so a percentage is deducted from each win for government tax.

Child benefits are paid from the remaining money.

Is alimony paid from winnings?

Many payers and recipients are interested in whether alimony is calculated on winnings. The answer to this question is contained in the Decree of the Government of the Russian Federation of July 18, 1996 No. 841 and the Federal Law “On Lotteries”. An analysis of these particular legislative acts allows us to understand what to do if a person liable for alimony wins the lottery.

Do I need to pay alimony from my winnings?

Alimony from winnings must be paid. Many people mistakenly believe that such income is not subject to taxation, and payments for children are not made from it, but this is not the case. Despite the absence of the wording “winning” in the List of types of income subject to alimony taxation approved by the Government of the Russian Federation No. 841, you will still have to pay:

• pp. “O” clause 2 of the Resolution establishes that payments are levied on income under civil contracts; the specifics of conclusion and execution are regulated by the Civil Code of the Russian Federation;
• Art. 1063 of the Civil Code of the Russian Federation regulates the procedure for conducting lotteries and other games. An agreement is concluded between the player and the organization in the form of purchasing a ticket, receipt or other document. They serve as confirmation of the completion of a civil transaction;
• Art. 2 of the Federal Law “On Lotteries” indicates that such games are held on the basis of an agreement, where the organizer draws the prize fund, and the participant (ticket holder), if the combinations match or other conditions for winning occur, takes the specified fund.

The above is enough to pay alimony from winnings in the amount established by a court decision, order or alimony agreement. The form and procedure of payment are regulated by the RF IC.

Amount of alimony from winnings

The amount of alimony depends on the form of collection and the number of children:

One child

Two

Three or more

25 %

33 %

50 %

This is also important to know: How to collect alimony for previous years?

Let's look at an example calculation:

Citizen O. V. Yevtushenko won 500,000 rubles in the lottery. The organizer of the drawing paid 13% personal income tax for it - 65,000 rubles. The balance is 435,000 rubles. – the amount for calculating child support for one child, collected as a share of income.

435,000 x 25% = 108,750 rub. – payments for a minor.

435,000 – 108,750 = 326,050 rubles. – total in the hands of the alimony-obliged person after taxation and payment of alimony.

When is winnings not subject to alimony?

In the Russian Federation, games are held in the form of lotteries, drawings or sports bets in bookmakers. All winnings are subject to alimony. An exception is the collection of payments in a fixed amount for a child, spouse or ex-spouse: here the established payments are received monthly into the recipients’ account, and the financial situation of the alimony obligee does not affect them.

The receipt of a large sum of money is not a basis for the collection of additional funds, since in such a situation only a lump sum of money (TDS) is paid. If alimony were collected as a share of income, you would have to pay.

If the person obligated for alimony received the winnings, and payments were assigned to the TDS, it will not be possible to file a claim to withhold part of the funds due to the instability of such income.

If in need, the recipient has the right to recover funds for additional expenses of the child on the basis of Art. 86 RF IC, if he needs:

• treatment;
• ongoing care;
• expensive medications.

Then the amount won will be taken into account when considering the financial situation of the defendant. Collection of funds for additional expenses is carried out in court.

The application is submitted by the recipient of alimony to the magistrate's court, and if the value of the claim is over 50,000 rubles. - to the regional one.

The case is considered for no more than 1 month; based on the results, a decision is drawn up, on the basis of which the alimony payer is obliged to transfer the established amount.

What is withheld first: alimony or personal income tax?

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According to the general rules for calculating deductions from income, personal income tax is withheld first, then alimony. Payments for the child are a priority obligation, and if the payer has other debts, the money for the minor is paid first.

According to paragraphs. 5 p. 1 art. 228 of the Tax Code of the Russian Federation, personal income tax is paid by citizens independently if the winning amount is up to 15,000 rubles. If the amount exceeds the established value, the tax is paid by the organizer of the drawing for the participant.

For example:

Citizen Sizov O.T. won 2,000,000 rubles in the “Russian Lotto”. The organization paid tax for it - 260,000 rubles. Of the remaining amount, 50% was transferred voluntarily to those liable for child support, i.e. 870,000 rubles.

Arbitrage practice

There is still no clear judicial practice regarding the collection of alimony from prize money. Some courts believe that the absence of a clause on the withholding of funds from winnings in Government Resolution No. 841 indicates the impossibility of collection, while other courts make decisions according to which the money must still be collected.

Let's look at an illustrative example:

A citizen is assigned an obligation to pay alimony in the amount of 25% of all types of earnings. He paid regularly. In November 2018, a person obligated to pay alimony won 200,000 rubles in the lottery. taking into account personal income tax withholding, but did not transfer payments for the child.

The bailiff sent a request to the Federal Tax Service to obtain information about the payer’s income. According to tax certificates, it was established that he received income, but no alimony deductions were made.

The bailiff sent a resolution to settle the debt with a requirement to pay 25% of the amount won within the established time frame.

This is also important to know: Application for alimony to the accounting department

The alimony obligee filed an administrative claim in court to appeal the decision. After considering the case, the court refused to satisfy the demands, pointing out the presence of an obligation to pay alimony from all types of income.

Lawyer's answers

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Is alimony paid from winnings at a bookmaker's office?

Yes, because relations between bookmakers and their clients are regulated by the Civil Code of the Russian Federation.

Can winnings be taken to pay off alimony debt?

Yes. The bailiff issues a decree on debt settlement. Withdrawal of funds to repay the debt is carried out by seizing the debtor's bank accounts.

Conclusion

The deduction of alimony from winnings is mandatory, subject to the assignment of payments in the form of shares of earnings. The person obligated to pay alimony has the right to transfer the funds on his own, otherwise, if he hides it, the debt will begin to accumulate.

It is important to know!

• Each case is individual and requires special attention. The information presented on the site is general and does not guarantee a solution to your specific problem.
• We carefully monitor changes in legislation and try to make changes in a timely manner, but this does not always happen quickly.

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