Maintenance from the contract

There were often situations in which an unfair parent tried to avoid his or her direct obligation to pay maintenance for his or her own child, and he referred to the lack of formal employment and, consequently, wages.

Despite this assertion, the citizen is actively engaged in construction work and other contractual services; he does not consider it compulsory to classify this type of income as a permanent one.

This wrong attitude can lead to a number of problems, even if a person does not have a permanent income, he or she should still be paid maintenance as if he or she were unemployed.

What's the difference between a contract and an employment contract?

If the father of a child who has not attained the age of 18 years, does not live with his wife after he has divorced him, he must take care of his child, and he must take care of him from a distance.

Under the law, it should pay every thirty days a certain amount for the upbringing, maintenance and maintenance of the child.

But most parents do not understand what they are obliged to do, and they do not want to pay any support, and most of them do not have to pay because they are in debt, and they are at risk of criminal liability if they do not pay their maintenance.

Any income derived from the provision of a service is expressly liable for retention of maintenance fundsThe legislation in force in our State provides for an impressive list of all forms of cash income from which child support will be withheld in favour of the minor child.

The Family Code has a category of income that can be used to calculate maintenance, and there is a list of income from which alimony cannot be withheld.

Among the proceeds from which maintenance may be withheld is the money received by the child support payer for maintenance under civil law contracts, which includes a contract; the method of calculating maintenance is of no importance in order to directly retain the cash assistance of the child ' s mastermind for the upbringing and maintenance of a full life.

There are certain situations in which compulsory material assistance is required under a contract of contract or under another civil agreement; for example, the father has no job; consequently, there is no formal wage; however, he works under various private contracts.

In most cases, contractual contracts:

• If the alimony has been recovered from the father in a firm sum of money, the source of his income has no effect whatsoever; the obligation to pay a certain amount of maintenance money every month does not change.
• If maintenance is recovered as a portion of all earnings, the amount of the reward, bonuses and other incentive moneys received by a person for the performance of various contracts shall be taken into account by the bailiffs' office.
• If maintenance is withheld in the form of a share of all income received, but the payer does not formally enter into a contract and does not pay taxes, the main task of the bailiffs will be to identify hidden funds.

If a citizen with a child is an individual entrepreneur, self-employed or hired labour, he or she will still have to pay alimony.

If, on numerous occasions, a person is found to have evaded the payment of alimony, he or she will be held responsible for avoiding his or her direct responsibilities towards the child and punishing him or her for violating the applicable tax law.

To begin with, we need to understand the basic terms: as is known, there are two aspects of the labour law: the employee and the employer; the employee is a natural person who enters into a labour relationship with the employer.

The employer is both a natural and a legal person (organisation) who provides work to his or her subordinate (employer) for a certain fee; in such civil contracts (services) the parties to the contract are directly the employer and the contractor.

It should be noted that in the assignment of maintenance funds in a certain proportion of all contract income, remuneration is necessarily included in the income of the private entrepreneur; under the current procedure, alimony from such cash proceeds will be calculated only after tax payments have been withheld.

Procedure for the recovery of maintenance under a contract of contract with a legal or natural person

Every parent has to take care of his or her own charm, and it is often impossible for a person to find an official job whose salary is sufficient not only to live but also to ensure the normal life of his or her offspring.

This is why many fathers accept a job that is paid every few months.If there is a certain judicial decision to recover a share of the income, there can be no claim against a person who works under a contract.

Even if he pays his minor's money, it's a matter of how often a father earns his income.

For example, if the child ' s father works as a builder, and his contract states that the settlement is made only after the delivery of the project and the duration of the construction is five months, the alimony will not be paid once every thirty days, but once a quarter.

Level and frequency of payments

If the procedure is not satisfactory to the recipient, a request may be made to the court for a change in the manner in which the obligation is carried out, so that the payer may pay maintenance in a firm amount of money.

Change in maintenance arrangements

The Family Code provides that if the salary of a parent who is obliged to pay child support is irregular, he may be required to pay a fixed amount every month, depending on the circumstances of the situation.

For example, if the income of the alimony payer is considered to be non-permanent but rather large, it is possible to count on a reasonable amount; in any case, without knowing all the nuances of the situation, the amount of the payments should not be mentioned.

With regard to the question of whether money would be paid to a child under a contract, the answer was clear: unfortunately, the current practice was that an impressive number of private contractors did not generate their informal income; hence, there was no way that the tax service could control them.

It is very important to force bailiffs to work and to oblige hard-core non-payers to help their own children.

—>

Contractual support

The Family Code of the Russian Federation establishes the obligation of both parents to take care of their minor children equally, to provide them with upbringing, education and material maintenance; if one of the parents, alone, places the burden of raising a child, he or she has a legal basis for the payment of maintenance from a avoiding parent.

• The burden of maintenance is borne by a documented parent (on the birth certificate, adoption certificate or paternity certificate), regardless of whether he or she is employed or unemployed.
• A certain number of alimonyers, when they are asked by the court to support a child, naively believe that by changing the formal employment contract to a temporary informal one, such asContract- they can hide (or partially hide) their real incomes, thereby avoiding liability to the recoverr.
• However, this is wrong and only misleading, as Russian legislation provides for:

• The necessary mechanisms for the recovery of funds in the event of the concealment of income, its irregularity and even in the event of unemployment;
• Debtor liability measures.

Thus, avoiding the obligation to pay maintenance may cost the non-payer a much more "road" than to perform it in good faith.

What is the difference between a contract and a contract of employment?

The contract is a type of contract of a civil nature (CGP), an agreement by which the Employer and the perpetrator specify the time and manner in which the work was performed and its subsequent acceptance and payment on the result.

The fundamental differenceA contract from a formal employment contract for a maintenance payer consists of the following:

1. There is no provision for job placement, i.e. a person is in fact unemployed.
2. The perpetrator shall work at his convenient time.
3. Lack of employment guarantees (i.e. leave, sick leave, pension contributions, etc. are not provided and paid).
4. Easy procedure for the regularization of a temporary employment relationship, which is cancelled after acceptance and payment of work.

It is often impossible to determine the employment of a contract worker, especially since the time-frame for such employment is very short, and the income generated by the work performed may be lower in the form of an agreement than it is actually possible to obtain "in-hand" from the employer.

Can a maintenance worker work under a contract?

In view of the above-mentioned "plus" of a free form of employment, many carers often consider leaving an official place of work and even specifically dismissing themselves in favour of work under a contract to conceal real earnings and minimize payments to the claimant of maintenance.

The fact that every citizen of the Russian Federation has the right to freely dispose of his or her labour skills, choice of profession and activity, and that work is free and forced labour is prohibited, is prescribed in article 37 of the Constitution of the Russian Federation.

Since the alimony payer is primarily an individual and a citizen of the Russian Federation, its constitutional rights must be respected and inviolable.

Consequently, the fact that he or she will be employed or employed under a formal contract or a contract of contract is exclusively his or her civil law.

• Answer a few simple questions and receive a collection of site materials on your own occasion.

1. With regard to the obligation to comply with the requirements of an executive document on the recovery of maintenance, itregardless of the type of employmentis retained by the payer to the extent previously ordered by a court order, a court decision or a notarized maintenance agreement.
2. If the payment of an executive document is received in full and on time, it will be of no importance to the bailiff whether or not he has a job or how the payer is employed.
3. On the contrary, in the event of an accident,maintenance debtthe intentional loss of employment or the concealment of real earnings will be regarded as intentional evasion of maintenance payments, which will entail the application of liability measures to the debtor, including the search for his income and property by bailiffs.

Recovery of maintenance under the contract of the PAC

In this situation, two stages of maintenance law may be considered:

1. How to recover alimony initially if the future payer is a "contractor".
2. How maintenance is recovered if the payer later changed the official job to "contracting".

Retention of maintenance payments from the maintenance contractor

A parent who is actually raising a child has the right to recover maintenance from another parent if there are two grounds for doing so:

• Voluntaryproviding for the drafting of a mutually convenient maintenance agreement;
• by force of lawwhich provides for a claim for maintenance to be brought before a court.

A particular nuance in the drafting of an agreement or in the filing of a maintenance claim against a person working under a contract would be that alimony must be recovered.Amount of hard cashThe following grounds must be argued in the claim or agreement:

• The parent has a changing and irregular income;
• In fact, he is unemployed;
• Recovery of maintenance as a percentage of income is difficult.

Model claim for maintenance

SAYING

If the maintenance guy later entered into a contract

• Where maintenance payments from a person are made at the time of the latter ' s official place of work and stable earnings, they are usually awarded as a percentage of wages (article 81 of the Criminal Code):
• As long as the person under maintenance continues to work legally and to receive a salary, the calculation of maintenance payments is made monthly by the accountant at the place of employment, in proportion to the income determined by the executive list.
• When a payer who is obliged to pay alimony in an equity manner resigns from his or her official place of work and ceases to pay in favour of the applicant without informing him or her of his or her new employment, the obligation to pay alimony does not cease.

In this case, he's behind him.Accompanied maintenancewhich will also be calculated in proportion to the average monthly wage in the country (art. 113).

ExampleMr. Vasin is obliged to pay alimony according to an executive document equal to 1/3 of his earnings in favour of two children: in the case of a salary of 26,000 roubles, the amount of 8,667 roubles was written off on a monthly basis.

Having decided to avoid the payment, Vasin resigned from his job at his own request and began working, contracting with various employers, without reporting this form of earnings to the applicant and to the bailiffs ' service.

As a result, the amount of maintenance debt started to be calculated in the case of Vasin on the basis of the average monthly wage in the Russian Federation, as follows: for example, taking into account that May 2017 the amount of FP in the Russian Federation was 40,229 roubles.

It is clear from the above example that it is more costly for a maintenance worker to be unemployed than for an employed person, especially since the claimant can subsequently recover a failure to pay arrears equal to 0.5 per cent of the total amount of debt accumulated.

Minimum maintenance from contractor

Consider this situation:

A person ' s benefits are determined in a proportionate manner, as the defendant was employed at the time of the recovery and had a stable income in the form of wages.

The payer resigned from his official job under the employment contract and entered into a contract form of employment, and the method of recovery for him remained the same.

In order to prevent a debt from arising, the alimonyer once a month provided the bailiff with a copy of the contract for the amount of work performed, for example, 10,000 roubles. In this case, the alimony payments in favour of the claimant amounted to 1/4 per cent of 2,500 roubles, 1/3 per cent of 3,333 roubles, etc.

It is clear that these amounts are quite low and cannot fully cover the monthly cost of the child (and, above all, for two children).

However, under the law, the maintenance payer under the contract of the PAC did not violate anything and ensured that the performance document was in full compliance.

And it doesn't matter that a person who is actually under a maintenance obligation can enter into an unlimited number of contracts per month and have much more income than is prescribed in the contract — unfortunately, this is actually difficult to prove.

How do we change the amount of child benefits?

In the first place, it is not necessary to despair, let alone to give up, such situations are provided for in the Family Law, namely:

• The court has the right, on the initiative of one of the parties to the maintenance relationship, to change the amount of maintenance previously fixed (article 119 of the UK);
• maintenance may be fixed in a firm sum of money if the amount of the share payment substantially affects the interests of one of the parties (article 83 of the SC).

On the basis of article 119 of the Russian Federation and article 83 of the Russian Federation, the applicant has the right to make a claim before the Magistrate ' s Court.on the modification of the method of recovery of maintenancewith a hard cash share.

https://www.youtube.com/watch?v=zhVjGLvU3og

The amount of the firm monetary amount will be determined by the court primarily on the basis of the child ' s material needs and development, the amount of the subsistence minimum in the family region, and the material position of the parties (the applicant and the payer).

Model claim for change of method of recovery of maintenance

A claim for a change in the manner in which the child ' s maintenance is recovered from a person working under the contract of the PAC can be downloaded by reference.

How to pay maintenance on a contract and a labour contract

There are some similarities between the contract and the contract of employment, in particular, the contractor does some work for a fee, as does the employee in the organization ' s staff, and there are substantial differences between these transactions.

The contractor may have irregular earnings – all depending on the volume of orders – and an employee under the Labour Code is entitled to receive at least a monthly salary equal to the SMIC.

How best to recover alimony from a contract of employment and payment under a contract of employment?

How to recover money from the contractor?

So, as has already been pointed out, if a maintenance worker works under a contract, he may have irregular earnings, which is the main problem in this situation. Yes, art. 82 of the Family Code of the Russian Federation states that the parent must pay the child ' s maintenance from his earnings and other income.

Government Decision No. 841 of 1996 states that alimony is withheld from civil contract activities.

However, if there is a court decision to recover a share of the income, there can be no claim against a person working under a contract if he or she pays the child irregularly, which depends entirely on how often the payer earns the income.

It's possible in many cases that everything can be left as it is, so let's not get paid very often, but it's gonna be pretty substantial.

If the current arrangement is not satisfactory to the recipient of the funds:

1. Go to court.
2. To require a change in the mode of performance of the obligation by requiring payment of a firm amount.

The UK of the Russian Federation provides that if the income of a parent who is obliged to pay alimony is irregular, it may well be required to pay a fixed monthly amount of money. What will it be? This depends on the circumstances of the particular situation.

If, for example, the payer ' s income is irregular but large, it is possible to count on substantial payments; however, without knowing the nuances of a particular situation, the amount of payments is not to be said.

Ideally, it would be better to enter into a maintenance agreement with the contractor in the first place and specify a certain amount of maintenance, of course it requires the good will of the maintenance worker himself.

Another problem in the situation where a parent is a contractor is that there is a practical possibility of withholding part of the income; however, the incomes of many workers registered under the Russian Federation ' s TC are not white.

Maintenances from a payer registered under the Russian Federation TC

Is it possible to recover money for a child from a person under a contract of employment? Not only is it possible, but it also needs to be done.

Resolution No. 841 of the Government of the Russian Federation clearly indicates that maintenance is deducted from wages, not only from a fixed salary but also from:

• The salaries provided for in the pay system;
• The fees of artists who are part of the organization ' s staff;
• Various allowances: for seniority, harmful working conditions, etc.;
• Compensation for the use of a private car;
• Payment for food, in addition to that which is therapeutic or preventive.

That is, most of the payments that the pay system establishes and are directly related to the performance of labour duties are the basis for the recovery of maintenance funds.

There are payments that can't be held back:

• Compensation for funds spent on travel or moving to a new workplace within the same organization;
• Compensation for the use of personal instruments;
• Social benefits: in the event of the birth of a child, marriage, death of a loved one, etc.

How do you pay alimony if you have a contract of employment? In fact, the payer shouldn't be overreacting. The employer is responsible for the payment, and it is the employer who is required to calculate the funds and transfer them to the recipient.

By the way, this is a clear advantage for the recipient; it's very convenient when the retention from the payer's salary occurs immediately after it's been paid; if the alimonyer pays the money on his own, he can "forget" perform the obligation.

Employers generally do not forget the existence of an obligation to retain part of the income.

If the obligation is not met, it is always possible to hold an official of the organization accountable, from civil to criminal, in extreme cases.

Thus, alimony under the treaties referred to in the article could be recovered; there was certainly a problem that could be described as systemic.

It's that it's not always possible to establish a real payer's income, but there's a need to get the bailiffs involved.

And the recipient himself needs to try to gather evidence to prove that part of the income is hidden, but that's the subject of a separate article.

Maintenances from the Contract: Are they retained in 2023?

Often, unpaid maintenance payers justify themselves by not receiving a permanent official income; they contract with the employer, perform work and receive "grey" wages; the absence of an official salary does not relieve a citizen of the obligation to pay maintenance for a child.

The article will examine whether maintenance should be paid under a contract, which is different from a contract of employment, and how to recover maintenance for a child under a contract of contract.

Do you have to pay alimony from the contract?

In accordance with article 82 of the Code of Criminal Procedure, the types of income from which maintenance payments are withheld are established by the Government of the Russian Federation.

Decree No. 841 of 18 July 1996 contains a specific list of types of earnings subject to maintenance obligations, which, according to paragraph 2 (o), includes income earned under civil contracts to which the contract relates.

What is the difference between a contract and a contract of employment?

The contract is a civil agreement under which the performing officer must perform the contracting of the customer for a specified period of time and terminates upon acceptance of the order and payment.

An employment contract is an agreement by which an employer takes an employee to a regular position for the performance of his or her duties, it is concluded for an indefinite period, and a fixed-term contract is signed in cases strictly specified by law.

Consider the characteristics of the contract and the contract of employment: Contract
Employment contract

The perpetrator works at convenient times	Staff member on schedule
Lack of labour guarantees	A citizen is granted annual leave, paid sick leave and other guarantees
Maintenance is retained by the bailiff if the payer does not voluntarily transfer it.	Maintenance may be retained by the accounting of the organization in which the citizen is employed

The negative effect of contract employment is that it is difficult for the recipient of maintenance payments to determine the exact amount of the payer's income.

How much alimony is being recovered?

In many cases, citizens working under a contract have irregular earnings; if maintenance is assigned in proportion to income, the payments will be small; therefore, it is desirable to recover the child ' s maintenance in a firm amount on the basis of article 83 of the UK.

In such a case, the amount of the payment will not depend on the amount of earnings; the calculation is based on the subsistence minimum in the minor ' s region of residence.

When a fixed amount of maintenance is awarded, the court shall maintain the child ' s previous level of financial security to the maximum extent possible.

An example.Dontsov E.I. is not officially employed anywhere. He is engaged in construction work by contracting with the customers. After the divorce, the former wife of Donzov, K.A., applied to the court for maintenance for a minor son.

The court took into account the child ' s needs and ordered alimony equivalent to 1.5 children ' s subsistence minimum in the minor ' s region.

Procedure for the recovery of maintenance under the contract

Depending on the good relationship between the former spouses, the maintenance may be ordered by agreement of the parties or through the court.

How to award alimony payments as agreed by the parties?

Under article 99 of the UK, the payer and the recipient of maintenance payments are entitled to conclude an agreement, which specifies the conditions for payment and the amount of maintenance.

The text of the document should indicate:

• Information on the parties;
• Information on children;
• The specific amount of the monthly payment;
• a calendar date before which the money must be transferred;
• Signed by the spouses.

Once signed, the document is certified by the notary.

To download a sample of child support agreement in a firm amount

If the payer violates the terms of the agreement, it shall be handed over to the bailiff for enforcement.

How to recover a minor's detention through a court of law?

In the event of a conflict between the spouses, the minor ' s maintenance is ordered by the court, and the action is brought before the district or city court at the address of the payer ' s residence.

The statement should indicate:

• Party data;
• Information on children;
• The justification for the fixed amount of maintenance;
• References to legal norms;
• The requirement to set the content at a firm level;
• List of annexes;
• Date and signature.

It is also necessary to justify the child's expenses, and it is recommended that receipts and cheques be collected within two to three months.

The application shall be accompanied by a documentation package:

• A copy of the claim for the defendant;
• A minor ' s birth certificate;
• 2-NDFL certificates for both spouses;
• A divorce certificate;
• A receipt for the child ' s payment of food, clothing, education, medicines.

If the claimant is unable to submit his or her own income and employment documents, he or she is entitled to apply for evidence.

To download a sample claim for child support in hard copy

The action is heard by the court within two months, after the decision has been obtained, it must be given legal effect, followed by an executive notice, which is handed over for compulsory detention to the bailiff.

How do you change the way you collect alimony payments?

The payment of alimony may be made as a share of income; then, in order to avoid maintenance obligations, the payer conceals his income; in this case, the method of recovery of maintenance may be changed to a fixed amount of money.

A claim for a change in the way in which the penalty is imposed shall be brought before the court, which shall specify:

• Party data;
• Information on children;
• Information on the original judgement;
• The circumstances in which the method of payment needs to be changed;
• References to legal norms;
• The requirement to change the order of retention;
• List of annexes;
• Date and signature.

The claim is accompanied by documents confirming the need for a change in the payment of maintenance.

To download a sample of a claim for modification of the method of payment of maintenance

Within a month, the court shall issue a new decision and issue an executive notice; it shall be handed over to the bailiff, who shall conduct the proceedings against the payer.

Let's take stock.

Thus, the contract relates to civil legal transactions, so by virtue of Decision No. 841 of the Government of the Russian Federation of 18 July 1996with contract income paid for child maintenance.

It is recommended that payment be made in a fixed amount of money, since in such employment the payer ' s earnings are irregular and the spouses have the right to resolve the matter voluntarily and to sign a maintenance agreement; in the event of a conflict, the dispute is settled by the court.

If maintenance payments are initially set in proportion to earnings, it is permissible to change the method of payment through the court.

Free consultation.If you have any questions, please feel free to ask their lawyer online chat on the right, in the form below, or on the hotline 8-800-350-84-21.

Maintenance from the Contract: Do maintenance have to be paid?

Child support is charged in the official income of the payer in accordance with the conditions laid down in article 82 of the Family Code of the Russian Federation. In addition, profits derived from civil legal income are equal to official income. Today we will consider whether or not to pay alimony from the contract and how they are calculated.

Maintenance from the contract.

It is often the faulty alimonyer who uses the excuse that he simply does not receive a permanent official salary, although at the same time he is constantly employed in construction or other work, receiving a salary in an envelope. ("Serial" earnings).

Most often, they enter into a contract with their employer; however, alimony from the contract is legally charged, as is other types of income of the payer, and even if there is no formal wage, the payer will be obliged to pay child support as an unemployed person.

Read more about the payment of maintenance from an unemployed person here.

The Family Code of the Russian Federation, in article 82, states that payment for work under a civil contract is equivalent to official income, which is the source for the recovery of maintenance.

In order to avoid sanctions for violations of maintenance conditions, the payer must submit the following documents to the judicial bailiff ' s authorities:

1. A contract with precise value and currency of payment;
2. A payment or maintenance cheque made not later than three days from the date of receipt of earnings;
3. A receipt from the applicant for child maintenance money.

What to do to the recipient, alimony from the contract is rarely received

As a general rule, contracts are awarded in seasonal work, and thus alimony from the contract is irregular and often inconsistent with the amount required, especially if part of the income is still hidden by the payer.

What has not happened to you and your child ' s rights have not been violated, we advise you to file a claim for maintenance in a firm amount before the justice of the peace.

On 1 February 2023, the Constitutional Court of Russia issued Decision No. 7, which set out the list of official profits from which money will be withheld, stating in particular that maintenance for children/incapable relatives cannot be withheld from compensation payments:

• For the wear and tear of personal transport used in working life;
• The cost of the machine allowed to work by agreement of the parties;
• the wear and tear of working tools.

Thus, in the case of retention of payments under the contract, the payer ' s costs are calculated in the first place and maintenance is deducted from the amount received; if maintenance has previously been deducted from the salary on the basis of compensation payments, this is the basis for resorting to the MTSPF to recalculate payments and reduce maintenance for the future.

How do you collect alimony from a contract?

In order to recover maintenance, the recipient must hold an executive document on the enforcement of:

If alimony is in interest-bearing form, the payer will be required to pay 25 percent of the income for one child, 33 percent for two children, and up to 50 percent for three or more children.

The payer or bailiff will be required to submit an executive document to the employer ' s books for calculation and maintenance payments.

It is true that the contract income often takes a one-off form of payment, so care must be taken in advance to set a fixed "hard" amount of maintenance based on the average wage of the payer's region of residence.

If the recipient becomes aware of the concealment of the payers ' proceeds, he or she has the right to initiate enforcement proceedings against the debtor in the Federal Service of the Sailors, and read more about the resumption of proceedings here.

If the bailiffs find that the payment of maintenance has been malfeasance, the recipient must bring a lawsuit against the debtor before the justice of the peace, and you can read more about the consequences and punishment of the evil evasives at this address.

If you have any questions or are unable to understand the situation on your own, contact our website ' s lawyers for free. User support is available 24 hours a day and without restrictions.

Maintenance from the contract in 2023: How to pay, with a natural person

Statistics show that parents often avoid their financial obligations to pay alimony because of lack of pay.

In fact, many citizens provide contractual services, but do not include earned earnings in basic work.

Consider how to pay alimony from a contract and what to do if a parent conceals his income.

Basic information

The contract is assigned to civil contracts on the basis of which maintenance payments are recovered under the law.

Unlike the employment contract in question, the agreement in question is a transaction between the Employer and the Executor, which sets out the time frame for the execution of the tasks and the manner in which they are carried out, the acceptance of the work in question and the payment thereof upon the achievement of the result.

In fact, the perpetrator is unemployed because he or she is not registered for a job; there are no employment guarantees in the form of leave and sick leave; the benefits of the contract are the possibility for a person to work at a convenient time, and the procedure for the settlement of an employment relationship itself is conducted on a temporary basis in a simplified manner.

Maintenances from the contract may be recovered in the following order:

A maintenance worker is not officially employed, works under a private contract.

1. If maintenance payments are recovered from the parent in a fixed amount, it is not a principle for the parent to have a source of income; the financial obligation to pay monthly maintenance in a fixed amount does not change.
2. If maintenance payments are recovered from the payer as a percentage of all sources of income, the staff of the SPF will take into account the financial compensation for the contract transactions.
3. Sometimes alimony is fixed as a percentage of income, but the contract with the natural person has not been formalized; consequently, the income received is not taxed.

   In such a case, the SPF staff are forced to start searching for the undercover income of the maintenance worker and to verify the actions they have taken to ensure that there is a serious evasion of the financial obligation to provide for the minor child or other dependents.

Supporter registered as IP

If an individual entrepreneur provides a contract service either by himself or by employing subordinates, the financial reward for the contract should be reflected in the employer ' s tax records.

When the IP seeks to hide the proceeds, it will have to face responsibility for two offences:

• Avoidance of maintenance obligations;
• Violation of Russian tax legislation.

If maintenance is set at 5 per cent of all income, the financial remuneration under the contract is recognized in the income of the IP. Maintenance payments are calculated from the income only after all necessary tax payments have been recovered.

What if the alimony guy hides the income?

Practice has shown that many individuals who provide contractual services do not formalize these agreements on a formal basis and avoid alimony, and as a result they remove the revenues received from the control of all regulatory bodies.

In this case, the recipient of the maintenance will have to seek the assistance of the staff of the SPF, requesting that the application take all necessary measures to identify the maintenance worker ' s hidden income.

Let's sum up.

If the maintenance worker is not formally employed but works under a private contract, the alimony payments are recovered from the parent in a fixed amount, and it is not principled what his source of income is.

The financial obligation to pay monthly maintenance does not change, but if maintenance is established as a percentage of income and the contract with the natural person has not been formalized, then the income earned is not taxed.

In such a case, SPF staff are forced to start searching for a hidden alimony income.

If you want to know,How to solve your problem -- you can use the online consultant's form downstairs or you can call on the phone.:

How do you pay alimony from a contract?

It is very common for a parent to refuse to pay alimony on the basis of the absence of a permanent salary, while the citizen is very active in the construction or other work of a contract but does not consider it necessary to assign it to a fixed income.

This position is fundamentally wrong, because even if a person does not have a permanent income, maintenance must still be counted as an unemployed person, and any income earned through the provision of services must clearly be deducted from maintenance payments, but what is the regulation of alimony and the contract?

The legislation provides for an almost exhaustive list of all forms of income from which child support may be withheld, and the Family Code refers us to Government Decision No. 841 (18.07).

The retention monies received by the payer under the civil law contracts to which the contract relates are also among the retention monies.

The method of calculating maintenance is of no particular importance in order to retain the monetary value of a contract, and we will consider below, for example, a few typical situations in which alimony needs to be recovered from a contract or other civil agreement.

1.A citizen does not have an official salary but works under private contracts, including contracts.

• If maintenance is recovered from him in a firm amount, the source of his income has no equal value – the obligation to pay the strictly agreed amount of maintenance every month does not change.
• If alimony is recovered as a share of all types of earnings, the remuneration received for the performance of the work under the contract will be taken into account by the bailiffs in determining maintenance debts; the citizen is in turn obliged to declare the income received in a timely manner.
• If maintenance is withheld as a share of all income, the contract is not formally issued and the tax on the money earned is not paid, the main task of the bailiffs will be to identify the payer ' s hidden earnings and verify that they show signs of a serious evasion of maintenance payments.

2.The citizen is an individual entrepreneur, either personally or with the help of a mercenary, who provides contractual services.

The situation is almost similar to that described above, with the exception that any contract remuneration is to be reflected in the tax records of the IP.

If it is discovered that the proceeds are hidden, the IP will be liable not only for evasion of maintenance, but also for violation of tax law.

In the award of maintenance as a share of all income, the remuneration under the contract is included in the income of the entrepreneur, but as a general rule, maintenance will be calculated only after tax payments have been withheld.

Assistance in recovery of maintenance from the contract

The answer to the question as to whether maintenance will be paid from the contract will be unequivocal, but unfortunately, the practice is that the vast majority of individuals who provide contractual services do not process it and thus escape the control of the tax service and OFSP.

In this case, it is important to get the bailiffs to work, taking steps to identify the payer ' s hidden income.

ICPI's experienced legal experts, Planet of Law, as part of a special program called "Alements? - Elementary!", will help not only to recover alimony but help to obtain it actually by taking on the trouble of interacting with the bailiffs. Call now +7 (495) 722-99-33!

Maintenances from the contract, rules and amount of penalties

672 lawyers are on the website.

Hello, please help me with the next question: my wife is a builder who works directly with private individuals to fix the flats, but with the employer, they conclude a contract of employment between two physicals, including the types of work and the time and payment.

My husband is also a maintenance payer, and by a court order he pays a fixed amount as unemployed.

The question that he's working on is whether he's a document of real c/p, or whether he can be assured by a notary, or do anything else to pay alimony from the amount he earns?

Legal advice online Answer on site within 15 minutes Ask question

Legal responses (2)

Hello!

Your spouse is likely to enter into a contract with the customers, not a "work contract", but a civil contract, and do not forget that alimony is paid not only from wages but also from other income; since your spouse earns income from these civil contracts, he is also obliged to pay taxes from these revenues as well as alimony.

Such contracts are generally entered into by the parties in simple writing and are not required by law to be certified by a notary.

Hello, Anastasia.

The contract you're talking about is a document about your husband's salary that comes from a husband.limited period and on a specific personThis treaty (like all similar treaties) is itself an instrument and does not require assurances from a notary.

Your husband may apply to the court for a change in the amount of maintenance payable (from a firm sum of money to a share of the income), but I do not think that the court will grant such a claim.

In accordance with art.

The fact that the husband occasionally earns his earnings under separate contracts makes it impossible to say that he has regular and constant earnings, so the court will most likely deny your husband his claim.

In order to obtain a change in the payment of maintenance, your husband must either have regular and permanent earnings or conclude a maintenance agreement with the recipient of the maintenance.