From what income, payments, amounts is alimony not withheld - from what alimony is not collected 2023

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When alimony obligations arise, a lot of questions often arise about how to collect alimony, in what order and where to go for this.

Most often, people are interested in what income alimony is deducted from: only from wages or from pensions too, in which cases deduction is not made, and so on. It is no secret that obtaining a court decision is only half the battle; the main thing is to collect the funds themselves.

In this regard, we will consider in more detail exactly from which income funds can be withheld for maintenance and how to do it correctly.

• Issues of alimony obligations are regulated by the Civil Code of the Russian Federation, as well as the Family Code of the Russian Federation.
• The determination of income from which alimony payments are collected is regulated by Government Decree No. 841 of July 18, 1996 “On the list of types of wages and other income from which alimony is withheld for minor children.”
• Since alimony is often assigned through the court, one must be guided by the Civil Procedure Code of the Russian Federation.

At the stage of execution of court decisions, you should familiarize yourself with the norms of the Federal Law of October 2, 2007 No. 229 - F3 “On Enforcement Proceedings”, as well as the letter of the FSSP dated June 19, 2012 No. 01-16 “Methodological recommendations on the procedure for fulfilling the requirements of executive documents on collection of alimony."

The concept of alimony and alimony obligations

Alimony is money (property, natural products) for maintenance that is subject to payment (transfer) by one person in favor of another. To better understand this issue, read in more detail what alimony is.

The composition of alimony legal relations is very diverse, however, according to statistical data, the majority of alimony obligations in the Russian Federation consist of payments for child support.

What are the grounds for collecting alimony from income?

In accordance with the norms of current legislation, alimony obligations can be fulfilled both voluntarily and forcibly.

If in the first case the parties can enter into an alimony agreement between themselves, where they independently determine all the essential conditions for the fulfillment of alimony obligations, then forced collection involves going to court.

Thus, the collection of alimony is a procedure for the fulfillment of assigned alimony obligations. Find out in more detail how alimony is collected.

From what income can alimony be collected?

An important issue that needs to be understood when forced to collect alimony is the list of types of wages or other income from which it can be calculated.

The first thing you should pay attention to is that maintenance funds are collected from the salary that the payer receives during the period when the corresponding obligations arise and exist.

To understand how alimony is withheld, you need to pay attention to the norms of the Federal Law dated October 2, 2007 No. 229 - F3. In particular, Chapter 11 of this law is called: “Foreclosure of wages and other income of a debtor-citizen.” It provides that

Collection by court decision applies not only to the salary itself, but also to other income of the alimony provider.

Thus, if you have a question about whether alimony is calculated from a salary advance, the answer will be positive.

The restrictions established by law on the amount of alimony payments withheld from wages stipulate that the amount of funds withheld is calculated from the citizen’s entire income, which means that an advance is no exception.

The administration of the enterprise needs to take into account that there are certain restrictions on the amount of deductions, which currently amount to 70%, therefore, when calculating and withholding funds, in any case the established limit cannot be violated.

It should be taken into account that, according to tax legislation, personal income tax is also calculated on funds paid to employees.

Therefore, if the administration of an enterprise collects alimony from an advance payment, then the accounting department of this enterprise also needs to worry about correctly calculating and paying tax payments, because personal income tax, as a rule, is calculated at the end of the month, and the advance payment is paid in the middle.

Salary

When deducting alimony obligations from the salary of the enterprise administration, it is important to understand how to calculate the percentage of funds to be paid.

In this case, there are legally established indicators that determine what part of the alimony worker’s earnings can be withheld.

The amount of payments will be determined by the court based on the specific circumstances of the case, including the amount of income of the payer, the needs of children, etc.

In accordance with the norms of labor legislation, employers have the opportunity to provide their employees with financial assistance, including assistance for health improvement, going on vacation, compensation for harm caused, and so on. In this regard, both payers of alimony and representatives of the administration have questions about whether alimony is collected from financial assistance for leave for recovery and other payments.

It all depends on whether such payments are regular (for example, payment for annual leave) or are one-time in nature (for example, financial assistance in the event of a work injury).

If payments are not provided to resolve a specific critical situation, alimony may be collected from such funds.

Thus, the answer to the question of whether alimony is paid from vacation pay will be positive.

Pension payments, scholarships, benefits

If you have any doubts whether alimony is collected from a pension, or, for example, scholarships, then to resolve this issue we turn to the resolution of the Government of the Russian Federation of July 18, 1996.

No. 841 “On the list of types of wages and other income from which alimony for minor children is withheld.” It directly states that alimony can be collected from any type of income, including salary, pension and scholarship.

 To find out more about how this happens, read how alimony is collected from a pension.

Financial assistance with which funds are deducted

To understand when to transfer funds for maintenance from financial assistance and when not, first of all you should understand for what purpose such funds are being accrued.

Alimony payments are withheld from the following types of financial assistance:

• funds paid for vacation;
• health benefits.

Financial assistance for which funds are not deducted

When determining which types of assistance are withheld and which are not, the criteria for the intended purpose of such payments are taken into account. For example, alimony is not collected from payments:

• for burial;
• for the birth of a child;
• due to injury or damage to health, and so on.

Entrepreneurship

Collection of alimony from individual entrepreneurs is no different from collection from other citizens. In the same way, both compulsory and voluntary collection procedures are possible.

However, only relatively recently, in 2013, an end was put to the dispute over how maintenance payments should be calculated: from income or from profit.

In addition, it is legally established that alimony funds are not considered an expense item for an entrepreneur, since they are of a purely personal nature. We recommend that you familiarize yourself in more detail with the features of withholding alimony from an individual entrepreneur.

Civil transactions

In addition to official employment, a citizen can work under civil contracts, for example, under a contract. According to the terms of the latter, the customer and the contractor stipulate the subject, timing and procedure for the execution of the agreement.

Although civil employment contracts are often fixed-term (temporary), this does not exempt the person working under such a contract from paying alimony, since the remuneration received in this case is considered income.

In other words, work on civil transactions does not in any way impede the ability to collect alimony from a citizen.

Amount of alimony collected

When determining the amount of deductions from wages, one should be guided by the provisions of Art. 81 RF IC. This article provides that in the absence of parental consent, funds for the maintenance of children will be collected in the amount of:

• for one child – ¼ of income;
• for two children – 1/3;
• for three or more children – ½ or more, but not more than 70% of income.

The amount of deductions from wages can also be determined in a fixed amount. This often happens if the payer does not have a permanent job or receives income in kind. As in a child support agreement, when filing a claim with the court, you can specify any amount according to the needs of the child.

 In our material you can learn more about how the amount of alimony is determined.

From what income is alimony not deducted?

The amounts of income from which alimony is not deducted include those that, due to their social significance and focus, are directly provided for by current legislation. In other words, the legislator limits the list of income from which funds can be recovered.

This means that since maintenance funds are established for the purpose of material support for a person who needs them, then when resolving the issue of what payments they can be withheld from, you need to pay attention to whether the payer himself needs these funds.

Thus, to resolve the issue of how alimony can be collected, let us turn to the provisions of Article 101 of the Federal Law of October 2, 2007 No. 229 - F3, which directly stipulates that maintenance funds cannot be collected:

• from money paid for harm caused to health;
• funds for funerals, births, marriages;
• survivor benefits;
• labor compensation and so on.

How alimony is withheld from unofficial income

Currently, not everyone can boast of official employment. Many citizens are forced to accept a job when the legal relationship between them and employers is informal, that is, payment occurs by agreement.

What to do if a citizen does not have a fixed (predictable income), in what amount can alimony be collected? In this case, maintenance should be required to be paid in a fixed fixed amount.

Judicial practice in cases of alimony collection

When courts consider claims for the collection of alimony, the practice established in this category of cases plays an important role. In particular, the courts are guided by the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 56 “On the application of legislation by courts when considering cases related to the collection of alimony.”

In addition, on May 13, 2015, the Presidium of the Supreme Court of the Russian Federation approved the “Review of judicial practice in cases related to the collection of alimony for minor children, as well as for disabled adult children.”

In judicial practice, there are often cases of the payer concealing his income. Such sources of additional income may be profits from renting out an apartment without concluding a rental agreement, or income from permanent work without registration.

In such situations, the plaintiff must provide significant evidence so that the court takes his side and takes into account all the defendant’s income when setting the amount of payments.

conclusions

The alimony obligation of citizens towards their loved ones is provided for by the legislation of the Russian Federation. In case of evasion, the court of the relevant instance may oblige the alimony provider to forcibly pay the funds.

Maintenance funds can be collected from wages, pensions or scholarships, as well as from other types of income of citizens.

However, there are certain exceptions that you need to be aware of. For example, recovery from funds paid for harm caused to health is prohibited; financial assistance on the occasion of a funeral, birth of a child, marriage; payments in case of loss of a breadwinner, as well as labor compensation.

Income from which child support is not collected: Video

From what income, payments and amounts is alimony not withheld?

The essence of alimony is the need for one family member to pay a certain amount to another family member in order to ensure his maintenance.

Most often, alimony obligations become an instrument of financial assistance from a parent who has left the family to their minor children, but the law also establishes other types of alimony: alimony for disabled parents; alimony for a disabled spouse, etc.

Family law indicates two ways to determine the amount of this obligation:

In the latter case, alimony is withheld from the former spouse's wages or alternative income by the employer. Many payers and recipients of alimony are tormented by the question: from what income is alimony not withheld and is this stated in the law?

Income exempt from alimony

Article 82 of the Family Code notes that the list of types of income received by parents that can act as a basis for withholding alimony payments is determined by the Government of the Russian Federation. The necessary list was approved by its Resolution No. 841 (dated July 18, 1996).

In this document you can find not only information about earnings suitable for paying alimony, but also a number of exceptions. Thus, such deduction is not made from:

• pensions assigned on the basis of loss of a breadwinner;
• amounts paid by the employer due to the birth of a child, death of a relative, or marriage;
• reimbursement of expenses for business trips and transfers to other locations.

A complete and detailed list of amounts from which the collection of alimony is impossible is contained in Article 101 of the Federal Law “On Enforcement Proceedings”.

When I learned that not all income is subject to alimony.

• You can conditionally divide the specified list of amounts from which alimony is not deducted into subgroups for ease of perception (the above exceptions from the Resolution are also reflected here). So, the following income cannot serve as a basis for withholding alimony:
• 1. Payments, the purpose of which is to compensate for harm caused by the loss of a breadwinner;
• 2. Payments of a compensatory nature (based on labor standards), including covering expenses for business trips, moving to another area for the purpose of work, wear and tear of the tools necessary for a person to perform work;
• 3. Funds addressed to persons who received injuries and other injuries during the performance of their official duties, as well as to the families of such workers in the event of their death;
• 4. Payments in the form of financial assistance, made at a time in connection with:

• extraordinary circumstances such as natural disasters;
• terrorist actions;
• the birth of a child or marriage;
• as humanitarian aid.

1. 5. Amounts of maternity capital;
2. 6. Compensation in full or in part for employee vouchers to health institutions on the territory of our state, as well as similar vouchers for children under sixteen years of age;
3. 7. Insurance coverage (for compulsory insurance), excluding insurance pensions for old age and disability;
4. 8. Funeral benefits;

9. Alimony received by the payer of alimony for other children or as a spouse or parent.

Benefits based on temporary disability (sick leave) are not included in this list, and alimony is withheld from them in full.

If you have difficulties resolving an alimony issue and want to find out first-hand about which alimony payments are not withheld, experienced lawyers at the Planet of Law ICPI are ready to provide any legal assistance within the framework of the special program “Alimony? - Elementary! We are waiting for your call right now + 7 (495) 722-99-33!

Child support in Belarus 2023. Amount, how to apply for alimony

Alimony is a one-time or periodic payment of funds (transfer of property) to a person entitled to financial assistance from another person. As a rule, the recipient and payer of alimony are individuals. The word itself comes from the Latin alimentum - food.

The first condition giving the right to receive alimony is the fact of an existing family or kinship relationship between the person applying for maintenance and the one from whom it is demanded. The second is the inability of the recipient of payments to provide for themselves financially. The third is the cessation of common farming.

The following have the right to receive alimony:

• minors and disabled adult children from parents;
• ex-wife from her ex-husband during pregnancy, if the pregnancy occurred before the divorce;
• a former spouse caring for a common child under 3 years of age or a disabled child under 18 years of age or an adult disabled child;
• in some cases, by court decision, one of the former spouses has become disabled and needs financial assistance from the other former spouse;
• disabled parents in need of financial assistance from able-bodied children.

Child support in Belarus in 2023

If parents and former spouses are relatively rarely recipients of alimony, then their assignment to children is as common as the divorce of their parents.

This is due precisely to the high level of divorce. As a result, the parent who does not live with the child becomes obligated to pay child support, and the other parent becomes its recipient and administrator.

Let’s try to answer the question: “how to apply for alimony in Belarus” based on the legislation currently in force (i.e. in 2018) and established practice.

The process of assigning child support in court begins with the filing of a statement of claim from the parent (guardian) who has custody of the child. The application must be accompanied by a copy of the child’s birth certificate, marriage certificate, if one was concluded, and other documents required by the court.

If voluntary payment of alimony occurs by agreement of the parties, then when collecting in court, two options are distinguished:

• monthly payments of a percentage of income (earnings);
• payment of a certain amount that is a multiple of the minimum wage (basic value).

The following norms of regular contributions for child support have been adopted in Belarus:

• At least 25% of income is allocated for the maintenance of one child;
• the amount of alimony for two children will be at least 33%;
• for three or more children – at least 50%.

Minimum amount of alimony collected monthly from the income of able-bodied parents

amount of alimony in Belarusian rubles.

Amount of alimony

In 2023, the fundamental principles for determining the amount of alimony have not changed. You can collect alimony for a minor child either as a percentage of your salary or as a fixed sum of money . Their size depends on the number of children the payer has.

If the parties have found a compromise, they can enter into a voluntary notarial agreement. If an agreement between relatives is impossible , then it is necessary to go to court.

Both the payer and the recipient have the right to change the amount of alimony if there are compelling reasons. They can:

Alimony for the maintenance of minor children is collected from many of the payer’s incomes (salary, bonuses, etc.), but it is impossible .

Amount of alimony by court decision

As a rule, alimony for the maintenance of minor children is collected by the court as a share (percentage) of the payer’s income.

The amount of alimony paid monthly in shares per child by decision of the court is:

It is important to take into account that the amount of alimony as a percentage of income depends on the total number of children in need of financial support of the payer. For example, if a man is required to pay alimony for two children from different marriages, then a third will be collected from his income, therefore, each of the minor children will receive 1/6 of the amount.

Example. Anatoly D.’s earnings are 25,000 rubles after deducting income tax. The man has two children from different marriages, each of his ex-wives filed for alimony.

According to the law, 8,333 rubles are withheld from a man’s salary. 30 kopecks, which is a third of the salary (approximately 33.3%) for the maintenance of two children. Consequently, this amount will be divided equally between two children from different women.

Each of the minors will receive 4,166 rubles. 60 kopecks, i.e. 1/6 of the father’s salary.

If the shared method of collection is not possible, then the court may determine the amount of alimony in:

When deciding the amount of a fixed amount , the court takes into account the level of financial support of the child before the divorce in order to preserve it subsequently. TDS, as a rule, is prescribed when the payer’s income is unstable, income is received in kind or in foreign currency, and also when he does not have a permanent place of work.

Amount of alimony by agreement

The agreement provides for the collection of alimony in the amount, order and manner that suits both parties . However, the amount of financial assistance cannot be less than what a person receiving funds to support a child could count on when filing a claim in court .

• Answer a few simple questions and get a selection of site materials for your case ↙

Sizing method:

The agreement also provides for indexation of the amount of alimony . If such a procedure is not specified in it, it will be determined in accordance with the provisions of Art. 117 of the Family Code (SC). The agreement on the payment of alimony must be certified by a notary , otherwise it will not have legal force.

The amount of recovery for spouses and former spouses in court

The collection of alimony for a spouse is especially important when it comes to financial support for a mother raising a child under three years of age. In addition, Chapter 14 of the RF IC describes a number of cases when it is possible to recover funds from a husband to his wife and vice versa.

In the absence of an agreement between spouses (former spouses) on the payment of alimony, its amount is determined by the court, depending on the financial and marital status of all interested parties, in a fixed amount of money paid every month.

Why is alimony not withheld?

In the article we will consider the general procedure for withholding alimony, from which payments deductions are made, payments from which alimony is not withheld, and also consider non-standard situations when withholding alimony.

Alimony is withheld from the salary and other accruals of an employee of the organization on the basis of: – a writ of execution; – a court order; – a notarized agreement on the payment of alimony.

Alimony is withheld from payments that are prescribed in Decree of the Government of the Russian Federation dated No. 841. 54 Resolution of the Plenum of the Armed Forces of the Russian Federation dated No. 2, the share of wages paid in non-cash (in kind) form cannot exceed 20% of the accrued monthly wage.

Since the employee’s salary is calculated in rubles (regardless of whether part of the salary will be paid in kind in the future), alimony is calculated in the usual manner from the entire accrued salary and is withheld from the 80% of the employee’s income that is paid to him in cash.

Temporary disability benefits are withheld in accordance with the general procedure. Regardless of whether the employee is an internal or external part-time worker, all his payments are taken into account when calculating alimony.

From maternity benefits, as a rule, on the basis of 12 hours. Alimony from vacation amounts is withheld in accordance with the general procedure.

During rolling leave, there is no need to distribute alimony amounts by month. If the employee has no payments in a month, there is no need to withhold alimony, since the law does not yet provide for a minimum amount of alimony withholding.

The law does not require that alimony be withheld from the advance payment.

But if it is known that the employee will not receive anything other than the advance payment by the end of the month, for example, the employee was on vacation early or will take a vacation without maintaining the average salary, then it is more advisable to withhold alimony when paying the advance.1. For example: Salary 22,000 rubles, advance payment 11,000 rubles.

We determine the income (wages and other payments) of the employee for the month from which alimony will be collected.2. 109 of the Family Code of the Russian Federation provides for the payment of alimony from all types of income minus personal income tax and taxes.

Is alimony withheld from the amount of the additional benefit - Alimony

Before collecting alimony, we withhold personal income tax.3. In October, he went on vacation and his alimony was withheld...referring to the fact that vacation pay was accrued for 2015-2016.

We calculate and withhold alimony in the amount specified in the writ of execution or in other documents on the basis of which alimony is withheld.4.

We transfer alimony to the recipient within three days from the date of payment of wages. I submitted a notification to the accounting department confirming the property deduction, after which they stopped withholding personal income tax.

Now alimony is withheld from the full amount without deducting personal income tax.

We determine the amount of each type of deduction within the maximum amount. If several enforcement documents have been received against an employee and the funds allowed for collection are not enough to satisfy all requirements, the order and essence of each type of deduction should be taken into account.

We believe that the forced fee should also be collected within the maximum amount of deductions. The remaining alimony debt is 408.85 (500 rubles.

Let’s look at the algorithm for “alimony” actions in the context of several types of deductions and the insufficiency of the employee’s earnings to satisfy them in full. You can determine the amount of each type of deduction within the maximum amount of deductions using. - 91.15 rubles) and the compulsory fee attributable to it is 40.89 rubles.

x 10%) are transferred to the next month and are subject to deduction when paying income to the employee in compliance with the established priority and the maximum amount of deductions.

We determine the deadline for transferring withheld amounts. Timely transfer of amounts withheld according to executive documents to the claimant or to the account of the enforcement authority is the responsibility of the employer.

For able-bodied parents receiving alimony, the law establishes a minimum amount of alimony per month.

For our case, the equation will have the following form: 106.84 a (106.84 a) x 0.015 a x 0.1 = 210.07, where a is alimony debt allowed to be withheld within the maximum amount limit, rub. ; 106.84 — alimony for October, rub.

; (106.84 a) x 0.015 — commission for transferring alimony to the claimant to the card account, rub.; a x 0.1 - forced collection in the amount of 10% of each amount of alimony debt transferred to the collector, rubles; 210.07 — maximum amount of deductions, rub.

Since alimony calculated from the employee’s actual earnings is less than this amount (75.03 rubles. In our case, the maximum amount of deductions is 210.07 rubles.

Let's solve this equation: 106.84 a 1.603 0.015a 0.1a = 210.07; a 0.015a 0.1a = 210.07 - 106.84 - 1.603; 1.115a = 101.627; a = 91.15. With such amounts, the maximum amount of deductions will be observed (RUB 106.84).

In the situation under consideration, the employee pays child support for one child; accordingly, its amount for October cannot be lower than 106.84 rubles.

Thus, when paying wages for October, you should withhold: - alimony for October - 106.84 rubles; - arrears of alimony for previous periods - 91.15 rubles.

; — commission to the bank for transferring alimony — 2.97 rubles. 91.15 rub.) x 1.5%); — forced collection — 9.11 rubles.

• The Constitutional Court (CC) of Russia found the provision of the list of types of wages and other income of citizens for withholding alimony, which allows them to be collected from compensation paid by the employer when using personal transport of employees for business purposes, to be inconsistent with the Constitution, follows from the court materials.
• The basis for considering the case was a complaint from a resident of the Krasnoyarsk Territory, Gennady Beloskov.
• Since his work at the Centralized Regional Technical Service company is traveling in nature, his employer has been paying Belonoskov compensation since 2012 for using his personal car for business purposes.
• In 2016, by order of the bailiff, alimony for the maintenance of Beloskov’s children was collected from both his salary and this transport compensation.
• Having failed to appeal this decision in the courts, the applicant appealed to the Constitutional Court of the Russian Federation.
• As the Constitutional Court noted, according to the contested norm, only compensation payments from the employer to the employee in connection with the wear and tear of his tools are indicated as payments from which alimony is not withheld.

According to the Constitutional Court, withholding alimony from these payments, in particular, “violates...

The principle of equality of workers who use various types of personal property to perform the work assigned to them within the framework of labor relations.” “The Government of the Russian Federation should...

1. From what income alimony is not deducted Alimony may not be deducted from all amounts and types of income received.
2. It is prohibited to collect them from the following payments: o benefits paid to women for pregnancy and childbirth o (exception: payments on sick leave), o compensation for special meals in a medical institution, o compensation for a business trip, o compensation for transfer to work or service in another locality, o compensation for funds spent on repairing or replacing working tools owned personally by the employee, o financial assistance provided in connection with a wedding, the birth of a child, the burial of a loved one, or natural disasters.
3. O maternity capital, o survivor's pension, o alimony payments received from another person.

From what income is alimony not withheld, and from what not?

• The basis for considering the case was a complaint from a resident of the Krasnoyarsk Territory, Gennady Beloskov.
• Since his work at the Centralized Regional Technical Service company is traveling in nature, his employer has been paying Belonoskov compensation since 2012 for using his personal car for business purposes.
• In 2016, by order of the bailiff, alimony for the maintenance of Beloskov’s children was collected from both his salary and this transport compensation.
• Having failed to appeal this decision in the courts, the applicant appealed to the Constitutional Court of the Russian Federation.
• As the Constitutional Court noted, according to the contested norm, only compensation payments from the employer to the employee in connection with the wear and tear of his tools are indicated as payments from which alimony is not withheld.

According to the Constitutional Court, withholding alimony from these payments, in particular, “violates...

The principle of equality of workers who use various types of personal property to perform the work assigned to them within the framework of labor relations.” “The Government of the Russian Federation should...

1. From what income alimony is not deducted Alimony may not be deducted from all amounts and types of income received.
2. It is prohibited to collect them from the following payments: o benefits paid to women for pregnancy and childbirth o (exception: payments on sick leave), o compensation for special meals in a medical institution, o compensation for a business trip, o compensation for transfer to work or service in another locality, o compensation for funds spent on repairing or replacing working tools owned personally by the employee, o financial assistance provided in connection with a wedding, the birth of a child, the burial of a loved one, or natural disasters.
3. O maternity capital, o survivor's pension, o alimony payments received from another person.

Child support in 2023, from which payments are withheld

• As can be seen from the above, most payments for labor relations (not related to wages) are not taken into account when collecting alimony.
• For example, from military personnel money is withheld from all types of security.
• Persons who work abroad in a government organization pay double alimony, taking into account various payments.
• Citizens who receive wages exclusively abroad pay alimony according to the following principles: Citizens who are serving a sentence in correctional labor pay alimony based on total earnings.
• When the court makes a decision to collect alimony payments in the form of a certain share of earnings established by it, people who are little knowledgeable about the legal intricacies of this issue have to find out exactly what income should be deducted for the child.
• The text of this resolution in brief form, without unnecessary details, is given below.
• Contents Recommended 02 Other sources of funds and income from which alimony should be collected Alimony payments are collected not only from accrued salaries and additional remunerations.
• The maintenance of other categories of the population is not entitled to alimony for compensation of unused vacation.
• Collection of payments Collection of child support, which was established by the court, is carried out at the place of his work.
• The amount of alimony is established on the basis of his “net” income.
• When the payer settles with you, the profit that the defendant receives after withholding payments to the Pension Fund and income tax is used.
• Other deductions from wages are not taken into account.
• Those persons who are serving a prison sentence or are undergoing treatment for drug addiction pay alimony from their full salary.
• If the payer is engaged in creative activities, then alimony is collected from wages (if it is fixed), from royalties, or from remuneration for the public demonstration of one’s creativity.
• Citizens who are members of various joint companies or cooperatives pay alimony from any earnings they receive.
• There are also situations when citizens do not want to pay alimony.
• In such cases, you should contact the Federal Bailiff Service.
• Some lawyers have come to the conclusion that a person selling a piece of real estate does not receive income at all, but only changes the form of ownership: it “migrated” from natural to monetary.
• In 2012, the Constitutional Court of the Russian Federation considered a citizen’s complaint about a violation of his constitutional rights by Resolution No. 613 of the year, which introduced the same controversial clause “o”.
• He saw the violation in the fact that in fact this addition limited the rights of a bona fide alimony payer in the exercise of his property rights.

Alimony from bonuses in 2023 is withheld at the end of the year

1. The court determined that alimony for the sale of an apartment or other real estate can be recovered if the transaction was carried out as part of the performance of the payer’s labor duties or business activities.
2. If such a transaction is private, then alimony is not paid.

3. They are paid by parents working in organizations of any organizational and legal form, as well as on the basis of employment contracts in peasant (farm) households and individual entrepreneurs.
4. The earnings from which alimony is withheld can be in cash or in kind (clause
5. Income from which alimony is not deducted is defined in Art.

6. 525 of the Civil Procedure Code of the Republic of Belarus and paragraph.

137 Instructions for enforcement proceedings, approved by Resolution of the Ministry of Justice of the Republic of Belarus dated No. 40.

For able-bodied parents, the minimum amount of alimony per month is no less than: – 50% of the average per capita subsistence budget (hereinafter referred to as BPM) – for 1 child; – 75% BPM – for 2 children; – 100% BPM – for 3 or more children.

• The percentage of alimony ordered by the court is usually indicated in the writ of execution.
• Accounting calculates a specific amount based on the amount of wages and other income accrued to the employee paying alimony.
• Restrictions established by labor legislation For each payment of wages, the total amount of all deductions cannot exceed 20%, and in cases provided for by law - 50% of the wages due to the employee (part one of Art.
• The court determined that alimony for the sale of an apartment or other real estate can be recovered if the transaction was carried out as part of the performance of the payer’s labor duties or business activities.
• If such a transaction is private, then alimony is not paid.
• They are paid by parents working in organizations of any organizational and legal form, as well as on the basis of employment contracts in peasant (farm) households and individual entrepreneurs.
• The earnings from which alimony is withheld can be in cash or in kind (clause
• Income from which alimony is not deducted is defined in Art.
• 525 of the Civil Procedure Code of the Republic of Belarus and paragraph.

137 Instructions for enforcement proceedings, approved by Resolution of the Ministry of Justice of the Republic of Belarus dated No. 40. For able-bodied parents, the minimum amount of alimony per month is no less than: - 50% of the average per capita subsistence budget (hereinafter referred to as BPM) - for 1 child; – 75% BPM – for 2 children; – 100% BPM – for 3 or more children.

1. The percentage of alimony ordered by the court is usually indicated in the writ of execution.
2. Accounting calculates a specific amount based on the amount of wages and other income accrued to the employee paying alimony.
3. Restrictions established by labor legislation For each payment of wages, the total amount of all deductions cannot exceed 20%, and in cases provided for by law - 50% of the wages due to the employee (part one of Art.

Calculation of alimony

Alimony refers to payments for the maintenance of a family member made by the payer of alimony (for example, the father of a child) in cash or in kind to the recipient of alimony (for example, the mother of a child) if there are certain grounds. In practice, most often, the basis for paying alimony is divorce proceedings.

The legislative basis for the payment of alimony is the Family Code of the Russian Federation, which contains basic principles and concepts, the Federal Law “On Enforcement Proceedings,” which describes the procedure for collecting alimony, as well as the Decree of the Government of Russia “On the list of types of wages and other income from which alimony is withheld.”

Payments , bonuses and rewards, etc.

Alimony is not paid from maternity capital, from one-time compensation payments (for example, in case of a natural disaster), from benefits, from already paid alimony, etc.

In situations where child support must be paid, the amount of payments is determined based on a percentage of the payer’s total income , which directly depends on the number of dependents.

The accrual of alimony begins from the moment a claim is filed in the magistrate's court, and in the future, in court, it is possible to either increase or decrease the amount of alimony paid, depending on certain particular cases.

List of income from which alimony is calculated

According to the Decree of the Government of Russia “On the List of types of wages and other income from which alimony for minor children is withheld,” child support payments are collected from the following income:

• from the salary of the alimony payer, which can be accrued based on tariff rates, in the form of a salary, for piecework, from interest income on revenue, in kind, from commissions, for additional hours of teaching in an educational institution (for example, if the payer is a teacher university);
• from remuneration in cash or other income of citizens who hold government positions in the Russian Federation, are civil servants of regional authorities, fill positions in the federal state civil service, are deputies, members of municipal election commissions, etc.;
• from the salaries of municipal government employees;
• from payments in the form of fees paid to employees of media or arts institutions located on the staff of the institution;
• from additional amounts (allowances, additional payments) for professional achievements, class rank, length of service or experience, scientific degrees, knowledge of foreign languages, state secrets, etc.;
• from additional payments that are accrued in connection with special working conditions (hard work, hazardous and hazardous production, night shifts, work on holidays, etc.);
• from the bonuses of teachers of educational institutions for classroom management (usually in kindergartens and schools);
• from monetary amounts of medical workers (nurses, doctors, obstetricians, paramedics, etc.);
• from bonus payments that are included in the general remuneration system of a particular organization;
• from the average salary due to an employee in accordance with Russian legislation, including vacation;
• from additional payments in relation to citizens who did not work on non-working days, except for persons who have a salary part in their wages;
• from other payments in favor of employees provided for by the laws of the regions of Russia or initiated by employers.

Moreover, alimony payments are made :

• from pensions, including taking into account all possible indexations, except for pension payments for the loss of a breadwinner, financed by budgets of all levels (federal, regional);
• from scholarships of citizens receiving primary, secondary or higher vocational education, who are graduate students and doctoral students or students of religious educational institutions;
• from payments in the form of benefits received by temporarily disabled citizens, as well as the unemployed, in accordance with a court decision;
• from sums of money that are paid to an employee upon liquidation or reduction of staff of an organization;
• from the income of citizens engaged in artisanal work (mining operations);
• from income from individual entrepreneurship (IP);
• from rental income;
• from income from securities or dividends, etc. ;
• with maternal assistance;
• from payments related to compensation for harm caused to health;
• from the amounts of income received under contracts, in the implementation of copyrights, as well as in the exercise of notarial or advocacy activities, etc.

From a convicted person serving a sentence, alimony is withheld from his salary, taking into account compensation for the costs of his maintenance.

Income from which alimony is not charged

Current legislation does not make it possible to collect alimony from the following income:

• from amounts for compensation for damage to health;
• from amounts for compensation for damage associated with the death of the breadwinner;
• from payments intended for people who received bodily injuries during the performance of official tasks or family members of such persons (in case of death);
• from compensation in favor of citizens (at the expense of budgets of all levels) who received harmful effects to health during radiation or man-made disasters;
• from payments to persons caring for disabled people;
• from compensation for travel, purchase of medicines, etc.;
• from already paid alimony;
• from compensation in connection with business trips, transfers to work, etc. ;
• from pension provision in case of loss of a breadwinner (financing from the Federation budget or the regional budget);
• from child benefits;
• from maternal capital funds;
• from the amount of one-time financial assistance provided from the budget (federal, regional), as well as extra-budgetary funds (for example, compensation for lost property during a natural disaster, etc.);
• compensation for the cost of travel packages;
• compensation for the cost of travel to the place of treatment;
• from funeral benefits, etc. (Article 101 of the Federal Law “On Enforcement Proceedings” prohibits the collection of payments from such income).

Procedure for calculating alimony

In cases where alimony is subject to withholding to provide for children, its form, amount and period of payment can be established by an alimony agreement concluded, as a rule, by the parents of a minor.

An alimony agreement involves the voluntary establishment and calculation of alimony, in which the amount of payments is determined by both parties individually , but cannot be lower than the amount that can be obtained in court.

Payments for alimony can be established by the magistrate's court.

In situations where child support is payable for one child, the amount of the payment must be at least a quarter of the payer’s income .

Alimony for 2 children is assigned in the amount of at least one third of earnings. Alimony payments for 3 or more dependents are set at half the payer’s earnings.

Example

Sintsov A.N. and Sintsova O.I. submitted an application to the registry office for divorce. After the end of the divorce proceedings, the former spouses decided to draw up an alimony agreement, according to which Sintsov A.N. - the father of 2 minor children born in marriage to O.I. Sintsova, assumed obligations to pay alimony in relation to his ex-wife, with whom his children will remain to live.

Salary of Sintsov A.N. at the time of the divorce it was 40,000 rubles after tax. The alimony agreement was certified by a notary and entered into force. In accordance with the concluded agreement, Sintsov A.N.

Every month he will independently transfer alimony for the maintenance of his children in the amount of 35% of his only income - salary. Thus, Sintsov A.N.

every month he will pay his wife an amount of 14,000 rubles (40,000 * 0.35).

In relation to minors, the court has the opportunity to increase the maintenance to seventy percent of the income of the alimony payer.

If the income of the alimony payer is unstable or in foreign currency, the magistrate’s court has the right to establish payment in a fixed amount .

When making a decision on alimony, the court takes into account the following circumstances :

• marital status of the payer and recipient of alimony;
• material support of the parties;
• other facts that deserve attention from the court.

• The main goal of the judge when establishing the amount of alimony is to preserve for the children the previous level of financial support that existed before the divorce or in other situations.
• In court, it is possible to either increase or decrease the amount of alimony paid.
• When reaching an alimony agreement, the parties must provide for indexation of payments, and if the agreement does not contain such a clause or is not drawn up in principle, the indexation procedure occurs in proportion to the increase in the cost of living for a specific group of the population of a particular region of Russia at the place of residence of the alimony recipient.
• When determining the amount of payments by the court, alimony, as well as when drawing up an agreement, is subject to periodic indexation, however, the Family Code of the Russian Federation allows for indexation of alimony established only in a fixed monetary amount .

The calculation of alimony begins from the moment a claim is filed with the magistrate court, and not from the day its decision enters into legal force (Article 107 of the Civil Code of the Russian Federation).

Current legislation provides for the possibility of collecting alimony from the payer for the previous 3 years , which preceded the filing of the claim in court.

In such circumstances, there will need to be some evidence to show that the claimant has made futile attempts to obtain payment.

Moreover, the statute of limitations does not apply to alimony cases.

Special cases of calculating alimony

Let's consider options for calculating alimony in different life circumstances. Let's look at the most common ones among them.

Alimony from sick leave

To a person on sick leave, the employer is obliged to pay part of the salary, which is subject to personal income tax. Current legislation does not distinguish between the payment of alimony with wages and when taking sick leave.

To receive alimony, the writ of execution must contain a note indicating the withholding of the amount from temporary disability benefits. If such a mark is missing, the recipient of alimony files a lawsuit.

Alimony from vacation pay

Due to the fact that vacation pay is part of the salary for the vacation period, the payment of alimony from such income of the payer is mandatory .

The procedure for paying vacation pay is contained in the Labor Code of the Russian Federation, which provides that the employee must receive money for the vacation no later than three days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation).

After accruing vacation payments to the employee, the withheld amount must be transferred three days

Alimony from individual entrepreneurs

The obligation to pay alimony by an individual entrepreneur does not differ from the obligation to pay it by an ordinary employee.

Unlike an employee, an individual entrepreneur generates income based on their received profit , which may differ from month to month, so the court has the right to establish the amount of payments both as a percentage of the profit and as a fixed sum of money.

Moreover, the Federal Bailiff Service (FSSP), to collect alimony in the interests of the recipient, can use not only the cash income of the entrepreneur, but also the property .

Alimony from an unemployed person

The Family Code states that the responsibility of parents to support children under the age of majority does not depend on employment (Article 80 of the RF IC).

If, in addition to lack of employment, the parent paying alimony has no other income (for example, a pension), the court has the opportunity to order alimony payments based on the minimum wage established by federal law.

If the alimony payer receives benefits , then alimony payments from such an amount are made in the same way as deductions from the salary of a working payer.

Alimony from a disabled person

Payment of alimony from the income of disabled people, as in the case of healthy people, occurs in the usual manner. In this situation, a disability pension and other compensation payments in favor of a disabled person will be recognized as income.

In special cases, the court, based on a comparison of the severity of the illness and the size of the payer’s pension, has the right to reduce the amount of alimony. rare in judicial practice , since the legislation allows the income of a disabled person to be brought to the subsistence level.

Conclusion

Alimony plays an important role in finalizing divorce proceedings.

The main purpose of alimony is to maintain the same level of financial support for children (existing before the divorce) for their full development.

This goal is achieved through a set of measures to organize a continuous (usually monthly) process of payments in favor of the recipient of alimony, depending on the income of the payer.

An alimony agreement drawn up by the child’s parents is a civilized way to determine the form, amount and period of payment of alimony.

If an agreement is not reached between the parties, alimony payments may be established by the magistrate's court on the basis of all the facts available at the time of consideration of the case.

When considering particular cases of calculating alimony, one should focus only on some differences associated with the specific income of the payer, in respect of which deduction is applied.