Is it possible to save on child support? Alimony and "white" salaries

In accordance with paragraph 2 of Article 107 of the Family Code Russian Federation Alimony for the past period can be collected within a three-year period from the date of filing a lawsuit. You can claim maintenance not only for the child, but also for yourself within 3 years from the date of birth of a common child, in accordance with paragraph 2 of Article 89 of the Family Code of the Russian Federation.

It is possible that these are the consequences of the inaction of bailiffs, in accordance with Article 99 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007 N 229-FZ, when executing an executive document (several executive documents), up to 50% of wages and other income can be withheld from a debtor-citizen . Write an Application addressed to the senior bailiff of the head of the OSP UFSSP of Russia in your region. You can apply to the OSB UFSSP of Russia in your region with an Application (2 copies), the main thing is that your copy is stamped, in. No. and signature, you can submit either directly to the OSP UFSSP of Russia in your region or send it by registered mail with a notification and description if the bailiffs refuse to accept. You can apply to the Court with Complaints about the inaction of bailiffs in accordance with Article 441 of the Civil Procedure Code of the Russian Federation. If it doesn’t help, then you can file Complaints about the actions, inaction of the bailiff and the senior bailiff of the head of the OSP UFSSP of Russia in your region to the Prosecutor’s Office and the Court (no state duty is charged), all this can be sent by registered mail with notification and inventory.

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Catherine

Alimony in a fixed amount of money is also established when earnings are either absent or the place of work and income are constantly changing, if the income of the father of your child is in foreign currency or in kind.
Then it turns out that you will receive a very meager amount as a percentage of your salary. In this case, the Family Code of the Russian Federation provides in Article 83 for the establishment of the amount of alimony in a fixed amount of money. Or at the same time in a fixed amount of money and in shares, that is, as a percentage in accordance with Article 81 of the RF IC on the amount of alimony.
The amount of alimony in a fixed amount of money is established by the court for the purpose of indexation in accordance with Art. 117 of the RF IC, corresponding to the minimum wage at the moment, at the time of the plaintiff's appeal - that is, you, to the court, as well as a certain number of minimum wages. That is, the amount of alimony is calculated in such a way as to maintain a decent standard of living for the child and taking into account many circumstances, such as: the presence of other children dependent on the defendant (your ex-husband) - disabled children for whom he already pays alimony. The court takes into account the material and family circumstances of both parties, the work capacity of the plaintiff and the defendant.

It is worth noting that the minimum wage in the Russian Federation is set based on the subsistence level.

The recovery of alimony in a fixed amount of money, the court can turn on the property of your husband.
Upon divorce, making statement of claim about the termination of the marriage, write immediately an application for the recovery of alimony in a fixed amount of money, that is, 2 in 1.
You can also file a claim for alimony if you are married. That is, it is not necessary to get divorced in order to receive funds for the maintenance of a child by a court decision.

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In the general case, alimony is collected in shares of the debtor's earnings. To recover alimony in a fixed amount of money, it is necessary to comply with the special conditions listed in Article 83 of the Family Code of the Russian Federation: in cases where the recovery of a share is impossible, difficult or significantly violates someone's interests; if the payer has no income; if the alimony payer receives income in the form of products or goods, or in other kind; if the alimony payer has a seasonal or fluctuating income, which is typical for seasonal workers, creative workers, entrepreneurs; if the income received is paid in foreign currency.

Any party can file a claim for the recovery of alimony in a fixed amount of money. The court has the right to collect alimony for minor children simultaneously in shares of the defendant's earnings and in a fixed amount of money.

The recovery of alimony for minor children in a fixed amount of money is possible only in lawsuit proceedings, after filing a claim and a court decision on the recovery of alimony in a fixed amount of money. Court orders for the recovery of alimony in a fixed amount of money are not issued.

Claims for the recovery of alimony are submitted to the justice of the peace. The choice of a justice of the peace, at the place of residence of the plaintiff or the defendant, is the right of the plaintiff. The plaintiff is exempted from paying the state duty when filing a claim for the recovery of alimony in a fixed amount of money.

The amount of alimony is set in a fixed amount of money, which, in accordance with Article 117 of the Family Code of the Russian Federation, is set as a multiple of the subsistence minimum for children established in the constituent entity of the Russian Federation where the minor child lives.

If the subsistence minimum in a constituent entity of the Russian Federation is not established, the subsistence minimum for the Russian Federation as a whole is accepted, which is established by a Decree of the Government of the Russian Federation on a quarterly basis, as a rule, with a significant delay of 5-6 months. When changing the cost of living, the amount of alimony collected in a fixed amount of money is subject to indexation, which independently, by virtue of the law, is carried out by a bailiff or an organization at the place of work of the debtor

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Article 83 of the RF IC Collecting alimony for minor children in a fixed amount of money this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony as a share of earnings and (or ) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money. 2. The amount of a fixed amount of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the material and marital status parties and other noteworthy circumstances. 3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, is determined in a fixed sum of money collected monthly and determined by the court in accordance with paragraph 2 of this article.

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The peculiarity of alimony in a fixed amount is that they are not set in the amount of a share of the earnings or income of the parent, but a multiple of the subsistence minimum established for a minor child in a particular region. And if it is not established by the local authorities, payments are calculated based on the size of the all-Russian subsistence minimum established by the Government of the Russian Federation.

Alimony in a fixed amount can be assigned to the maintenance of an adult disabled child, the maintenance of the second parent caring for common children under 3 years old, as well as to a minor child, subject to certain conditions.

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1. The right to demand the provision of alimony in judicial order from a former spouse who has the necessary means for this, they have:
ex-wife during pregnancy and within three years from the date of birth of a common child;
a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I;
a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of the dissolution of the marriage;
a needy spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.
2. The amount of alimony and the procedure for their provision to the former spouse after the dissolution of the marriage may be determined by an agreement between the former spouses.

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If your husband does not work officially, then the bailiff will still calculate the alimony arrears based on the average salary in Russia. In this case, you can only reduce the amount of alimony. You need to apply to the court with a statement of claim for the recovery of alimony for your child and for you (it does not matter that you are married). In accordance with Article 89 of the Family Code of the Russian Federation, in the event of refusal of material support and the absence of an agreement between the spouses on the payment of alimony, the wife has the right to demand the provision of alimony in court from the other spouse who has the necessary funds for this, the wife has during pregnancy and for three years since the birth of a common child.

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The amount of alimony is set by the Court, 25% of all income is not only salary, but also bonuses and vacation pay and overtime, and money received from renting an apartment, etc. It is possible to recover a fixed amount of money and recover additional expenses for a child, these rights are reflected in articles 83 and 86 of the Family Code of the Russian Federation. Article 83 of the Family Code of the Russian Federation. Recovery of alimony for minor children in a fixed amount of money 1. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent who is obliged to pay alimony has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the collection of alimony in a share of the earnings and (or) other income of the parent it is impossible, difficult or significantly violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money. 2. The amount of a fixed sum of money is determined by the court on the basis of the maximum possible preservation of the child's previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances. 3. If children remain with each of the parents, the amount of alimony from one of the parents in favor of the other, less well-off, is determined in a fixed sum of money collected monthly and determined by the court in accordance with paragraph 2 of this article. Article 86 of the Family Code of the Russian Federation. Participation of parents in additional expenses for children 1. In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult children in need, the need to pay for outside care for them and other circumstances), each of the parents may be brought by the court to participate in incurring additional expenses caused by these circumstances. The procedure for the participation of parents in bearing additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly. 2. The court has the right to oblige parents to participate both in the additional expenses actually incurred and in the additional expenses that must be made in the future.

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Collecting alimony from a salary in an envelope is a very urgent task (according to statistics, the average amount of alimony in Russia is about 2 thousand rubles, which means that if alimony is paid, it is clearly not from all the debtor's income), but it is not very simple. Let's try to figure it out and give some recommendations to alimony collectors if the debtor receives wages partially or completely in an envelope.

The first case is the receipt of wages completely in an envelope. Alimony thus works somewhere without registration for work, that is, without concluding an employment contract, issuing an order for employment, writing in a work book, etc. Unfortunately, this is by no means a rare situation in Russia today. Situations of “unofficial” work, various “kolymas”, etc. are very common. Paradoxical as it may seem, but just the complete concealment of earnings and income is not the most difficult situation for the claimant. In this case, you need to contact the bailiff and demand the calculation of the debt for alimony. The law provides for a mechanism for such a calculation, based on the average wage in the Russian Federation. Today it is about 35,000 rubles. Based on such “estimated” earnings, the bailiff calculates the amount of debt for alimony. And until the debtor has official earnings, alimony will be accrued based on their average salary in Russia. Of course, if we are talking about marginal debtors who do not have any property that could be foreclosed on, then the collector is unlikely to receive real money. However, the debtor will not go anywhere from the growing debt, and sooner or later, if he gets an official job, then money will be deducted from his salary until the debt is paid off. At the same time, a criminal case may be initiated against the debtor on evasion from paying alimony, and in the end, the negligent parent can be deprived parental rights. Although even after the deprivation of parental rights, the obligation to pay alimony and pay off the debt on them does not disappear anywhere.

Much more difficult for the claimant is the second case of collecting alimony from the salary in an envelope - when the employee is paid partially official or “white” wages, but most of the money is paid “black”. It's no secret that employers go to such "schemes" in order to reduce the tax burden on businesses. On the one hand, entrepreneurs can be understood, because if you have an employee with an official salary of 100,000 rubles, then almost 50,000 rubles more must be paid to the state in the form of personal income tax and insurance premiums to off-budget funds. And this is not counting other taxes: UTII, USN, property tax, transport tax, excises, etc. It is for this reason that rarely is an entrepreneur willing to pay such wages officially. As a result, not only the budgets of all levels suffer, but also ordinary citizens - alimony collectors. What are the mechanisms to deal with this situation?

The simplest and most effective tool for the claimant in this situation is to go to court with an application for the establishment of alimony in a fixed amount of money. To do this, it is necessary to prove that the alimony payer's earnings are inconsistent, irregular, or that the recovery of alimony in proportion to the earnings and (or) other income of the parent is impossible, difficult or significantly violates the interests of one of the parties. If the alimony official's salary is close to the minimum wage (7,500 rubles), then it can be proved in court that this is not all the debtor's earnings. Firstly, minus alimony, the debtor will have less than 6,000 rubles from his salary. The question will arise how the debtor lives on this amount, if the subsistence minimum is about 9,500 rubles per adult (in the Omsk region). In addition, the debtor may have a car, an apartment, etc. Only utility bills in this case will eat up most of the salary. You can also request through the court information about the debtor's loans in banks. As a rule, people submit certificates from work there, where their real wages are indicated. The main drawback of establishing alimony in a fixed amount of money is the possible size of this very hard amount of money. The courts set it at a multiple of the subsistence minimum. For a child, it amounts to a different amount in different regions (in Omsk, about 8,500 rubles). And a multiple does not usually mean two or three times. Usually it is 0.5 - 0.8 of the living wage. This amount is determined by the judge in each case individually and much depends on the claimant, how much he can prove the necessary level of spending on the child that he makes. However, claimants should not count on amounts much higher than one living wage. In this regard, it is possible that the recovery of 25% of the debtor's hidden income will be much more profitable for the claimant. For example, if the debtor has a hidden salary of 60,000 rubles, then the amount of alimony should be 15,000 rubles.

The question arises - how to recover alimony from a hidden salary from a debtor? Unfortunately, unambiguous and broad judicial practice does not exist in this situation. There is some administrative mechanism approved by departmental acts of the Federal Bailiff Service of the Russian Federation. So, according to these acts, the bailiff is obliged to regularly check (once a year) the accounting departments of organizations in which alimony workers work, for the correct calculation and deduction of alimony. As a rule, bailiffs do not do this. In principle, the creditor can himself apply with a corresponding application to the department of bailiffs and ask to conduct an audit of the accounting department of the enterprise where the debtor works and which pays wages in envelopes. In this case, the bailiff will be required to go for verification. It is likely that the bailiff will not find anything during this check, that is, he will not find “black accounting”, where the real salaries of employees will be reflected. It is possible that there is no such accounting at all, because the owner of the enterprise (director) pays the salary out of his own pocket. However, according to the same departmental acts of the Federal Bailiff Service of the Russian Federation, the bailiff is obliged, if he establishes the fact of payment of wages below the industry average level (according to statistics on wages in a particular area), send materials to the tax service for verification of violations of tax legislation. However, what should happen next is not written anywhere in the documents of the Federal Bailiff Service of the Russian Federation. Well, that is, the bailiff found the facts of paying extremely low wages (and the average industry wages are almost always much higher than the minimum wage), sent this data to the Federal Tax Service, and what should happen next is not clear. According to the logic of things, an on-site tax audit of the enterprise should follow. Based on the results of the audit, additional taxes, penalties and fines for the taxpayer-enterprise may be assessed. However, what will the claimant get from this? It is very unlikely that the joint checks of the bailiffs and the tax authorities will make it possible to establish real salaries at the enterprise. If this happens, then of course the bailiff will have to calculate the amount of alimony arrears based on the debtor's real income. But if it doesn't, what's more likely? It seems that in this case there is a gap in the legislation. It is desirable to resolve this issue at the level of the Family Code of the Russian Federation or the Law on Enforcement Proceedings. In principle, the problem can be corrected with the help of judicial practice, for which it is necessary to try to form this practice first (that is, apply to the court with appropriate statements). For example, try to establish in court the amount of alimony arrears based on the average salary in the country. After all, if a person does not fully pay alimony and completely hides his income, then such a possibility is provided for by law. In turn, partial concealment of income also entails non-payment of alimony. The debt could be calculated net of amounts already paid.

07.11.2013

What to do if the alimony payer has a small salary, and the rest is paid unofficially?

When recovering child support, mothers often face a situation where the debtor receives a low salary and an additional unofficial part that cannot be proven in court. How to act in such a case in order to protect the interests of a minor?

You should turn to article 83 and take advantage of the possibility of collecting alimony in a fixed amount of money. For collection of alimony in a fixed amount of money be sure to indicate its equivalent in the minimum wage for indexing payments in the future. It is not easy to draw up a claim for alimony on your own if you have not encountered such situations before, in which case it will be more effective for an experienced family law lawyer to do this.

Such claims in accordance with the Code of Civil Procedure are considered by a justice of the peace. It is best to justify a fixed amount of money by past periods of expenses for a child, while it is necessary to prove the need for these expenses and confirm purchases with checks. The best options for this are the expenses for medical services and medicines that were required for the child, education and additional developmental activities, annual leave, clothes, etc. The list of expenses is assessed by the judge, so you need to be prepared for the fact that not all expenses will be recognized as mandatory.

A case from practice: when an Apple laptop was purchased for a child, the costs for it were not recognized as mandatory, since a budget laptop from another company, which costs much less, is also suitable for school assignments.

The Family Lawyer Company is constantly involved in such processes and we would like to draw your attention to one of the court cases that was considered in the Magistrate's Court of the Vyborgsky District of St. Petersburg. The defendant had a stable salary, which amounted to 4,500 rubles a month, this income was confirmed by an employment contract and a certificate of 2 personal income tax. The plaintiff, the mother of their common daughter, filed a lawsuit for the recovery of alimony in a fixed amount of money, presented evidence of expenses for the child and demanded 13,800 rubles a month. After a long trial, her claim was partially satisfied, the judge appointed 2 minimum wages for payment every month, which at the time of the decision was (4330 * 2) 8660 rubles. This decision of the justice of the peace was appealed by the defendant in the Vyborgsky District Court of St. Petersburg, however, Judge Medvedeva, having considered the complaint of the party, left the decision unchanged.

Below you can find the decision of the magistrate of the court district No. 25 of the Vyborgsky district of St. Petersburg.

The maintenance of children after the dissolution of marriage is a stumbling block for many separated spouses. In our country, minor children, as a rule, stay with their mothers, who sue the ex-husband for alimony. However, the situation may be radically opposite, but, regardless of who the heir lives with, the party paying financial assistance often wonders how to pay less alimony? This is a fairly natural desire if a parent loses his job, if his health deteriorates, or other events occur that negatively affect ability to pay.

Law is law

Those who are looking for some tricks to pay the minimum alimony should be immediately disappointed. AT Family Code The Russian Federation clearly indicates all the points on the payment of material assistance for the maintenance of a child who lives with one of the parents. The same document, as well as the Federal Law "On Enforcement Proceedings", strictly establishes all the amounts that must come from the payer, and also provides for cases when assistance can be reduced for objective reasons. Is it possible to not pay child support at all? Yes, this also happens, but there must be good reasons for this:

medically proven disclaimer of paternity;
the child reaches the age of majority (18 years);
adoption of a child by a new parent are other objective arguments.

Ways to reduce payments

Women become nervous if their ex-husband pays small alimony, but at the same time they rarely try to improve the life of their child on their own. This practice is quite common, as is the desire of the spouse to unreasonably reduce financial assistance to a minimum. Ideally, both parents would try to help their child not need anything and live a full life, despite the divorce of mom and dad, but in objective reality things are different.

However, the law fully protects minors from the fact that one of the parties will not fulfill their monetary obligations. It is for this reason that there are not many methods for reducing child support.

Self-activity is punishable

Those who want to know how to pay less child support should only rely on legal ways to reduce child support. Only a court decision is confirmation that you can cut payments.

If you make this decision on your own, then the parent with whom the child lives can file a lawsuit, the satisfaction of which threatens to fully compensate for all debts.

Participation in the lives of children, even after the dissolution of the marriage, is necessary fully so that the child knows that he has two loving and caring parents. Treating the father who pays assistance as a “purse” will not bring strengthening of relations with the child, therefore it is important to provide not only material benefits for your heirs, but also to educate them. The right approach to organizing the maintenance of children is the task of both parents, and if it is approached rationally, it is possible to maintain a high standard of living for both adults and babies.

The convenience of this method is that the parents peacefully agree among themselves on the terms of payments and on what amount of alimony to establish.

Parents provide for how they will pay child support from wages. It can be a bank transfer or transfer of money from hand to hand. The main thing is that there should be documentary evidence of the transfer of alimony. To do this, you can use checks, receipts, etc.

We must not forget that the agreement is a binding document and in case of evasion from fulfilling obligations, the collection of funds can be made compulsory.

There are cases when a husband pays alimony completely voluntarily, even without drawing up an agreement, but this is a rare exception to the rule.

Is it possible to transfer alimony not to the wife, but to the personal account of the child?

Yes, such a possibility exists, if it is stipulated in the agreement.

How to pay by court order

When a citizen does not want to pay voluntarily and fails to reach an agreement, a trial is scheduled, after which alimony is accrued by court decision. At the beginning, the court decision is sent to the citizen with a proposal to pay the required amount voluntarily. If a citizen does not respond to the offer, then the documents are sent to the place of work in order to deduct the required funds from income.

In this case, the citizen does not have to independently calculate alimony. Everything will be done for him by the accounting department of the organization in which he works. The accounting department is engaged in the calculation of alimony, controls the transfer of alimony, their receipt, and keeps records of the transfers made. If necessary, will be able to provide them to the court if a dispute arises.

What part of the salary becomes alimony

The following amounts of alimony are adopted by law:

25% of salary goes to child support;
33% of the salary is paid for child support for two children;
50% of the salary is alimony for three or more children.

These shares can be changed by the court up or down depending on the financial situation of each of the parents.

How child support is paid

Deductions are taken from almost all official types of parent income. With the exception of:

severance pay - benefits received upon dismissal;
compensation received for meals in medical institutions;
travel reimbursement;
compensation of funds spent on the purchase of a new working tool to replace the spoiled one;
financial assistance as a result of a natural disaster, theft or damage to property, professional injury;
benefits for a newborn, compensation for funds for the funeral of a close relative.

There are limits on withdrawals. How many percent are deducted from the salary for alimony and from what part of the income? In the case when several writ of execution comes to a person, a maximum of 70% of income can be withheld from him.

Alimony must be withheld from a citizen's income according to two writ of execution:

33% for two children from the first marriage;
5,000 rubles of fixed deductions for the maintenance of the second wife.

If a citizen's income after paying personal income tax amounted to 10,000 rubles, then it is supposed to withhold 3333 + 5000 = 8333 rubles from him. The maximum amount of deduction of alimony from wages from 10,000 is 7,000 rubles. In this situation, the amount is divided proportionally between the two wives. The payment of alimony to the first wife for two children will be 2800 rubles, and to the second wife 4200 rubles. The missing amount of 1333 rubles becomes a debt. When a citizen's income allows him to fully pay off his obligations, then the accumulated debt will be deducted from these incomes.

If other writ of execution is received at the place of work, for example, administrative fines, then deductions for the child are withheld first of all. If it is necessary to withhold funds in favor of children from several marriages, then this is done simultaneously, regardless of which child the decision came first.

The term of transfer, as a rule, is once a month, after all tax deductions on the newly accrued salary.

What to do if the official salary is low

Can deductions be more than salary?

In the case when a citizen receives income in an envelope, while the official salary is minimal, if the parents could not reach an agreement on an acceptable amount of compensation, then, unfortunately, according to the law, deductions are deducted from official income. The only way out of this situation can be the mother's appeal to the court, where she will present evidence of a higher income from her ex-husband. If the evidence is undeniable, then the court will be able to assign a fixed amount of deductions. Collecting alimony with an unofficial salary can be quite problematic.

How to find out the salary of an ex-husband

To find out the husband's official income, you can contact the bailiffs who will make a request to the Pension Fund and the Tax Service. It is almost impossible to find out the unofficial salary of a husband. If the husband has debts on deductions, then you can write a statement to the bailiff department, then perhaps they will check the documents at the place of work and interview colleagues.

The best option in the case of a “gray salary” is a peace agreement; without evidence, the court will not be able to help in this situation.

Can child support be below the living wage?

By law, there is no minimum threshold for such deductions. Therefore, there is no point in comparing them with the living wage. Each situation is individual and the court calculates child support from wages based on the financial situation of each parent. In addition, the maintenance of the child is the responsibility of each of the parents, therefore, in principle, it is enough for the payer to provide him with half the subsistence minimum.

Even this amount is rarely exceeded. Half of the subsistence minimum, depending on the region, is approximately 3,500 rubles. The minimum wage will be 7,800 rubles from July 1 of this year. Deductions for one child from the minimum wage are only 1950 rubles.

Even when a fixed amount is appointed by the court, it can be much lower. The court is obliged to take into account the interests not only of the child, but also of the payer, who may have new family and children, funds for the maintenance of which the court simply does not have the right to deprive a person.

How to calculate child support from two salaries

When a person works at two or more jobs, all his income is subject to the deduction of deductions in favor of the child. In the same amount as with one salary, but naturally the second income must be officially confirmed.

The court usually issues one performance list, but in this case the court will make an additional sheet, parents are only required to provide accurate data about the second place of work.

Alimony tax

In the course of calculating the payment allocated by one of the parents for the maintenance of children living separately, even before the amount due to the children is determined, income tax is deducted from the entire salary of the parent, and other due deductions are paid.

This means that the very essence of payments for children does not imply the imposition of taxes on them. The payer has already paid all taxes on his income, and for the recipient these finances are not income, but help. Can such funds be taxed? Of course not.

For comparison, we can give an example when the wife does not work and uses the funds of a working spouse. The situations are pretty close in nature.

How many days after payday does child support come?

How is child support paid? Organizations must pay alimony to recipients within a three-day period, starting on the day the salary is paid. If deductions are sent by postal order, then the costs of the transfer are also considered from the citizen's income. The arrival of funds on a card or by transfer is no longer completely dependent on the employer. The main thing is that they are sent within three days, the further speed of the appearance of the accrued amount depends on the bank or mail.

It is worth knowing that payments for children are a priority. If an organization has problems with money, then alimony will be paid by law-abiding firms in the first place.

Forfeit for alimony

When a citizen does not comply with the obligation to pay benefits for children, the second party has the right to go to court demanding a debt and a penalty for payments that were not deducted.

How is the penalty for child support calculated? It is calculated on the basis of 0.5% of for each overdue day. The account of overdue days is kept from the first day of the month following the month in which the payment is made. last time deduction for children. With a voluntary agreement, the amount of the penalty may be higher.

The claim is filed with the world court at the place of residence of the debtor. The cost of a claim depends on how much you plan to recover.