Withholding of alimony at the request of an employee: sample, without a writ of execution

The collection of alimony payments in the event of divorce between spouses can be either voluntary or forced if the alimony payer refuses his obligations.

If there are no disagreements regarding the collection of these payments, and a peace agreement is drawn up, then alimony is paid without a writ of execution.

In this situation, payments are withheld at the request of the employee to the accounting department.

The procedure for transferring funds for child support by court decision

In some cases, the document that serves as the basis for the transfer of alimony from the income portion of the alimony payer may be a court order, as well as a resolution of the bailiff (if the judicial authorities oblige to pay alimony forcibly).

After documents are received by the accounting department, their compliance with the requirements established for registration must first be checked. If there is an error, inaccuracy or unreadability of the lines, then such documents cannot be the basis for collecting alimony, and the accounting department should not accept them.

Accounting should calculate alimony only on the basis of the original document.

If the original document is lost, then a duplicate of it is issued by the court in accordance with the established procedure. If the document is executed correctly, the organization must immediately begin to execute it. First of all, the employee must familiarize himself with the writ of execution for signature. Then the accountant must determine from which employee payments to withhold alimony.

Based on the general rule, alimony is collected both from official income from the main type of activity and for work performed part-time.

Thus, alimony is withheld from all income, which includes bonuses, allowances, compensation for working conditions, etc. However, the maximum amount of collection should not exceed 50% of total income and 70% in the case of alimony arrears.

From what date will money be paid for a child?

The deadline for the payment of funds intended for the maintenance of a minor child is established by Art. 109 RF IC. The employer must transfer alimony within 3 days from the date of payment of wages.

This applies to payments made on the basis of a court decision. If an agreement is reached between the parents without a trial, then they set the deadlines themselves.

Often, an accounting employee faces certain difficulties. First of all, this is due to the fact that wage payments are made to employees twice a month. In this case, the question arises from what exact amount to withhold alimony as ordered by a judicial authority.

In this situation, it is necessary to follow the norms of the current law. Withholding of alimony should be carried out from the amount that closes the current month. But in this case, all income that was earned by the parent is taken into account.

Duration of the writ of execution for the collection of alimony

In cases related to alimony penalties, the writ of execution will be valid until the child reaches the age of majority, as well as for three years after the child reaches the age of majority.

In this case, the statute of limitations applies. Also, the alimony recipient has the right to revoke the writ of execution in the case where the parents have drawn up a different agreement on the payment of alimony.

However, over the next three years, you can transfer it again to the organization where the alimony payer works.

In the event of the death of the alimony payer or child, the writ of execution terminates on the basis of law.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

• If you want to find out how to solve your particular problem, please use the online consultant form on the right or call:
• +7 (499) 288-73-46;
  8 (800) 600-36-19
• It's fast and free!

What to do if the writ of execution for alimony is lost

There are often situations when an executive document is lost for various reasons. What to do in this situation, since it is issued only in one copy? Its re-issuance is decided only in court after the reasons for its loss have been established.

It is impossible to restore the writ of execution itself; the court issues a duplicate of it with a special mark. To restore it, you should take into account the nuance that it is necessary to apply for a duplicate of the document in the very court in which the original was issued.

First of all, you will need to submit an application, which must contain the following information:

• information about the alimony recipient and alimony payer, their full name, as well as residential addresses;
• information about the civil case for which the writ of execution was issued;
• the essence of the court decision;
• information about the FSSP, as well as about the bailiff who was involved in enforcement proceedings;
• reasons and circumstances for the loss of the document;
• a request for the issuance of a duplicate of the lost writ of execution, in particular the sheet.

The document must contain the signature of the applicant. The application is then examined at a court hearing.

Restoring a duplicate is not subject to state duty.

Is it possible to withhold alimony through the accounting department at the request of an employee?

It is possible to transfer alimony through the accounting department upon application only if a voluntary agreement has been reached between the child’s parents and there is no court decision.

If there is a writ of execution or other court document, then this method of collecting alimony is not allowed. Child support is obligatory withheld only on the basis of any document.

If the issue is resolved peacefully, an agreement is drawn up and submitted to the accounting department.

The agreement must be notarized. Only in this case will it have executive force.

It is necessary that the application be correctly drawn up and executed, otherwise it will be declared invalid and will not be the basis for the collection of alimony.

How to pay under a voluntary agreement through the accounting department?

Rules for filling out an application and a sample form from the employee

There are no strict requirements for the content of the application. It is compiled freely and in writing.

The application must indicate the following information:

• the name of the organization in which the alimony payer is employed;
• personal data (full name, passport details, date of birth, including place of residence);
• amount of alimony;
• method of withholding funds (by mail, bank transfer or through a cash register);
• bank details of the alimony recipient;
• from what date the withholding must be carried out;
• signature and date of writing the application.

This statement is registered and stored in the accounting department as a strict reporting document.

What documents do I need to bring to work?

In the case of voluntary payment of alimony for accounting purposes, it is necessary to provide a statement and agreement, which must be certified by a notary. This procedure is necessary to give the document legal force.

Procedure for deducting funds from wages

The collection procedure itself consists of the following stages:

• the total income for the month is determined;
• personal income tax is withheld (13%);
• insurance payments are deducted to the Social Insurance Fund;
• From the remaining net income, the amount specified in the application is transferred to the account of the alimony recipient.

Responsibility for the timely calculation of alimony lies with the accounting department, as well as the management of the organization in which the alimony payer works.

What happens if alimony payments are transferred late?

There are situations when alimony payments are delayed. If the transfer deadlines are violated by the employer, he is responsible for this.

First of all, this applies to an accountant who, for some reason, does not transfer alimony on time.

For this violation, there is an administrative penalty in the form of a fine ranging from 15,000 to 20,000 rubles. In special cases, the fine can increase tenfold.

If a conspiracy with the alimony payer was noticed, then criminal liability is possible, providing for imprisonment for up to 2 years.

If the delay in alimony is due to late payment of wages, then the accountant is not responsible for this.

The management of an enterprise may also be punished if it has not taken measures to eliminate the delay in collecting alimony payments.

There are several options for withholding alimony, which include collection both by an executive and without him, in the case of an agreement drawn up between the parents. However, it is worth keeping in mind that the alimony payer can at any time withdraw his application and stop voluntary payment of funds aimed at supporting the child.

Source: https://prozakon.guru/semejnoe-pravo/alimenty/bez-ispolnitelnogo-lista.html

Sample application to the accounting department for withholding alimony, how to submit

If the alimony payer is officially employed, and it has been decided voluntarily or judicially that alimony payments will be withheld from wages, a corresponding application and a writ of execution with the requirements are sent to the administration of the enterprise. Subsequently, all concerns about withholding wages to pay alimony and transferring funds rest with the accounting department. A sample application to the accounting department for withholding alimony will allow you to avoid mistakes and fill it out correctly.

Responsibility of the employer for failure to fulfill obligations to transfer alimony

According to current legislation, the accounting department or management of the enterprise must make timely alimony payments. They are required not only to comply with the deadlines for making payments, but also to correctly calculate the amount, as well as withhold a percentage of permitted income.

If the funds were transferred later than the established deadline, or the claimant received the missing amount, he can send a complaint against the company to government agencies. For such violations, the employer may be subject to both administrative and criminal liability.

Withholding of alimony at the request of an employee

The main source of income for an employee is his salary. Withholding from it a certain amount of money to pay alimony can be carried out both on a voluntary and on a forced basis.

In the first case, the spouses agree on what amount and when it will be transferred for alimony.

In this case, the employee can transfer funds independently or entrust this operation to the employer, providing him with a corresponding application for withholding alimony.

If the bailiff or recoverer sends a writ of execution to the organization, then the employee does not need to provide such a statement to the employer.

The nuances of withholding alimony by the accounting department

Having sent the writ of execution and an application to the accounting department for alimony, payments should begin on the date specified in this very document. If the date falls in the middle of the month, then the accounting department will only withhold the amount for half a month.

After this, deduction is made for a full month. Funds must be transferred to the recipient’s account within three business days after the employee’s salary is paid.

If the writ of execution is received late by the employer, there should be no delay in payment.

It is worth noting that the amount for alimony is withheld from the amount that remains after deducting personal income tax.

Is it possible to withhold alimony at the request of an employee?

An application for alimony to the accounting department, sample, is not a basis for the accounting department to begin deducting alimony payments from the employee’s salary. This is only possible if the corresponding executive document is sent to the employer along with the application.

Read also: Cancellation of roaming in Russia and Crimea from 0106-2020

For example, spouses voluntarily entered into an agreement that alimony payments will be carried out by the accounting department at the spouse’s place of work. After this, the spouse submits to the accounting department the application and agreement concluded with the spouse. Thus, the spouse, represented by the alimony payer, relieves himself of the obligation to monitor transfers and correctly calculate the amount of alimony payments.

In order for the accounting department to initiate this process, it will be necessary to collect the appropriate package of documents:

• An application for the transfer of alimony to the accounting department, a sample of which can be viewed on our website.
• Agreement.
• Recipient's account details.
• A list of income from which a portion can and cannot be withheld for alimony payments.

Additionally, a child’s birth certificate may be required, but practice shows that accounting requires such a document extremely rarely.

List of income from which deduction is and is not allowed

An application for alimony payment to the accounting department, a sample of which will not allow you to make mistakes when filling it out, implies withholding payments from not all income. Deductions are possible from the following types of earnings:

• Employee salary.
• Funds that are aimed at providing for the employees of the enterprise.
• Royalties for creative activities.
• Allowances and bonuses.
• Sick leave and vacation pay.
• Overtime.
• Regional payments.

This should also include additional sources of income from which payments for alimony payments can also be deducted:

• State assistance from the social insurance fund, as well as payments, are provided to citizens who have temporarily lost their ability to work.
• Pension.
• Scholarship.
• Money transferred for food.
• Percentage of shares.
• Compensation.
• Payments for employees in connection with dismissal or reduction of staff.
• Income from the sale of property.
• Dividends for business activities.

As for income from which it is impossible to withhold alimony payments, this includes:

• Benefits for pregnant women.
• Business trips.
• Alimony received from another person.
• Reimbursement for food expenses in medical institutions.
• Payments in connection with the birth of a child, wedding or death of a relative.
• Compensation for transfer of an employee to another place of work.
• Reimbursement for the cost of a broken tool that belongs to an employee.

Advantages of paying alimony by accounting

It is really beneficial for the alimony payer that the accounting department handles the payment of alimony. This is due to the following advantages:

• Funds are transferred every month.
• Payments are made within clearly established deadlines.
• There are no errors in calculations.
• Responsibility for errors in indexation calculations, as well as for untimely transfer of funds lies solely with the employer. In this case, the payer is released from liability.

When making the appropriate payments yourself, it is very easy to make mistakes. Late payment or errors in calculations can lead to not the most pleasant consequences.

It is much easier to entrust this work to the accounting department at your place of work.

All that is required for this is a writ of execution and an application for voluntary withholding of alimony, the sample of which on our website complies with all the rules for filling out.

How to submit an application for deduction from salary

An application for payment of alimony to the accounting department can be drawn up in a voluntary form. The most important thing is to follow the general recommendations. It is extremely important that the application contains the following information;

• Name of the organization to which the application is being sent.
• Personal details of the applicant.
• Document's name.
• The essence of the statement.
• Availability of accompanying documents. It is a writ of execution, which is submitted along with the application. As a rule, such a document is an agreement that is concluded by spouses on a voluntary basis and certified by a notary.
• Child's birth certificate (optional).
• Account details of the alimony recipient.
• Date and signature.

Sample application for alimony collection

By submitting a writ of execution and an application to the accounting department, the alimony payer will not have to worry that errors will be made in the calculations or payments will be made untimely. At the same time, it is the employer who will bear responsibility for such violations.

If they are indeed present and the interested party files a complaint with the authorities, the employer, accountant or entire business may be fined.

In some cases, authorized persons may be subject to criminal prosecution and removed from their positions.

Source: https://rualimenty.ru/kak-napisat-zayavlenie-v-buxgalteriyu-na-vyplatu-alimentov/

Is it possible to withhold alimony at the request of an employee without a writ of execution?

The primary responsibility of parents is to provide for their minor children. After divorce, alimony can be paid voluntarily by the parent. To do this, they need to enter into an agreement. Upon reaching agreement, they independently determine the amount and timing of alimony payments.

Many people find it very convenient when money is automatically deducted from their salaries. Therefore, payers are interested in the question of whether it is possible to withhold alimony at the request of an employee without a writ of execution.

Methods of collecting money

The question of what to do with providing for common children after divorce interests both fathers and mothers.

The methods for assigning alimony payments are prescribed in Article 80 of the RF IC. According to this norm, money can be transferred on the basis of:

1. A notarized agreement concluded between the parties. But this happens only at the mutual desire of the parties.
2. Procedural act and writ of execution (IL). According to a court order, collection is carried out without presenting a writ of execution, since this procedural act has the same force. But if the case was considered in general proceedings, then in order for payments to be made according to a court decision, you will also need to obtain an IL.

The first option for resolving the issue is the simplest and fastest, but if relations between the former spouses are strained, then the procedure for fulfilling parental obligations is determined by a competent person in court.

Any of these documents can be presented for execution. Typically, an application for deductions from the payer's income is submitted by the claimant. But the payer himself is endowed with this right. A parent can voluntarily fulfill the obligation by independently contacting the employer with a request to immediately deduct funds from the salary to provide for the child.

Procedure

If a man wants to pay on his own, without involving bailiffs, then in order for the employer to give the appropriate order, the employee must submit a written request. It does not matter whether a citizen is officially employed or not.

The withholding requirement is written in free form, but when writing it is necessary to take into account the rules of Article 131 of the Code of Civil Procedure of the Russian Federation:

1. The application must be free of corrections, serious errors and false information.
2. There must be a clear structure.
3. The stated request must not contradict legal norms.
4. The written request must include the following:
5. Full name of the company where the person works, as well as the full name of the director.
6. Information about the applicant: full name, residential address, position, contacts.
7. Description of the document on the basis of which interest should be withheld: date of conclusion, details of the parties, as well as the child for whom the father must pay alimony and the amount of shares.
8. Method of transferring funds and recipient's bank details.
9. Date of submission of the application and signature of the applicant.

Download a sample monthly deduction application

Along with the application, the person will need to submit a copy of the passport and the original agreement, or a notarized copy. Usually the papers are submitted to the office, but they can be submitted to the director at a personal meeting. In this case, it is important that a stamp is placed on the second copy, since otherwise the person will not be able to prove the submission of the application.

Transfer order

In accordance with Art. 109 of the RF IC, the head of the company in which the person is employed is obliged to accept the application and fulfill the requirements of the applicant if he was provided with a notarized agreement or writ of execution.

After receiving the application, the documents are sent to the accountant, who will have to withhold a portion of the income. This employee must make deductions from all official income of the person specified in the list of types of wages and other income approved by Government Decree No. 841.

Personal income tax and insurance payments to the Social Insurance Fund are first deducted from the employee’s salary, after which the employee must make a calculation and transfer the due percentage to the claimant. Funds must be transferred within 3 days after payment of wages.

Company liability

After accepting such a request, the employer and the executor from the accounting department are responsible for the timeliness of transfers. The law specifies the exact period within which the transfer must be made.

If funds are systematically received late, or if a debt arises due to the accrual of an underestimated amount, the legal entity, its director and employee of the financial department will be held administratively liable.

For this offense they will have to pay a fine, the amount of which depends on whose fault the delay was. However, if the delay was caused by late receipt of wages, or for other valid reasons, then the person is released from liability.

Mother and father must fully provide for their minor children. The former spouses can resolve this issue themselves by concluding an agreement. After the document has been certified by a notary, it can be presented for execution; both the recipient of the money and the payer can hand it over.

Source: https://VseProRazvod.ru/aliment/vzyskanie-alimentov/kak-uderzhivat-alimenty-po-zayavleniyu-bez-ispolnitelnogo-lista/

Is it possible to withhold alimony at the request of an employee?

Is it possible to withhold alimony at the request of an employee? An enterprise accountant has no right to withhold alimony at the request of an employee without a writ of execution, a court order or a notarial agreement, even despite requests or an official statement from the working person himself. A situation is possible in which the payer himself will be interested in deductions of alimony by the accounting department, so as not to resolve this issue on his own and to avoid the accumulation of debt. After all, it is much easier to entrust the alimony obligation to an accountant than to track the transfers yourself, perform indexation (if alimony is paid in a fixed amount), make a money transfer, etc. A similar case is typical when a notarial alimony agreement is concluded between parents and the father voluntarily agrees to help his child financially. Example.

Withholding of alimony at the request of an employee

These include:

1. Compensation payments that are one-time in nature.
2. Dismissal benefits due to staff reduction or liquidation of an organization.
3. Monetary assistance that an employee receives in connection with various types of natural disasters, loss of valuable property due to theft, fire, injury, birth of a child, marriage, etc.

The list of income that cannot be used to collect child support at the request of an employee and other provisions may change, so this point needs to be further clarified if such a need arises. Withholding of alimony from an employee can be carried out either in the form of a fixed amount of money or in a certain percentage of earnings.

Read also: Child care benefits in Moscow in 2020

How to arrange alimony when changing jobs?

Alimony from leave compensation upon dismissal As is the case with other types of income, when withholding alimony it is necessary to check with a special Government Decree, which regulates all sources for alimony payments. In particular, according to it, alimony can be withheld:

• From the payer's salary;
• From vacation pay;
• Dismissal/redundancy benefits, bonuses.

As we see, vacation compensation is equated to additional sources of income from which alimony for a minor child can be withheld.

It is on these grounds that the accounting department is obliged to withhold alimony from compensation for unused vacation in order to avoid problems with the bailiff service.

1. One of the parties dies.
2. The basis for collecting alimony ceases to be valid.
3. Other grounds provided by law arise.
4. The child becomes an adult or acquires legal capacity before reaching adulthood.
5. The child is officially adopted by another person.

Source: https://april-concert.ru/mozhno-li-uderzhivat-alimenty-po-zayavleniyu-sotrudnika/

Application for deduction of alimony from wages - sample 2018

When spouses divorce, if they have children together, they still have parental responsibilities. The child will live with one of the parents, and the other will provide for him. Alimony can be collected both voluntarily and compulsorily. In the first case, an agreement is drawn up, which stipulates all aspects regarding payments.

In another case, alimony is ordered by the court. One way or another, when an alimony payer is employed, most often this issue is dealt with by the accounting department of the organization where he works. The procedure can be initiated by an application for deduction of alimony from wages, a sample of which is presented in the article.

Withholding of alimony at the request of an employee

The main income of the alimony payer is salary. Withholding of alimony from it is carried out in the amount stipulated by the executive document, be it a sheet issued on the basis of a court decision, a court order or an agreement between former spouses.

In case of forced alimony collection, the writ of execution is sent to the employer or to the bailiff service. The accounting department of the enterprise where the alimony worker works is responsible for timely deductions.

If the law is violated, it is the employees of this department who will bear administrative or criminal punishment. Thus, by sending the document to the employer, the recipient of alimony does not have to worry about the formation of debts for the corresponding payments.

When they talk about voluntary alimony payments, it is understood that the alimony provider transfers money on the basis of an agreement concluded between him and the alimony recipient, which was certified by a notary. In this case, he transfers money himself or entrusts this operation to the employer at his own discretion.

If the alimony collector or bailiff gives the employer a writ of execution, then a special application for voluntary withholding of alimony (drawn up on the basis of a sample) from the employee who is the payer is not required.

The nuances of withholding alimony by the accounting department

Payments begin to be made from the date indicated in the executive document. If, for example, the 15th date is indicated there, then the first time the accountant should count out the amount of money for half a month.

In the future, this is done within 1 month. Funds are transferred to the account of the alimony recipient within three days after the salary is accrued.

Even if the writ of execution is received late by the accounting department, there should be no delay in payment.

Accountants transfer to the recipient's account all amounts provided for in the document. If alimony payments should have started a month ago, then in the current month an amount equivalent to two months of alimony is deducted from wages.

In this case, the accountant first deducts personal income tax, and from the remaining amount - alimony payments. For example, if an employee receives 30,000 rubles, then minus personal income tax he will have 26,100 rubles left. It is from this amount that the money to provide for the child is calculated.

Is it possible to withhold alimony at the request of an employee?

The application from the alimony payer is not a fundamental document for the accounting department withholding alimony payments. In other words, without a writ of execution in the form of a sheet, a court order or an agreement concluded voluntarily, the money will not be transferred in favor of the recipient.

It is easier for the payer to entrust the obligation to an accountant than to deal with the transfer of money himself. In addition, this way it is easier to avoid debt.

If you transfer alimony accrued in a fixed amount yourself, you will have to do the indexation yourself.

Therefore, in most cases, if there is official employment, the transfer of alimony is handled by the accounting department of the organization where the alimony payer works.

For example, Tatyana and Oleg, after a divorce, entered into an agreement to pay alimony in the amount of 8,000 rubles. every month. Along with the application, Oleg gave this agreement to his employer (accounting department). This relieved him of the responsibility to monitor the receipt and correctness of payments.

For this purpose, the payer, on his own initiative, contacts the accounting department, having previously collected the necessary package, which includes the following documents.

1. Application for deduction of alimony from wages (can be drawn up according to the sample).
2. Agreement.
3. Document confirming the birth of the child (optional).
4. Account details.
5. List of income from which deductions are and are not allowed.

List of income from which deduction is and is not allowed

Not all income is subject to alimony withholding. The following list contains types of earnings for which deduction is possible.

• salary;
• money to provide for employees of state and municipal enterprises;
• fees for creative objects and media activities;
• bonuses for certain achievements;
• bonuses;
• allowances for staying in special conditions;
• salary while on sick leave or vacation;
• overtime;
• additional regional payments.

• money from the government social fund insurance for the unemployed or temporarily disabled;
• pension + allowances;
• student scholarship;
• money allocated for food;
• payments to dismissed employees due to the liquidation of an enterprise or reduction in staff numbers;
• income from shares;
• compensation paid in connection with damage to the health of the payer;
• providing financial support;
• income from property sales transactions;
• income for services under the contract;
• dividends from business activities.

There are also incomes that cannot be sources for withholding alimony. These include the following:

• benefits for pregnant women;
• business trips;
• alimony received from another person;
• compensation for food in medical institutions;
• state support provided:
• when a baby is born;
• for organizing a wedding;
• funeral;
• allocated in connection with a natural disaster;
• survivor's pension benefits;
• compensation for transfer to another division of the organization;
• compensation for damage to tools belonging to the employee.

Advantages of paying alimony by accounting

There are a number of advantages to entrusting alimony obligations to the accounting department. They are as follows.

1. Missing payments are excluded.
2. Errors in indexation calculations are not allowed.
3. The money is credited to the recipient's bank account within the specified time frame.
4. Responsibility for any errors lies with the employer. The payer, on the contrary, is released from liability.

Attention! The writ of execution must be handled carefully and correctly. Then administrative measures will not be applied to the responsible person, and there will be no need to pay a penalty.

Self-transfers often result in calculation errors, transferring less than required, or late transactions. None of this will happen if you write an application to the accounting department to withhold alimony, a sample of which is presented at the end of the article.

How to submit an application for deduction from salary

There is no established form for how to write an application for voluntary transfer of alimony from wages. Therefore, when compiling it, you only need to adhere to general recommendations. So, it must contain the following information:

• full name of the organization to which the application is addressed;
• Full name of the applicant in the genitive case;
• document's name;
• in the main part they describe the situation indicating the essence of the requirements;
• an executive document is attached to the application (in this case, most often, it is a voluntary agreement certified by a notary);
• a document confirming the birth of a child;
• bank account details;
• date and signature.

A sample application for deduction of alimony from wages can be downloaded here

By transferring the appropriate powers to the accounting department, you can not just forget about correctly making independent transfers. Accountants will be responsible for the exact fulfillment of the terms of the agreement.

If they break the law, they will have to pay a fine, and in some cases they may even be removed from office.

This gives confidence that funds will be transferred to the recipient’s account in a timely manner and in full.

Source: https://AlimentOff.ru/alimenty/obrazets-zayavleniya-na-uderzhanie-alimentov-iz-zarabotnoj-platy

Application for voluntary withholding of alimony

Funds to support the child are collected on the basis of a writ of execution - a notarized agreement, a court order, an extract from a court decision. If the payer is employed, the executive document is sent to the administration of the enterprise. In the future, the responsibility for transferring alimony from the salary and other accruals of the alimony recipient lies with the accounting department.

Previously, we told you whether alimony is deducted from bonuses, financial assistance or sick leave.

Can funds be withheld based solely on the payer’s application, that is, without executive documents? We will talk about this now.

Grounds for collecting alimony

Monetary deductions (including alimony) are provided for by law and are divided into three types:

1. mandatory - personal income tax (NDFL), penalties under executive documents and notarial inscriptions in favor of individuals or legal entities, according to court verdicts, etc.;
2. deductions initiated by the administration of the enterprise - in case of damage to the enterprise, release of defective products, untimely return of the accountable amount or loan provided, and so on;
3. deductions initiated by the employee - in favor of individuals or legal entities based on the application of the payer.

If alimony is ordered by the court, an extract of the decision or court order to the enterprise is transferred not by the alimony payer, but by the bailiff or the alimony recipient. In this case, an application from the alimony parent or a corresponding order from management is not required.

Note! The recipient of alimony, an accountant or the administration of an enterprise do not have the right to change the procedure, the amount of alimony payments, or cancel alimony deductions assigned in court.

At the same time, the payer may also be the initiator of the transfer of alimony. If a parent agrees to transfer money on his own initiative, but there is no executive document, he needs to contact the accounting department of the enterprise and submit an application.

Voluntary consent to withhold alimony

A parent who lives separately from the child and has decided to voluntarily pay funds for his maintenance independently chooses the method of making such payments. So, the payer can send money by mail, hand it over personally to the recipient, transfer it to an account created for these purposes, and the like.

Read also: Husband’s apartment after divorce: how to share it, how to discharge your husband

A common option for paying alimony on a voluntary basis is deduction from wages by the company’s accounting department based on an application from the father or mother of a minor.

It should be noted that it is better to formalize the transfer of alimony, but not to give the money from hand to hand. If necessary, payment of funds for a child on a voluntary basis can always be confirmed by a certificate from the company. This will protect you from possible claims and litigation.

Application for deduction of alimony from salary (sample)

There are no strict requirements for the content of the document. The application is made in writing, in any form. The document must contain the following information:

• the name of the organization where the child support parent works;
• information about the payer – full name, date of birth, place of residence, passport details;
• information about the child for whose benefit the funds are being held – full name, date of birth, place of residence;
• amount of alimony;
• the procedure for withholding funds - by bank transfer, postal transfer, or through a cash register;
• bank details of the alimony recipient;
• from what date should child support be withheld?
• date of document preparation;
• signature.

Sample application for deduction of alimony from wages

Accounting department's obligation to pay alimony

Having received an application for withholding alimony (as well as a court order or agreement), the company's accountant registers and stores it as a strict reporting document. The administration of the enterprise is obliged to inform the bailiff service and the debt collector that such a statement has been received.

If the employee from whose salary alimony was transferred quits, the accounting department stops withholding the funds. And informs the alimony recipient about this fact.

Having found a new job, the alimony worker again writes an application and submits it to the accounting department. If more than a month has passed from the moment of dismissal to the moment of enrollment in a new place of work, a debt will arise. The debt can also be withheld based on the payer's application.

You can read here how to collect arrears of alimony established by a court decision or agreement.

According to Art. 109 of the RF IC, the management of the enterprise at the parent’s place of employment is obliged to withhold a portion of the funds from his salary and other income every month. The timing of the transfer is limited - the accountant is obliged to transfer alimony to the bank account of the claimant within 3 days from the date of payment of wages (or other income).

Important: if an accounting employee does not fulfill his duties or provides knowingly false information about the income of the alimony payer, he may be prosecuted. This offense is punishable by a fine or imprisonment.

Application to terminate alimony withholding

Since the transfer of funds occurs on a voluntary basis, changes in the amount of alimony payments or termination of withholding are also carried out on the basis of an application from the payer.

What are the grounds for stopping payments? In most cases, child support ends when the child reaches adulthood. If funds were collected by agreement of the parents, the grounds for termination may be the following:

• death of the payer or recipient;
• expiration of the agreement;
• additional conditions expressly provided for in the contract (for example, deductions are terminated if the child has graduated from a university or is employed).

Withholding of alimony payments established on the basis of a court decision is terminated in the following cases:

• after the child reaches eighteen years of age;
• after a minor child has been recognized as fully capable (for example, he has registered a marriage or is engaged in individual entrepreneurship);
• the minor is adopted;
• an adult disabled child is recognized as able to work;
• the ex-husband or wife registered a remarriage;
• the minor in whose favor the alimony was transferred died.

Payment of funds for a child who has not reached the age of majority is terminated only by a court decision.

The notary is not informed that alimony payments have been terminated. But the employer must be notified.

In these cases, the alimony payer should submit an application to the company’s accountant to terminate the withholding of alimony. In addition, you need to provide additional documents, depending on the circumstances (death certificate, court decision, etc.).

We described in more detail how to terminate alimony for a minor early in this article.

Source: https://familegal.ru/alimenty/zayavlenie-na-uderzhanie-alimentov-v-dobrovolnom-poryadke-obrazec/

Alimony at the request of the employee

Withholding of alimony without a writ of execution at the request of the employee

We withhold alimony without a writ of execution

An employee of the organization divorced his wife. Enforcement proceedings have begun. Until the company has received the writ of execution, the employee wants to pay alimony on a voluntary basis. A personnel specialist doubts whether it is possible to withhold alimony without a writ of execution? Our experts will tell you the answer to this question.

In accordance with the Family Code of the Russian Federation, parents must support their minor children and disabled adult children in need of help.

Parents can enter into child support agreements that result in the payment of child support by one of the parties to the agreement.

If an agreement on the payment of alimony is not reached, then it is collected in court by the bailiff service.

For information, alimony is money for the maintenance of minor children or adult disabled family members.

In general, no more than 20% of earnings can be withheld from an employee’s salary (Article 138 of the Labor Code of the Russian Federation). However, the legislator made an exception for alimony for minor children. In accordance with the law, the permissible percentage of deduction for the payment of such alimony is 70% of the employee’s income (Part 3 of Art.

99 of the Federal Law of October 2, 2007 No. 229-FZ). Alimony for one child amounts to 1/4 of the employee’s income, for two children – 1/3, for three – 1/2 of the salary (clause 1 of Article 81 of the Family Code of the Russian Federation). There are other types of withholding where the 20% limit may be exceeded (for more details, see

, “We deduct from wages at the employee’s initiative”).

The maximum amount that can be withheld from an employee’s salary must be determined after it has been reduced by personal income tax. The fact is that the salary due to the employee is earnings reduced by the amount of tax (paragraph 2, paragraph 1, article 210 of the Tax Code of the Russian Federation). Therefore, the maximum amount of deduction must be determined based on the employee’s salary after tax (Article 138 of the Labor Code of the Russian Federation).

You can also withhold alimony voluntarily

In addition to collection under a writ of execution or a notarized agreement on the payment of alimony, withholding can be made on a voluntary basis.

That is, alimony can be withheld from an employee’s salary without a writ of execution if the organization has a corresponding application from the employee.

This is explained by the fact that the employee can dispose of the money he earns, including using it to pay alimony. Moreover, in this case, the amount of alimony withheld is not limited in any way (for more details, see

, “Writing an application to withhold alimony on a voluntary basis (sample)”).

 Note: If circumstances have changed, the employee can withdraw his application to withhold alimony from his salary by writing an application to terminate the voluntary transfer of alimony (for more information, see “Writing an application to terminate the withholding of alimony (sample)”).

Source: https://obd2bluetooth.ru/alimenty-po-zajavleniju-rabotnika/

Application to the accounting department for the transfer of alimony

When the issue of a child receiving alimony is resolved, voluntarily or in court, it is necessary to decide how the funds will be sent to the child. Often, when resolving these issues, both the payer and the recipient are faced with the need to correctly fill out a sample application to the accounting department for the transfer of alimony.

Submitting an application by the payer

As a rule, the payer submits an application to the accounting department for the subsequent transfer of alimony when the payment of funds is provided for by a written agreement between the parents (Article 109 of the Family Code of the Russian Federation). This document must be certified by a notary.

The payer must submit a written application to his place of work.

There is no statutory form for such a document. Perhaps the internal documents of the employing organization have developed an approximate form. By contacting the accounting department or secretariat, you need to find out if they have an approved sample.

If there is none, the application is filled out in any form, indicating the following data:

• Name of the organization indicating the head or chief accountant;
• FULL NAME. the payer indicating his position, structural unit (if any);
• FULL NAME. recipient of the money (both mother and child), postal address;
• Link to alimony agreement;
• Please deduct alimony from his salary;
• Indication of the method of transferring money;
• Deduction start date;
• The need to indicate the purpose of the payment as alimony;
• Date, signature.

Attach to the application:

• A copy of the agreement;
• A bank statement with details for transferring money (if you choose this method of receipt).

The payer, in agreement with the recipient, may indicate one of the following methods of receipt:

1. Receipt of money by the recipient at the organization's cash desk;
2. Transfer by postal order;
3. Transfer by payment order to a bank account, including to a card. The most common method now is to receive payments for children to a bank card.

This method has many advantages for the recipient: cards are widely used, money is credited to the account quickly. The funds on the card can be spent on the needs of children, paying with it in stores, without wasting time going to the post office or bank to withdraw cash.

Disadvantages may occur in those settlements where there are few stores that accept cards for payment and not enough bank branches; to withdraw money you have to go to district or regional centers. For such categories of recipients, it will be preferable to transfer money by postal order.

With any of the transfer methods, the costs of such operations are subject to deduction from the alimony payer.

Application for transfer to card

General Director of Impulse LLC

Sidorenko A.I.

• from the senior foreman of the processing workshop
• Ivanov Ivan Ivanovich
• Application for deduction of alimony from wages

I ask you to make a monthly deduction from my salary in the amount of 25%, starting from September 1, 2017, to pay for alimony for the maintenance of my son Pyotr Ivanovich Ivanov, born on May 21, 2012, with the transfer of the specified amount to the bank card of Maria Nikolaevna Ivanova (details are attached to this application).

The basis for the accrual of funds is the alimony agreement dated August 15, 2017.

When transferring funds, please indicate in the purpose of payment “Alimony from Ivanov I.I. for the maintenance of P.I. Ivanov.”

Attachments: - bank statement with account details of Ivanova M.N.

Source: https://YaiZakon.ru/alimenty/zayavlenie-na-perechislenie-v-buhgalteriyu