Alimony: from what income is withheld, from what income is not deducted

Family law > Alimony > From what income is alimony withheld and not withheld?

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

In most cases, alimony payments are financial assistance from a parent who left a family for his minor children.

But the legislation of the Russian Federation of 2020 also establishes other types of alimony. For example, alimony payments to disabled parents, adult children with 1 or 2 disability groups.

Before you begin the process of collecting alimony, you should understand from what income alimony is withheld.

The list of citizen’s income that is available for withholding alimony is listed in Government Resolution No. 841, approved in 1996 - “On the list of types of wages and other income from which alimony is withheld for minor children.”

Exceptions from this list are those incomes from which alimony is not withheld.

The two lists of income differ in size in favor of the first; it indicates the income from which alimony can be withheld. This is explained by the fact that the state puts the interests of the child first.

General rules for withholding alimony

In a certain case, it can be sent to several authorities simultaneously.

First of all, income tax is calculated from the payer's income . And from the amount that remains, alimony payments are withheld.

The maximum amount of alimony should not exceed 70% of the payer's total monthly income. Otherwise, you need to decide on reducing the alimony payment.

In accordance with family law, the amount of alimony payments is determined in two ways:

1. A fixed or fixed amount of alimony, which is payable monthly. But there must be certain reasons for this.
2. The share of official income that the payer receives.

Income that is exempt from alimony withholding

Why alimony is not withheld:

1. Benefits paid to women during pregnancy and childbirth. The exception is payments for sick leave.
2. From a pension, which is assigned in connection with the loss of a breadwinner.
3. Alimony is not deducted from travel expenses and compensation for transfers to another location.

A complete and detailed list of amounts from which alimony cannot be collected is presented in the Federal Law “On Enforcement Proceedings”.

To make it easier to understand this list of amounts, they are divided into subgroups:

1. Payments are intended to compensate for harm caused by the loss of a breadwinner.
2. Payments that cover the costs of business trips, moving to another area in connection with work, and wear and tear of tools necessary for work.
3. Funds paid to individuals who are injured while performing their official duties. And also to the families of workers in the event of their death.
4. One-time payments in connection with natural disasters, terrorist activities, as humanitarian aid.
5. Financial assistance for the birth of a child.
6. Amounts of maternal capital.
7. Full or partial compensation for employees’ vouchers to health institutions in the Russian Federation. As well as vouchers for children under 16 years old.
8. Insurance coverage with the exception of old-age or disability insurance pensions.
9. With financial assistance for funerals.
10. Child support that the payer receives for other children.

In addition, it is not possible to recover funds from:

• inheritance;
• prizes and gifts;
• funds that form maternity capital.

• The recipient, the accountant of the enterprise where the payer works and the bailiffs should know about all of the above types of income from which alimony payments are not made.
• They do not have the right to make demands that are contrary to the law.
• On July 9, 2017, legislators introduced new rules for withholding alimony. They are not retained if:

• transferred the money in full;
• the employee was fired;
• received an application to terminate execution from the claimant.

After this, the company must return the writ of execution to the claimant. It should indicate:

• grounds for termination of execution;
• the period during which the executive document was in the company;
• the amount collected upon partial execution of the document.

This data must be indicated in the copy of the writ of execution for the bailiff.

If the accountant makes a mistake and withholds payments from those incomes from which alimony cannot be withheld, then the company faces a fine of 30,000 to 100,000 rubles. For an accountant or director, its size will be from 10,000 to 20,000 rubles.

From what income is alimony collected?

All income that a citizen receives as a result of labor or other activities is conditionally divided into two parts: wages and other income.

Wage:

1. You can withhold income not only from the payer’s main salary, but also from an additional salary if a person works part-time.
2. From the income of officials, fees of journalists and workers in the creative field.
3. From any salary and income that is equivalent to it. It does not matter how it is calculated and in what form it is paid. Alimony is withheld if the salary is paid in cash or other foreign currency, as well as in kind.
4. With bonuses and allowances, which are provided for by the remuneration system.
5. Alimony is deducted from vacation pay.
6. Salary bonus for professional achievements.
7. Payments related to special working conditions.
8. Additional earnings for irregular working hours.
9. Alimony is withheld from sick leave.
10. With compensation for unused vacation.
11. With additional payment for harmfulness.

Any remuneration for work is income from which alimony funds are calculated. The main features of such a reward:

1. It is paid for a person’s performance of a certain labor function.
2. Remuneration is provided for in the remuneration system.
3. The payment appears in labor legislation.

Income from which alimony is withheld, other than wages:

1. Pensions and bonuses to them. In addition to the survivor's pension.
2. Scholarships for payers who study at primary, secondary or higher educational institutions.
3. Unemployment or temporary disability benefits.
4. Payments upon liquidation of an enterprise or in the event of staff reduction.
5. Income that the alimony payer receives from business activities.
6. Income from the rental of movable and immovable property.
7. Income from shares, dividends.
8. Amounts given out to pay for food.
9. Compensation as compensation for harm resulting in deterioration of health.
10. Income received under contracts for the provision of various services or performance of all kinds of work.

It is worth considering some nuances. Alimony from vacation amounts is withheld according to general rules.

During rolling leave, there is no need to distribute alimony amounts by month. Alimony from vacation is transferred in a single payment.

The law does not require withholding alimony from salary advances. But if, apart from the advance payment, the employee does not receive anything else by the end of the month, then alimony can be withheld when the advance payment is issued.

Do I have to pay alimony from the sale of an apartment?

One of the most pressing topics regarding real estate and marriage is whether it is necessary to pay alimony from the sale of an apartment. This question is closely related to the question of whether the proceeds from such a sale constitute income.

In accordance with the law, alimony from the sale of an apartment can be paid in the following cases:

1. When a parent who is obligated to pay child support specifically buys apartments at one price and resells them at another, higher price. The main purpose of such purchases is to make a profit.
2. When a parent decided to give an apartment to a minor child instead of paying child support for many years.
3. When there is a huge alimony debt and part of the profit from the sale of an apartment goes to pay off the debt.

1. It is possible to withhold alimony payments from the sale of an apartment only if it can be proven in court that the second parent sold it solely for the purpose of making a profit.
2. This can be done if the difference was recorded between the original price of the apartment at which it was purchased and the one at which it was resold.
3. In addition, the court can make a positive decision only if the defendant does not purchase new housing after the transaction.

The claim will not be satisfied in the case where the defendant no longer has anything other than the sold apartment and immediately after the sale he is looking for new housing.

When the plaintiff can prove the fact of the mercenary sale of real estate by the defendant, it will be possible to collect alimony. It is worth considering that payments will not be withheld from the full amount from the sale of the apartment, but only from the difference between the purchase price and the sale price.

If a person has sold his only apartment, it is impossible to legally collect alimony from such a sale. Since the reasons for this transaction may be:

1. Moving to a new place of residence.
2. Expansion of living space.
3. Forced sale for loan debts.
4. Other personal circumstances.

A purchase and sale transaction cannot be talked about as a way to generate income . It is possible to withhold alimony payments from the sale of an apartment only in certain cases and if there are certain conditions that need to be proven.

Thus, alimony can only be collected from income determined by law. The law identifies a number of payments from which alimony cannot be withheld.

Therefore, before you begin the process of collecting alimony, you need to figure out from which income alimony is withheld and from which it is impossible to receive it.

Video: 13 main incomes from which child support is withheld

Source: http://semeinoe-pravo.net/s-kakih-dohodov-uderzhivayutsya-i-ne-uderzhivayutsya-alimenty/

From what income alimony is not withheld - regulatory framework

If alimony is collected forcibly, then the bailiffs deduct the necessary amounts from the majority of the debtor’s cash receipts.

However, there are also payments that are not included in the base for alimony. Today we will talk about from what income alimony is not withheld?

Normative base

The general procedure for paying and collecting alimony is regulated in the domestic Family Code. At the same time, attention is paid to alimony in other laws or regulations.

In particular, if we talk about the income from which child support is withheld, their list is given in government decree No. 841 of July 18, 1996.

This list includes not only wages and similar payments, but also pensions, contractual remuneration, some compensation payments, etc.

When you need to find out which of your income does not fall under alimony, you should open Article 101 of the Federal Law “On Enforcement Proceedings”.

In addition to it, an indication of income that is not allowed to be foreclosed on is contained in Article 446 of the Code of Civil Procedure of the Russian Federation. It is advisable to know these rules in order to protect your rights in case of violation by bailiffs.

From what amounts is child support not withheld?

They can be divided into several groups. The first of them includes funds received as compensation for harm to health or in connection with the death of the breadwinner.

• Further, alimony is not collected from some labor payments.
• This, for example, includes funds paid by the employer as travel allowances or in case of assistance when family circumstances worthy of attention arose.
• The group of income that is not taken into account when collecting alimony also includes some types of social pensions (and subsidies to them), in particular, those paid in the event of the loss of a breadwinner.
• Financial assistance provided from the state in the event of natural disasters, other natural disasters, as well as large-scale terrorist attacks is not included in the base for calculating alimony.
• Maternity capital, if it is issued for a second and subsequent child, is also not subject to the withholding of alimony.

Read also: Survivor insurance pension: amount, size, documents

Income can be expressed not only in cash, but also in kind. Then some of its types also cannot be levied.

An example is maternity capital. It is not paid in cash, but alimony is not deducted from it either.

Peculiarities

1. And if we are talking about amounts received as compensation for harm or loss of a breadwinner, then payments from them are also withheld, but only in favor of children.
2. This rule also applies to amounts received as compensation by victims of radiation pollution or various types of man-made accidents.

So, let's look at what types of income alimony is not withheld from. We have already mentioned that alimony is not withheld (with the exception of children) from income received as compensation for damage to health or in connection with the loss of a breadwinner. In this case, the corresponding amounts must be confirmed by a court decision.

When a citizen receives targeted compensation from the state for certain expenses (subsidies, travel on public transport, purchase of necessary medications, etc.), then alimony is also not charged.

Within the framework of labor relations, the base for alimony does not include travel allowances, payments due to wear and tear of the employee’s tools, as well as assistance due to a wedding, the birth of the first child, or the death of a close relative. If an enterprise provides its employee with income in the form of full or partial compensation for the cost of vouchers (specifically for health improvement), then no deductions are made from him either.

Further, insurance pensions are not subject to the withholding of alimony, including cases of state support in the event of the death of the breadwinner. The situation is similar with funeral benefits.

The state in the event of various disasters, natural disasters, acts of sabotage, etc. may provide material assistance from its funds to affected citizens. Alimony is also not withheld from her.

Currently, law enforcement agencies widely practice the payment of rewards for payment of a particular crime. And payments are also not deducted from the amount of such a bonus.

Finally, benefits paid at the expense of the state or regions to families with children are not covered by alimony.

In short, a clear list of income that is exempt from alimony collection is quite clearly stipulated in the legislation. And it is advisable for any potential debtor to study it thoroughly.

A few practical points

This way, an employer or other organization (institution) can protect itself from claims by bailiffs for evading the transfer of alimony.

If the bailiffs illegally withheld alimony from amounts that are exempt from them, then the money will be returned at the expense of the state treasury. In this case, a separate claim will be required against the state represented by the relevant bailiff service.

It is advisable to keep all documents indicating the receipt of “preferential” payments. This way it will be possible to defend against claims and accusations of deliberately ignoring obligations to pay alimony.

reference Information

Let us remind you that if we are talking about forced payment of alimony not only for children, but also for other relatives protected by law in this matter, then the final amount of monthly contributions is determined by the court.

This can be either a certain part of the income or a strictly fixed amount.

Subsequently, the amount of alimony may again be reviewed by the court. To do this, a new case is opened in compliance with all procedural procedures prescribed by law. Based on the results, a new writ of execution is issued, which will be dealt with by bailiffs.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 or ask a lawyer a question using the feedback form, located below.

Source: http://lawyer-guide.ru/semejnoe-pravo/alimenty/s-kakix-doxodov-ne-uderzhivayutsya.html

From which income alimony is not deducted: a complete list of types

Last modified: January 2020

The law requires parents to provide for their own minor children, regardless of the marital status between the spouses and the existence of a registered marriage at all. The basis for the penalty is the very fact of parenthood. When determining the amount of monthly payments, it is necessary to take into account from which income alimony is not withheld, and when collection is justified.

From the general rule of calculating alimony in the form of a certain share of the payer’s earnings and other income, there is an extensive list of exceptions, depending on the reason and source of income.

The position of the law regarding the determination of payments should be studied in order to avoid misunderstandings with bailiffs when it is discovered that a significant debt has been accumulated for forced collection. A common occurrence is when payments stop due to retirement.

Meanwhile, obtaining pensioner status does not always entail exemption from financial assistance for a child under 18 years of age.

A complete list of types of income taken into account in calculating the payment for a child, from which alimony is withheld, is given in the Russian Government Decree No. 841, adopted on July 18, 1996.

Payments exempt from accounting when calculating alimony are defined in the provisions of the federal legislation on enforcement proceedings (Article 101), as well as Art. 446 Code of Civil Procedure of Russia.

It is necessary to study the current rules so that, in the case of unauthorized write-offs, there is the possibility of a reasoned review of the forced collection (when deductions are controlled by a bailiff).

For what income is child support not collected?

Due to the fact that the list of all items of cash receipts from which collection is impossible is quite large. It is recommended to study them from the point of view of applicability in each specific case. In addition to labor income and contributions from the employer, there are many situations when income comes in the form of government benefits, subsidies, subsidies, etc.

When calculating the upcoming deduction, amounts from which alimony is not deducted on the basis of the law will not be taken into account.:

• Money received by the father to compensate for damage caused to health, in other words, funds allocated for treatment and the recovery period.
• Government deductions due to natural disasters, natural disasters, emergencies, and cases of terrorism.
• Part of labor income, cash receipts related to the performance of work duties (for example, travel allowances or financial assistance from the employer).
• Social transfers from the state are represented by certain types of pension payments and subsidies (for example, in the event of the loss of the main breadwinner).
• Transfers received under the maternity capital program, intended to resolve issues of a family with two or more children.

It should be noted that not only monetary amounts are involved in calculating income. If it is expressed in kind, alimony may also take into account some income in kind.

Since many citizens paying alimony are employees, it is necessary to carefully study and monitor the correctness of calculations for collections:

• severance pay (paid by the administration of the employing organization before dismissal);
• compensation payments for expenses on business trips and business trips, as well as transfers of funds for organizing relocation in connection with transfer to a new position in another region;
• compensation for the worker’s use of his personal tools (not considered income, as it is associated with compensation for wear and tear of equipment);
• one-time bonus payments;
• payment by the organization in which the alimony payer works for expenses for treatment, travel to the place of treatment or rehabilitation course, for a voucher and travel to a place of rest and treatment;
• assistance provided by the employer in connection with the onset of natural events, emergencies, or injury, since the funds are used to compensate for the damage incurred;
• financial assistance in connection with the occurrence of any event in the personal or family life of an employee (wedding, funeral, birth of a newborn).

Other items of unaccounted income

Legislators have tried to define as clearly as possible the position under which exemption from the deduction of alimony is possible, taking into account the specifics of the income received:

• budget transfers in the event that a citizen organizes care for another disabled person;
• payment for funeral arrangements;
• benefits received from the state instead of alimony when the main alimony payer is wanted;
• transfer from the budget for assistance in catching a criminal, identifying violations of the law and preventing crime;
• various benefits to provide for dependent children;
• various insurance payments organized by Social Insurance, with the exception of old-age pensions, disability, and sick leave;
• inherited amounts received under a will;
• funds as a prize, reward from the state;
• if the payer is a pregnant woman - a B&R benefit paid upon going on maternity leave;
• compensation payments for organizing special meals in health care facilities while undergoing a rehabilitation course;
• payments from other alimony payers.

It is difficult to remember all the situations when the amounts of receipts will be taken into account when calculating payments, and in which cases the collection is unlawful. It is recommended that as you receive income, you pay attention to legislative references, checking the correctness of the deductions made.

When there is a suspicion that the payment is being calculated incorrectly, you should contact the person responsible for making the payments and also discuss the situation with the bailiff. If necessary, provide documents confirming that cash receipts are not included in the income taxable for alimony.

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From what income is child support withheld, collected and not withheld?

Home » Alimony » From what income is child support withheld, collected and not withheld?

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Child support is assessed on most types of income, but there are certain payments that are not taken into account when calculating the payment amount.

In order to correctly determine the financial capabilities of the payer, as well as take into account all possible options for deductions, you should take into account both the list of types of income from which alimony is withheld, and the list of funds received that do not participate in this type of deduction.

List of income from which alimony is withheld and collected

Child support for minor children is collected from the following types of income: wages, pensions, scholarships and most types of benefits.

Wage

Deduction is made from:

• Salaries calculated according to the tariff rate.
• Salary for a specific period worked.
• Payments for piece work.
• Profit received in a non-monetary way.
• Commission income.
• Payments for overtime work.
• Royalties for original work.
• Any additional payments and allowances.
• Additional payments for hazardous working conditions.
• Rewards and bonuses.
• Earnings that are retained by the employee in various cases (for example, during vacation).
• Additional payment for going to work on holidays and non-working days.

Read also: Benefits for blood donors: in 2020-2021, in Moscow

Thus, alimony is withheld from all types of income received as payment for work, be it regular payments, one-time piece work, royalties, or all kinds of additional payments.

Example: An alimony payer receives a salary of 15 thousand rubles. He receives another 10 thousand in the form of a bonus. In addition, for another company, the same person regularly completes piecework orders, the income from which is another 20 thousand rubles per month.

In such a situation, all of the listed types of profit will be taken into account when calculating the amount of alimony payments. Let's assume that the payer is obliged to support one child and transfers 25% of income. The total profit is 15+10+20=45 thousand rubles. 25% of it = 11,250 rubles.

This is exactly the amount of alimony.

Withholding is made only from “net” profit, that is, after deduction of all necessary taxes and fees.

Military personnel, employees of the Ministry of Internal Affairs and other similar structures receive allowances, which, in the case of calculating alimony payments, are also equal to wages. In such a situation, deduction is made with:

• The salary due to an employee based on his position/rank.
• Regular and irregular additional payments.
• Payments for length of service and academic degrees.
• Payments due to an employee upon dismissal.

Example: A military serviceman receives a salary of 20 thousand rubles. In addition, he receives another 5 thousand for his years of service. Alimony will be calculated from the amount of 25 thousand rubles. If he leaves the service and receives severance pay, then it will also be taken into account in the one-time deduction of alimony.

Child support is also withheld from most other types of income. This category includes:

• Pensions, including increased additional payments and allowances. In this case, an exception applies to certain types of pensions. More on this below.
• Scholarships of any kind.
• Unemployment and disability benefits.
• Payments upon downsizing or liquidation of a company.
• Income received from mining activities.
• Profit of individual entrepreneurs.
• Income from rental property.
• Profit received by shareholders.
• Financial assistance from the state with some exceptions (see below).
• Payments as compensation for harm caused to the health of the alimony payer.
• Compensation received from state budgets.

Example: The alimony payer was fired due to redundancy. He received 40 thousand rubles as severance pay.

If he is obliged to support one child and transfer 25% of income monthly, then in this case the payment will be 10 thousand rubles. Subsequently, the person registered with the employment center and began receiving a monthly allowance there in the amount of 4 thousand rubles.

This amount will also be taken into account when calculating alimony. From it he will pay 1 thousand rubles (25% of the amount) monthly.

Despite the fact that alimony is withheld from most types of income received, in whatever form it may be, there are a number of payments that are not taken into account when calculating:

• Pension contributions for the loss of a breadwinner.
• Compensation payments received for relocation, business travel or tool wear.
• Payments received as a result of injuries and injuries, as well as death in the performance of official duties.
• One-time payments related to compensation for losses from natural disasters, terrorist activities, marriage, the birth of a child, and humanitarian assistance.
• Maternal capital.
• Reimbursement of payments for vouchers to health facilities.
• Insurance payments.
• Funeral benefit.
• Alimony received by the payer.

Despite the fairly comprehensive lists of types of income from which alimony is and is not withheld, it is not always possible to figure out which specific category a particular payment belongs to. Experienced lawyers will help you understand the issue during a free consultation. They are ready to select all the necessary documents, draw up statements, or even represent the client’s interests in court.

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Alimony: from what income is withheld, from what income is not deducted

Alimony is a payment for the maintenance of minor children, disabled parents or spouses. They can be paid by voluntary agreement or court order.

The writ of execution specifies the amount of the benefit, the procedure for transferring funds, etc. Alimony from income is withheld if it is assigned as a percentage of official income.

But the payer can receive money in addition to the official salary. Is child support always withheld from them?

Procedure for assigning alimony

The obligation of parents to support minor children is enshrined in Art. 80 of the Family Code.

If the parents can agree, then they enter into a voluntary agreement. For a document to gain legal force, it must be certified by a notary.

If a parent evades payment, the other party has the right to sue.

By decision of the official, benefits are assigned in two ways:

• as a percentage of wages;
• in a fixed amount of money.

The second method is used in the following situations:

• if the alimony payer does not have official income;
• in the case where income is paid to the employee in foreign currency;
• if the salary is irregular.

Alimony as a percentage of earnings is assigned in the following amount (Article 81 of the RF IC):

• 25% - per minor;
• 33% - two;
• 50% - three or more.

• The transfer of alimony is carried out by the employer on the basis of a writ of execution.
• The accounting department of the enterprise must transfer funds within 3 days after payment of wages or other income provided for by law.
• The allowance for the maintenance of a minor is transferred both from the main place of service and from part-time earnings. 

Claim for collection of child support. [39.00 KB]

When is child support withheld?

The question often arises from what income alimony is withheld.

In addition to wages, these include:

• vacation pay;
• material aid;
• bonuses;
• scholarships;
• sick leave benefit;
• income from business activities, etc.

In accordance with legislative acts, alimony is calculated after income tax has been deducted from earnings.

Funds for the maintenance of children are paid from old age or disability pensions, benefits from the labor exchange.

Payments are calculated from the monetary allowance received by the following categories:

• military personnel;
• employees of the State Fire Service;
• employees of internal affairs bodies.

For convicts in correctional colonies, prisons, etc., alimony is withheld from all types of earnings. The benefit is calculated after amounts that compensate for the citizens’ stay in the institution are deducted from income.

Alimony is calculated on funds paid under a certificate of temporary incapacity for work from the Social Insurance Fund. 

Agreement on payment of alimony. [14.65 KB]

Alimony from pension.

What income does not provide child support?

1. Often, payers and recipients of payments are faced with the question of what types of income alimony provides for.
2. Some payments from the employer or the state do not transfer funds for the maintenance of a minor.

3. These include:

• travel expenses;
• funeral benefit;
• financial assistance in connection with the death of a relative, the birth of a child;
• compensation for wear of working tools;
• emergency benefits, etc.

The full list of payments is regulated by Government Decree No. 841 of July 18, 1996. 

Alimony is not deducted from the pension assigned due to the loss of a breadwinner. Payments for the maintenance of a minor are not made from funeral benefits, assistance paid by the employer upon registration of marriage or death of relatives.

Funds that compensate for treatment in a sanatorium or dispensary are not taken into account.

 If alimony is income, for example, paid to another spouse due to loss of ability to work, or for another child, then payments are not withheld from them.

The allowance for the maintenance of a minor is not calculated from the maternity capital received at the birth of a new baby. Payments also cannot be withheld if the parent is on leave to care for a minor (maternity leave).

Often, an employee uses a personal car for business purposes, for which he is paid compensation. No alimony is paid from this amount, since it is not income.

This position of legislators also applies to payments made in connection with a business trip, transfer of an employee to another job, etc. 

How is child support paid?

Funds for the maintenance of minors are transferred by the employer to the recipient's account from the employee's income, if a writ of execution is available.

Alimony is paid no later than 3 days after the payer receives earnings, benefits and other types of payments.

Their size cannot exceed 70% of the total amount, even if there is debt.

Funds can be paid in advance if the company transfers wages to the employee twice a month in equal parts.

Alimony is paid from old age and disability pensions, unemployment benefits. In this case, it is necessary to apply with a writ of execution to the relevant government agency.

Benefits received by adults are not subject to deduction, either from the employer or from the Social Security authorities.

An employee paying alimony has the right to receive a tax deduction at the place of duty.

Agreement on payment of child support: sample, size.

Conclusion

If child support payments are made in a fixed amount, they require annual indexation. It is carried out if the minimum subsistence level has increased.

In accordance with Law No. 321-FZ of November 14, 2017, annual indexation is the responsibility of the employer. Failure to comply with instructions may result in a fine of up to 100,000 rubles being imposed on a legal entity. (Administrative Code of the Russian Federation Article 17.14).  

Source: https://pravasemei.ru/alimenty/s-kakih-dohodov-uderzhivayutsya-i-ne-uderzhivayutsya-alimenty/

From what income is child support withheld and paid? - from what payments and amounts is child support not withheld?

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Every parent is obliged to support his minor children, regardless of whether he lives with them or not. It often happens that the child’s parents divorce and the child remains to live with the mother. In this case, the father must pay child support.

What income of a citizen is taken as the basis for calculating alimony? How is the amount of payments per child calculated? – we will look at the answers to these questions in this article.

From what income is alimony paid?

Alimony is funds that are paid by a parent from his total income for the maintenance of minor children until they reach the age of 18 or other circumstances occur that lead to the termination of alimony payments.

Thus, the norm of the article of the RF IC determines that the source for deduction is the payer’s earnings or his other income. All types of earnings and income from which alimony payments can be withheld are established by an additional regulatory legal act issued by the Government.

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

What is the list of income?

In order to understand exactly what income falls under alimony, let us turn to Government Resolution No. 841, adopted on July 18, 1996.

This document provides a complete and exhaustive list of the payer’s sources of livelihood from which alimony payments are collected.

IMPORTANT: It is assumed that all types of income listed in this document are official and documented. It is logical that the payer is obliged to pay alimony based on the amount of his “gray” wages, but it will be impossible to prove the fact of its receipt even in court.

List of income from which alimony is withheld

According to the above Resolution, the following types of payments can be used to withhold alimony:

• Salary;
• Salary at the rate for hours worked;
• Earnings from work performed, revenue;
• Non-cash earnings;
• Teachers' salaries;
• Salary of civil servants, municipal bodies, deputies, members of elected bodies;
• Fees for media workers, artists;
• Allowances for experience, length of service, rank, degree, combination of professions;
• Allowances related to special working conditions (hazardous work, overtime, work at night, on weekends and holidays);
• Amounts of additional payment for performing additional functions (classroom management - for education workers);
• Salaries for medical workers;
• Awards;
• Average earnings.

Other income that may be subject to foreclosure on alimony payments of the payer includes:

• Any types of pensions and bonuses to them (this does not include only the survivor’s pension);
• Unemployment benefit;
• Scholarship;
• Income from entrepreneurial and mining activities;
• Income from rent, from shares;
• Financial assistance (except for one-time assistance);
• Amounts of compensation for damage to health;
• Amounts received under civil contracts;
• Amounts equal to the cost of the food provided;
• Monthly payments to doctoral students.

Attention: Alimony from the payer's salary or other income is withheld after all taxes and mandatory fees to the budget have been withheld. That is, the calculation to determine the amount of accrued alimony is subject to the “net” amount of income, exempt from tax payments.

List of payments from which alimony is not withheld

The text of Resolution 841 also contains a list of those incomes that do not fall under alimony. In particular these include:

• Survivor's pension;
• One-time assistance, which is allocated from the budget of all levels, extra-budgetary funds, at the expense of foreign states, international, foreign and Russian organizations in the event of an act of terrorism, an emergency, due to the death of a relative, in the form of humanitarian aid, for providing assistance in preventing an act of terrorism;
• Compensation for therapeutic and preventive nutrition;
• Funds paid by the employer to the employee for childbirth, due to the death of family members, marriage, travel allowances, when transferred to work in another area.

In addition to this Resolution, the list of sources of income from which alimony cannot be calculated is contained in the Law “On Enforcement Proceedings”. This legislative act to some extent duplicates the provisions of the Resolution, however, there are a number of additions.

In accordance with Article 101 of the law, which guides bailiffs when executing court decisions to collect alimony, collection is not carried out in relation to the following income:

• Funds that are entitled to persons who received injuries during the performance of official duties, in the event of their death - funds that are entitled to their families;
• Compensation for citizens injured as a result of radiation disasters;
• Compensation for persons caring for a disabled person;
• Monthly payments allocated to certain categories of citizens for travel and purchase of medicines;
• Insurance amounts for compulsory insurance (except for old-age and disability pensions);
• Child benefits;
• Maternal capital;
• Funeral benefit;
• Compensation for the cost of vouchers (except for tourist ones) paid by enterprises to employees and children under 16 years of age;
• Compensation for travel costs for treatment.

As we can see, legislators have provided a fairly wide list of parental income from which he can pay child support. Therefore, if a person thinks that if he does not officially work, then it is impossible to collect payments from him for children, he is deeply mistaken.

And for those persons who do not have any of the above types of income, the court usually orders alimony to be paid in a fixed amount.

Withholding amount

It should be noted that alimony payments will be collected from all types of income in the amount that will be established by the court or by agreement between the braider and the recipient of alimony (agreement on the payment of alimony).

However, this amount cannot be less than the norms provided for by law (Article 81 of the RF IC). But the maximum limit on the amount that can be deducted from the payer is 70%. By law, the payer must have at least 30% left to live on.

When alimony is withheld as a share of all types of earnings, the amount of official income received by the payer is summed up, taxes are deducted from it, and a calculation is made for the remaining amount.

• Example
• Ivanov receives an official salary of 20,000 rubles, additionally has income from rental real estate in the amount of 10,000 rubles and receives a pension as a former law enforcement officer in the amount of 13,750 rubles.
• The total amount of income taxed at 13% is:

• 20,000 + 10,000 = 30,000 rubles – 13% = 26,100 rubles of net income in hand.
• 26,100 + 13,750 = 39,850 rubles.

It is from this amount that alimony will be withheld from Ivanov, who, by court decision, is obliged to pay ¼ of all types of alimony earnings, which will amount to:

• Ivanov will be required to pay 39,850 rubles x 25% = 9,962 rubles of the total amount of alimony monthly.

IMPORTANT: In this case, the responsibility for calculating alimony from wages will be assigned to the employer's accounting department, from pensions - to pension fund specialists, and Ivanov will be required to pay alimony from rent himself.

Need a lawyer

Calculation and withholding of alimony is a procedure carried out by bailiffs or the employer. In some cases, the payer himself may or is even obliged to calculate and transfer alimony.

However, in practice, alimony payers do their best to hide their income, in every possible way infringing on the interests of minor children.

An experienced lawyer will help you analyze the list of income received by the payer and help establish the real amount of alimony due to minor children.

Contact our specialists for a free consultation right now and get comprehensive legal advice on the amounts from which alimony is or is not withheld!

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Source: http://allo-urist.com/s-kakih-dohodov-uderzhivayutsya-i-ne-uderzhivayutsya-alimenty/

What income is not deducted from alimony: an expert answers

Child support is protected by the state with special care, because it affects the interests of not only the child, but also the payer himself.

That is why in Russia there is the concept of property immunity, which combines the property and income of the payer, from which alimony is not withheld.

All protected types of income are listed in Article 101 of the Federal Law “On Enforcement Proceedings,” which also indicates the sources of alimony collection.

Who determines the sources for collecting alimony?

According to the Family Code of the Russian Federation, parents have the right to choose the method of collecting alimony on their own, indicating it in the alimony agreement. The amount may be expressed as a fixed amount based on valid reasons and the needs of the child. It is allowed to replace payment with property transfer.

Often, parents or the court choose the shared method of collecting alimony, in which the payment is withheld from the official income of the payer. However, few people know that not all of an individual’s income serves as a source for withholding alimony. Let's figure out what kind of profit is protected in this case.

For which employer compensation is child support not withheld?

Issues regarding the designation of a source for alimony payments are regulated by the Family Code of the Russian Federation and Government Decree No. 841. The main sources of income from which alimony is not withheld are compensations, payments and benefits from the employer. In addition, the Labor Code of the Russian Federation has granted immunity to the following types of payments:

1. Payments and benefits related to dismissal and reduction (Severance pay);
2. Payments that compensate for the costs of business trips, official relocations or transfers to another branch of the employer;
3. Material remuneration from the employer in cases of using personal tools or consumables;
4. One-time bonuses;
5. Payments to the employee for the cost of a trip to a sanatorium or other health resorts;
6. Help from the employer in case of emergency:
   1. Disaster;
   2. Thefts, robberies, assaults;
   3. Act of terrorism;
   4. Receiving injuries, injuries, serious illnesses at work;
7. A material gift from an employer in connection with a changed marital status (registration of marriage, birth of a child, death of a blood relative).

   On February 1, 2019, the Constitutional Court of Russia prepared Resolution No. 7, which outlined the list of official profits from which money will be withheld. In particular, it is indicated that alimony in favor of children/disabled relatives cannot be withheld from compensation payments:

   • for wear and tear of personal vehicles used in work activities;
   • costs for a machine allowed to operate by agreement of the parties;
   • wear of working tools.

   If previously alimony was withheld from wages taking into account compensation payments, then this is the basis for contacting the FSSP to recalculate payments and reduce the amount of alimony for the future period.

What benefits do you not need to pay child support for?

In addition to material support from the employer, citizens of the Russian Federation can receive a number of social payments and benefits from which the withholding and collection of funds for child support is unacceptable. We list the main ones:

1. Compensation from the state budget for people caring for disabled and incapacitated people;
2. Financial assistance for funeral;
3. Cash allowance for the maintenance of a child during the period of searching for parents;
4. Cash awards for assistance to investigators in solving or identifying offenses and crimes;
5. Survivor's pension;
6. Child benefit for single mothers;
7. Payments for compulsory social insurance, with the exception of pensions, disability benefits or temporary disability;
8. Compensation for damage from the state resulting from natural disasters, wars or other unforeseen circumstances.

Read about how to collect alimony from a disabled person here.

In addition to the above income, lottery winnings, inheritance, social assistance and received maternity capital are immune from the collection of alimony.

If you still have questions or cannot figure out the current situation on your own, please contact the lawyers on our website for a free consultation. User support is available around the clock and without restrictions.

Source: https://rualimenty.ru/s-kakix-doxodov-alimenty-ne-uderzhivayutsya/