Alimony 70 percent: in what cases will the court order

Often, parents who end their cohabitation fail to peacefully reach an agreement on alimony and child support; therefore, this issue is subject to consideration and resolution by the court.

Finding themselves in such a situation, each parent asks the question: “What is the maximum amount of alimony that can be collected?”, “In what cases can alimony reach 70 percent?”, “How to prevent violation of your rights and the rights of your child?”

These and other questions will be discussed further.

Voluntary alimony

When parents maintain normal relationships even after separation, and act, first of all, in compliance with the interests of their common minor child, it is advisable to resolve all issues of his upbringing and maintenance through peaceful negotiations.

For such cases, the law provided for the possibility of parents signing an alimony agreement, where the parties spell out all issues related to the financial support of their common children (Article 99, Article 100 of the Family Code of the Russian Federation of the Russian Federation).

Download the agreement on payment of alimony in word (.doc) format

Amount of alimony

Parents often have a question: is it possible for them to voluntarily establish more alimony than is provided by law? Parents can set any amount of money paid for the financial support of the child. The amount can be set either as a fixed amount or as a percentage of the father’s income.

Article 81 of the Family Code of the Russian Federation

However, it must be taken into account that the amount of money allocated monthly for the financial support of the child should not be lower than that established by law (Article 81 of the Family Code of the Russian Federation). This restriction is aimed at protecting the rights of a minor from abuse by unscrupulous parents, and to provide the child with a decent standard of living.

When concluding an agreement, parents can establish that the father undertakes to pay his child maintenance in the amount of 70 percent of his monthly income, and even more. The law does not contain any restrictions in this regard, since the parties establish the terms of this agreement for themselves voluntarily.

But we must remember that the agreement should not infringe on the rights of third parties. The provision of the agreement, according to which the father has the right to withhold 70 percent or more of the income for the children, should not be intended to make it impossible for other debtors to deduct from the salary.

Such debtors have the right to go to court and declare the agreement concluded by the parents invalid.

Considering that now many people take out loans, sometimes significant amounts, taking into account the instability of the country’s economic situation, banks often collect debt through the courts, and subsequently through bailiffs.

Wanting to make it impossible for the bank to receive money from their salaries, debtors enter into fictitious agreements with their spouses, according to which up to 70 percent of their salaries go towards alimony payments.

Remember that banks have a staff of qualified specialists, they are well familiar with all such tricks, and they know very well how to deal with them.

A case from judicial practice

The bank filed a claim against Ivanov I.I. and Ivanova M.K. on invalidation of the agreement they concluded on the payment of alimony. When considering the case, it was established that an earlier court decision against Ivanov I.I.

The bank recovered more than 5 million rubles under an overdue loan agreement. Enforcement proceedings were initiated to recover these amounts. After this, Ivanov I.I. and Ivanova M.K. divorced the marriage and entered into an agreement, under the terms of which Ivanov I.I.

pays his ex-wife alimony in the amount of 70 percent of his salary every month.

The court granted the claim, indicating that after the divorce the Ivanovs continued to live together as one family, from which it can be concluded that they entered into an agreement solely for the purpose of preventing the withholding of funds from Ivanov I.I.’s salary. to pay off a debt to the bank.

Formalization of the agreement

Parents must have their agreement certified by a notary, otherwise it will not have legal force and if arrears arise in payments, it will be impossible to collect it forcibly by contacting the bailiffs.

Parents, of course, can agree on everything verbally or enshrine everything in a simple written agreement.

If the payer is a conscientious parent and will fulfill his obligations correctly, no problems will arise.

However, if the terms of the agreements suddenly cease to be observed, it will not be possible to achieve protection of the rights of the child by turning to the bailiffs; you will have to go to court.

Therefore, if the father agrees to pay voluntarily, it is better not to waste money on a notary, having drawn up all agreements as prescribed by law, so that later he does not go to court with an application to collect child support and does not waste even more time and money on litigation. This is especially true if, according to agreements, the father agrees to pay maintenance that exceeds the amount of alimony established by law. Without going to the notary once, the mother can significantly infringe on the interests of the children.

Alimony in court

When the parents themselves were unable to agree on how they would support their joint children and did not enter into an agreement, the mother has the right to file an application with the court, which will determine a specific amount of payments.

Courts collect alimony as a percentage of the father's income or a fixed amount. Can the courts withhold alimony in the amount of seventy percent of the payer’s earnings?

When determining alimony as a share ratio, Art. 81 of the Family Code of the Russian Federation, establishes the following amounts of income, taking into account how many dependent children:

• One – 1/4;
• Two – 1/3;
• Three or more – 1/2.

As can be seen from the analysis of this legal norm, even if the mother has four, seven or more children in her care, it will not be possible to receive more than half of his earnings from the father. The law clearly established the upper limit of deductions assigned to payment from the father's income.

When withholding funds in a fixed amount, its amount is determined in each specific case by the court individually based on many factors.

Thus, it is clear that the court, when determining the amount or amount of funds for the financial support of the child, establishes these deductions in the amount of no more than 70 percent of the father’s income.

The court will not be able to establish alimony in a larger amount, even taking into account the specific circumstances of the case and the large number of children in the mother’s care; the law prohibits it from doing so.

This rule was established so that the debtor can provide himself with decent living conditions, even if he pays alimony to support his wife for up to 3 years.

Alimony in enforcement proceedings

If the payer evades fulfilling his duties and does not transfer money for his children to the mother, then she has the right to turn to the bailiffs in order to forcibly collect the resulting debt.

Forced collection is possible both by writ of execution and by voluntary agreement.

When a claimant applies, the bailiff initiates enforcement proceedings, after which all documents are sent to the debtor’s place of employment. The accounting department of the organization where the debtor works, having received the executive documentation, begins to deduct alimony from wages in the amount established by the documents.

Article 99 of the Law on Enforcement Proceedings prescribes that no more than half of it can be deducted from the salary, even if more than one enforcement proceeding has been initiated against the debtor. The same rules are established by Article 138 of the Labor Code of the Russian Federation.

However, these rules of law contain a caveat that the rules on deducting no more than half of earnings are not valid when it comes to cases of alimony payments for minor children.

In such a situation, up to 70% of their income can be deducted from alimony workers, but no more than that.

These restrictions on the maximum possible deduction from wages are explained by the fact that the funds remaining with the debtor after deduction should be enough for him to live a normal life, albeit with minimal satisfaction of his needs.

But if the court can order to withhold alimony in the amount of no more than 50 percent, is 70 percent alimony collected in what cases? Let's look at the most common cases encountered in practice.

Option 1 - The most common situation is a deduction of up to 70 percent from the salary, when the payer accrues arrears of alimony.

As a rule, debt arises when the father does not work for some time; during this period, bailiffs calculate alimony based on the average monthly salary in the country.

Or, at the request of the mother, the court will collect a penalty for the amount of alimony not paid on time.

After official employment, enforcement documents are sent to the debtor’s new place of work, after which the amounts awarded for monthly collection are calculated, as well as amounts aimed at reimbursing the debt incurred during the absence of permanent work. In this case, deductions in this amount will be made until the debt is fully repaid. After this, penalties are again made in the amount of no more than 50 percent of the salary. If the debt is re-formed, the collection rate increases again.

Case Study

Petrov A.V. is obliged to pay 50 percent monthly for the maintenance of his two children.

He owed 35,000 rubles in alimony because he had not been officially employed for several months. After registration of Petrov A.V.

to work at Olimp LLC, the accounting department received from the bailiff a document on the collection of alimony from A.V. Petrov. 50 percent, as well as documents for collecting alimony debt.

Accounting is obliged to send half of Petrov’s earnings to A.V. for the monthly maintenance of children, and 20 percent for debt repayment, until the resulting debt is 35,000 rubles. will not be fully repaid. After this, Petrov A.V. They will only deduct half of your earnings.

Option 2 - Deductions under writs of execution can occur not only for alimony.

If the debtor has repayment obligations under executive documents related not only to payment of child support, but also to others, for example, payment of a debt to a bank under a loan agreement, then deductions from wages will reach 70 percent, until the debt to the bank is fully paid.

After this, deductions will be made only for alimony in the amount established by the court or agreement. Option 3 - Deductions under several executive documents for several children.

This situation is rare, but it does occur when mothers of children from different marriages independently file for alimony through a court order, at different times, without indicating that the payer has other children, and the payer does not use his right to challenge the order. The total withholding rate may exceed 70 percent.

At the same time, all documents acquire legal force, therefore the bailiff is obliged to initiate proceedings on them and send them to the debtor’s place of employment for execution, and the accounting department must execute these documents. Neither the bailiff nor the accounting department have the right to challenge these documents; this right belongs exclusively to the alimony payer. If he does not use it, deductions will be made in strict accordance with the documents, the maximum deduction will be 70 percent of the salary.

Case Study

Kovalev A.A. pays alimony - half of his earnings for two children from his first marriage. Kovalev’s second wife A.A. filed an application for a court order to collect from him alimony for their common child of 25 percent of the salary. At the same time, in the statement the wife did not indicate that Kovalev A.A. also has two more children, for whose support deductions are made from his salary.

The court issued a restraining order. Kovalev A.A. I received a copy of the order, but did not file an application to contest it; the order entered into force and was sent to the bailiffs.

The bailiffs, after initiating the proceedings, sent documents to A.A. Kovalev’s place of work. The accounting department had two court orders pending execution - the first to withhold from A.A. Kovalev.

50 percent, the second - to withhold 25 percent.

Accounting is obliged to make deductions for both documents, but maximum from Kovalev A.A. 70 percent of earnings will be deducted. The remaining 5 percent underpaid will accumulate as debt.

Advice

When such situations arise, the payer needs to be more active in challenging unfounded court orders in order not to pay more than is required by law.

If objections to disagreement with the court order are submitted to the court, indicating the presence of alimony already paid, the order will be canceled, the case will be considered in the lawsuit procedure, and alimony will be assigned a smaller amount.

Thus, alimony reaches 70 percent only when the parents independently and voluntarily establish this amount in an agreement, as well as when it is deducted from the debtor’s wages during enforcement proceedings and forced collection.

Source: https://YaiZakon.ru/alimenty/70-protsentov

Alimony 70 percent: can it be deducted from wages and in what cases?

Conditions and cases of calculating alimony in the amount of 70 percent. How alimony is assigned, canceled and reduced. Legislative basis for withholding 70 percent of alimony from wages.

Alimony is assigned to one of the parents who does not fulfill their obligations to support the child. The amount of alimony payments is determined by voluntary agreement or by the court.

Payers are often interested in whether accounting can deduct 70 percent of their salary for alimony.

When setting the amount of payments, the court relies on many factors and in certain cases may set a maximum amount.

Procedure and rules for assigning alimony

The legislation distinguishes two ways of assigning child support obligations for a parent who does not live with the child or evades providing for him.

Methods for obtaining alimony:

1. Conclusion of a voluntary alimony agreement. Used when the parents were able to come to an agreement. The agreement must be certified by a notary office. The parties establish the conditions, procedure and method of receiving payments independently.
2. Filing a claim in court by one of the parents. When parents cannot reach a compromise on child support, they are forced to turn to the courts. The court, having considered the application and heard the arguments of the parties, makes a decision on the assignment of alimony obligations.

Recommendation! The priority option for establishing the obligation to pay alimony is a voluntary agreement. This method is simpler and faster than going to court. The alimony agreement also has the force of an executive document.

The amount of alimony payments can be set as a fixed monetary amount, or as a percentage of wages. If alimony is assigned as a percentage, then the amount of payments will depend on the number of children.

How is the amount of child support calculated depending on the number of children:

• one child - 25%;
• two children - 33%;
• three or more children - 50%.

All children of the payer, even if they are from different marriages, have equal rights. The order of birth of children does not play a role when assigning alimony. Payments are divided among minors in equal shares.

In certain cases, the portion of the payer’s income allocated to the child may be increased to 70 percent. Such cases are exceptions, since the alimony provider only has 30 percent of his earnings to live on.

The court does not care at all about the number of children of the defendant. Even if there are ten of them, payments are still assigned at 50%. But in the presence of specific circumstances, there is a risk of increasing the amount of payments to 70%.

In what cases is alimony calculated in the maximum amount?

Both claimants and debtors are interested in the question of whether it is possible to receive or pay child support of more than 50%. Based on Art. 99 Federal Law “On Enforcement Proceedings”, bailiffs have the right to recover up to 70% of all income of the debtor.

Grounds for withholding 70% of alimony:

1. Alimony debt. If there is a debt for alimony, deductions in the amount of 70% will occur until the debt is fully repaid. Provided that the debt arose for unjustified reasons.
2. The payer has three or more children, with one child on disability. The Family Code establishes that 50% of earnings are paid for three or more children. The payment amount is divided equally for each child. But if a citizen has a disabled child, child support payments can be increased to 70%.
3. The payment of 70% of the payer’s income is determined by a voluntary agreement between the parents. At the same time, the number of children does not affect the amount of alimony in any way, since the amount is determined by the parents independently.

The percentage of recovery may be increased in the event of physical or moral damage to a minor. The parent can transfer part of the withheld funds to the child’s account if the court proves that the mother is using the money for other purposes.

If the payer, in addition to the writ of execution for alimony, has other obligations, for example, repaying a debt under a loan agreement, then the total amount of deduction from wages can reach 70 percent. After full repayment of the loan debt, only alimony payments will be withheld.

Before making a decision, the judge must make sure that the payer will have enough money left to live on. The balance of funds after making deductions cannot be lower than the minimum wage established by law.

Is it legal to withhold 70% of alimony?

Most alimony payers believe that the decision to pay 70 percent of alimony is illegal. Citizens often appeal the actions of bailiffs.

But in practice, such measures are perfectly legal, subject to exceptional circumstances.

When the payer receives only 30% of the salary, he accuses the ex-wife of illegal actions and the bailiffs of abuse of power.

70% of alimony may be withheld as a result of an error in determining the debt. If the alimony provider is confident that he is fulfilling his obligations to support the child in good faith, he needs to file a complaint with the FSSP.

Legislative acts regulating the procedure for assigning alimony:

• Family Code of the Russian Federation;
• Federal Law “On Enforcement Proceedings”.

The bailiff conducting enforcement proceedings may make a mistake that will result in a violation of the rights of the claimant or debtor. Also, incorrect calculation of alimony may occur due to the fault of the accountant calculating wages.

If 70 percent of the salary was written off, and the citizen has no alimony arrears, and was not summoned to a trial to change the amount of payments, then such a write-off is illegal.

To find out whether more than half of the income is legally withheld, the alimony payer should:

1. Contact the settlement department at your place of employment to familiarize yourself with the document on the basis of which the funds were withheld. Since the accountant does not have the right to independently change the amount of deductions, he must provide a bailiff's order or a writ of execution.
2. Draw up an application for familiarization with the enforcement proceedings and send it to the bailiff. The case materials must contain a decision to withhold alimony in the amount of 70%, as well as the grounds for such withholdings.

The alimony payer has the right to contact the prosecutor's office with a complaint against the bailiff. In accordance with Art. 116 of the RF IC, erroneously collected funds remain with the claimant, and the return to the payer is carried out by the person who made the mistake.

If, according to one executive document, 70% is already withheld from a citizen, then for other debts the accountant does not have the right to write off a larger percentage. That is, the total amount of deductions should not exceed 70% for all types of income. If deductions are made in a larger amount, such actions are illegal.

Withholding 70% of alimony payments in practice

To understand the grounds and conditions for withholding 70% of alimony, you should consider cases that may arise in practice.

Example 1. The court ordered Petrov I.A. to pay 50% of his earnings monthly for the maintenance of two children. The citizen was not officially employed for two months, which resulted in a debt of 40,000 rubles. When Petrov I.A.

got a job, the company's accounting department received a decree from the bailiff to withhold 50% of wages, as well as a document to collect the resulting debt. In such a situation, the accountant is obliged to withhold half of Petrov I.A.’s salary for current alimony payments, and write off another 20% as a debt.

When the debt is fully repaid, Petrov I.A. will retain only half of the income.

Example 2. Vorobiev D.V. pays half of the salary for the maintenance of children from his first marriage. The second wife of Vorobyov D.V. filed a petition with the court to assign alimony for their common child.

The wife did not indicate in the statement that the defendant has children from his first marriage for whom deductions are made. The court ordered the defendant to pay alimony in the amount of 25% of income. Having received a court order, Vorobiev D.V.

did not appeal the document, and it was sent to the bailiff service for execution. The accountant of the company where D.V. Vorobiev works had two writs of execution pending execution. The payer will be deducted 50% for one court order, and 20% for the second.

The remaining 5% will accumulate as debt, since more than 70% cannot be retained by law.

How to cancel the write-off of alimony in the amount of 70%?

If the payer is withheld 70 percent of his salary, there is a way out of this situation, but it cannot be applied to everyone.

The law allows you to cancel the withholding of more than half of your income only in relation to debt. In this case, the payer will need to prove that the debt was formed unintentionally and that the alimony provider is not at fault.

The following are recognized as valid reasons confirming the unintentional formation of alimony debt:

1. Illness of the payer associated with surgery, hospitalization, payment for treatment, acquisition of disability.
2. The difficult financial situation of the payer along with the appearance of other dependents.
3. Insurmountable circumstances, such as natural disasters, military operations, difficult life situations.

If the debtor really has good reasons, then on the basis of Art. 114 of the RF IC, he has the right to go to court with a demand for exemption from debt payment or for debt reduction.

Download a sample application to reduce the amount of alimony debt

The requirements specified in the claim must be supported by documents. It is necessary to collect certificates, opinions and other documents that can confirm a valid reason for the formation of the debt.

If the court takes into account the evidence provided and finds it convincing, then the plaintiff has the right to expect cancellation or reduction of the debt. Writing off or reducing debt involves reducing payroll deductions. But at the same time, monthly payments will be withheld until the child reaches 18 years of age in full.

Transfer of child support to the child's account

Alimony recipients who have more than half of their wages deducted to pay alimony often doubt the integrity of the recipient of the funds. In most cases, child support for a minor child is received by his mother. But if the payer suspects the ex-spouse of misuse of funds, he can transfer part of the money to the child’s bank account.

To obtain permission to transfer alimony to the child’s personal account, a citizen must apply to the judicial authority with a corresponding application, which is supported by evidence confirming the claims.

The grounds for transferring alimony to a child’s account may be:

• chaotic lifestyle of the recipient of alimony;
• alcohol or drug addiction of the claimant;
• spending money not on the needs of the child;
• purchasing large items for personal benefit, without taking into account the needs of the child.

As evidence, the plaintiff can provide statements from neighbors, checks and receipts.

Other cases of transferring child support to a child’s account:

• the child is in an orphanage or boarding school;
• the minor is under guardianship;
• the child is fully supported by the ex-spouse on the basis of an alimony agreement, and the amount for education is accumulated in the child’s account.

Even if the court has set the maximum amount of deductions (70%), only 50% of the accrued amount can be transferred to the minor’s account.

Source: https://glavny-yurist.ru/alimenty-70-procentov-v-kakih-sluchayah-naznachit-sud.html

Alimony 70 percent - in what cases will the court order

Calculating alimony as a percentage is the most common option for withholding money to provide for a child.

The Family Code specifies the amount of payments; it depends on the number of children: from 25% to 50% of earnings. In some cases, the court may order alimony of 70 percent if there are grounds for this.

Let's consider the circumstances under which the amount of financial assistance to a child will be increased.

Conditions for alimony payments

The main basis for compulsory alimony is evasion of direct parental responsibilities. As a rule, the burden of responsibility for financial support and raising a child falls on the woman. She has the right to sue the father in order to force the draft dodger to support his own children.

There are situations in which both parents do not fulfill their responsibilities. In this case, the initiators of the process of collecting alimony are the guardianship authorities. The court will oblige the mother and father to pay a certain amount for the minor child.

Amount of deductions

The amount of alimony is determined based on several factors. These include: the number of children in need, the level of income of the payer, as well as the presence of arrears in payments. By voluntary agreement between the child’s parents, the amount of alimony can be paid in a fixed form.

In most cases, when assigning alimony, the court is guided by the following data:

• If the payer has official income (salary, fees, income from rental agreements), alimony is withheld in proportion to his earnings: 25% for one child, 33% for two, 50% for three or more children.
• For an unemployed payer, or in case of unstable earnings (income from business activities), alimony is assigned in a fixed amount. These payments must correspond to the child’s minimum subsistence level and satisfy necessary needs.

Federal Law No. 229 “On Enforcement Proceedings”, in particular Article 99, paragraph 3, sets a maximum level of 70% that can be withheld from wages. This percentage of alimony is collected in the case where the payer has allowed arrears in payments to arise.

The court resorts to this exceptional measure only to protect the interests of minor children. The maximum percentage does not apply if alimony is paid to a former spouse or an incapacitated relative. For this category of citizens, the maximum threshold is 50%.

Recovery of 70% of alimony is possible under the following circumstances:

1. Debt on alimony payments. If the payer allowed the accumulation of debts for unjustified reasons, 70% of alimony will be collected from his subsequent earnings, pension, unemployment benefits until the amount is fully repaid.
2. The payer is the parent of three or more children, and one child has a disability. The Family Code requires paying 50% of income for three children. This amount is divided into three equal parts - one for each child. However, if there is a disabled child in the family, financial assistance for his maintenance should be larger. In this case, the court may assign alimony of 70%.

Parents who have entered into a child support agreement can voluntarily determine the amount of benefits in the amount of 70% of the payer’s income. The number of children does not affect this decision.

The agreement is concluded in writing and notarized. Three copies are made, one of which remains with the notary. The second is sent to the employer, who will withhold a percentage from the employee's salary.

Without visiting a notary's office, the document has no legal force.

To draw up an agreement, parents will need:

• Original passports;
• Child's birth document;
• Certificate of marriage or divorce.

The amount of payments may be increased due to moral or physical harm to the health of a child in need. Before making a decision, the judge must make sure that the payer, after collecting alimony, still has the amount necessary for a normal existence. The balance should not be lower than the minimum wage established by law.

Another reason for increasing child support is the deprivation of legal capacity of the parent who lives with the child.

Is maximum alimony legal?

In most cases, payers consider the decision to pay 70% of alimony to be unreasonable. Many of them are trying to appeal the actions of bailiffs. Practice shows that such measures are legal for the gradual write-off of debt and the maintenance of more than three children.

Having received an amount of 30% of earnings, payers try to convict former spouses of illegal actions, as well as bailiffs of exceeding their authority.

Errors in calculations during debt determination cannot be ruled out. Therefore, if a citizen is confident that he is paying alimony in good faith, he should file a complaint with the FSSP.

In addition, you need to study the legislation regulating the procedure and amount of payments. These include:

• Family Code of the Russian Federation;
• Federal Law “On Enforcement Proceedings”.

The payer has the right to familiarize himself with the financial statements of the enterprise regarding the deduction of alimony from his wages. If the calculation was made incorrectly and the funds were overpaid, the damage is compensated by the official who made this error.

It should be remembered that when transferring alimony there are costs. Within three days after receiving the salary, the accountant is obliged to transfer the amount of money to the recipient's account. For any transfer method, bank or postal, a commission is charged.

If alimony was ordered by the court, all additional costs are covered by the payer.

Transfer of alimony to a bank account

Part of the funds can be transferred to the child’s personal account if the payer suspects the recipient of misuse of alimony. To achieve this opportunity, you will need to present to the court the facts of embezzlement of money for the personal needs of the recipient.

The grounds for appeal may be the unlawful lifestyle of the ex-spouse, alcohol abuse, drug abuse. Doubts may arise due to large purchases made on the day of receiving alimony payments.

Evidence may include statements from neighbors, receipts and checks with dates of purchases that are not intended for the child. Also, child support can be transferred to the child’s bank account if he:

• Placed in an orphanage, boarding school;
• Is in the family of a guardian who supports him;
• Fully provided by the ex-spouse under an alimony agreement. The funds transferred by the second parent are accumulated for the child’s further education.

Even with the maximum amount of alimony, up to 50% of the accrual amount can be transferred to the child’s account.

Difficulties in collecting maximum alimony payments

As judicial practice shows, payers try to avoid paying the maximum amount of alimony. They hide their real income and get jobs unofficially.

Refusal to pay for financial assistance does not relieve the parent of the obligation to support the child.

If a large debt accumulates, a malicious evader may be brought to administrative as well as criminal liability.

If the parent is unable to pay child support in the amount of 70% of the salary, the debt can be repaid by seizing securities, real estate, and shares. The debt is transferred from cash equivalent to the cost of housing owned by the payer. An apartment or other space will be awarded to minor children.

Alimony 70% from a small salary

For a payer who has unstable and uneven earnings, the court assigns alimony in a combined form. This can be a fixed amount of money and a share of wages. For example, 1/6 of the official salary and 1/3 of the minimum wage established in the region.

According to the applicants, withholding the amount based on the minimum wage is much more profitable than receiving a percentage from the payer’s small salary.

How to reduce the amount of alimony

Guided by Family Law, the payer can file a claim in court to reduce the amount of alimony. He will need to prove that the debt arose for good reasons.

In what cases is 70 percent alimony reduced to the norm:

• Acquisition by the payer of complete or temporary incapacity;
• Reduction, dismissal, transfer to a low-paid position;
• The payer has disabled close relatives who need his care;
• Force majeure (natural disasters, military conflicts, fires, difficult life circumstances).

If one of the above reasons is confirmed in court, the debt is reduced. In some situations, the payer is completely exempt from paying the debt. Thus, the amount of monthly alimony is reduced.

In order for the claim to be satisfied, the payer must provide sufficient evidence to support his words.

Conclusion

The maximum amount of alimony allowed by law is 70% of wages. The grounds for assigning such an amount may be a large debt in payments, as well as the presence of several needy children, one of whom has a disability. In the event of an unreasonable assignment of maximum alimony, the payer has the right to appeal the court decision.

Question answer

Legal. In accordance with Article 99 of the Federal Law of the Russian Federation “On Enforcement Proceedings”, the amount of deductions for the maintenance of minor children can reach 70%, especially since you have a debt.

You can pay for the maintenance of minor children the amount you consider necessary, but not less than the amount specified in the executive document. We recommend that you keep receipts or receipts.

Source: https://lawinfo24.ru/family/alimenty/alimenty-70-procentov

Alimony 70 percent: in what cases will the court order

Obligations to pay child support are imposed on the parent who evades fulfilling parental obligations to the children.

In most cases, financial support in favor of minors is awarded by the court as a share of earnings. Depending on the number of children, from 25 to 50% of wages are withheld.

But in some cases, the court orders alimony of 70% of income. Therefore, the claimant needs to know the conditions under which such an amount may be subject to withholding.

Registration of alimony maintenance

In accordance with the law, there are 3 ways to formalize alimony obligations for the maintenance of minors:

1. Signing an agreement to pay alimony. If the parents have agreed on the issue of living and financial support for the children, it is recommended to draw up an agreement. It can be issued through a notary. The text of the document defines the methodology for collecting alimony payments, their size and frequency. The agreement is signed at the notary office followed by notarization. Next, the document is submitted to the FSSP to open enforcement proceedings against the debtor and begin withholding alimony.
2. Assignment of alimony maintenance by filing a claim in court. If the parents are unable to reach an agreement, then one of them (most often the mother) has to go to court. During the trial, the court will hear arguments and consider evidence from the parties, after which a decision will be made whether to grant or reject the claim.
3. Obtaining a court order. If the father agrees to provide financial support to minors, but has not yet done so, then the mother only needs to write an application to the magistrate’s court for an order. It has the force of executive documentation. It should be handed over to the bailiffs to begin deducting the required amount of money from the father’s earnings.

Most often, child support for minors is established as a share of earnings or as a fixed amount. Moreover, the amount of financial support depends on the number of children. When using the share method, the amount of deduction will be as follows:

• for one child – 25%;
• for two children – 33%;
• three or more children – 50%.

The fixed amount of alimony depends on the cost of living in the region of residence. For example, 1 or 1.5 subsistence minimums can be assigned to one child. With more children, the amount increases proportionally.

Moreover, each child of a child support obligee has equal rights to receive financial support. The year of birth of the children does not matter. Alimony maintenance is assigned in equal parts to each child.

In most cases, more than half of the alimony worker’s earnings cannot be withheld. In this case, the court does not take into account the number of children, even if there are more than ten of them. This condition is explained by the fact that the father needs money for living and food. But in exceptional cases, the court may decide to withhold 70% of the salary.

When can alimony be increased to 70% of salary?

Lawmakers have set a limit on the percentage that can be withheld from wages. It is 50%. In this case, alimony payments are withheld from all types of income of the person liable for alimony (salary, pension, scholarship, etc.).

In what cases can 70% be deducted from your salary for alimony? In accordance with Art. 99 of the Federal Law of the Russian Federation “On Enforcement Proceedings”, bailiffs can withhold up to 70% of the alimony worker’s earnings when the following situations arise:

1. If a citizen obligated for alimony has accumulated arrears of alimony without a good reason. In this case, the amount of deduction from earnings will be increased to 70% until the alimony debt is fully repaid.
2. If the child support provider has 3 or more children and one of them is assigned a disability group. In most cases, the retention rate is 50%. But if there is a disabled child who requires medication and care, then a large amount is withheld for him. The court will appoint her.
3. Alimony maintenance, amounting to 70% of the salary, can be determined by the terms of the alimony agreement. In this case, the number of children is not taken into account, since the parents determine the amount of financial support independently.
4. An increase in the share of withholding from earnings can be expected if the parent liable for child support caused physical or moral damage to the child.
5. If alimony is paid in a fixed amount.
6. If there are several children from different marriages.

If during court proceedings it is proven that the mother is using the money received as alimony for other purposes, the father will be able to transfer part of the money to a bank account opened in the child’s name.

An increase in the amount of alimony to 70% should be expected if, in addition to alimony obligations, a citizen has other debts. For example, an outstanding bank loan. Moreover, before making a decision, the court will find out how much money the debtor has left and whether it will be enough to live on. A person obligated for alimony cannot be left with an amount that is less than the subsistence minimum for living expenses.

Registration of alimony agreement

To notarize the agreement, parents will need to prepare the following documents:

• civil passports;
• children's birth certificates;
• marriage or divorce certificate.

The most important condition for drawing up an alimony agreement is its voluntariness. But in most situations, inflated alimony payments are the result of the following illegal actions:

• the father does not show his salary level, and alimony is withheld from official earnings;
• the person obligated for alimony evades fulfilling other obligations (money for minors is collected in order of priority);
• the collector blackmailed and threatened the alimony provider in order to increase the amount of alimony support for minors.

If there are children from different marriages

In accordance with the law, the claimant can apply to the magistrate’s court to assign alimony maintenance through a court order. Within 5 days, the court makes a decision, and the applicant receives the necessary document.

In this case, the presence of other alimony obligations will not be taken into account.

Therefore, if an alimony-obligated citizen is already paying alimony, then after the court order gains legal force, the share of withholding from earnings can be 70% or more.

To reduce the amount of withholding, the alimony provider will need:

1. within 10 days after receiving the order, send to the court a written application to withdraw the court document;
2. write an objection to the application;
3. file a claim with the court to reduce the amount of alimony.

Alimony debt

According to the law, more than 50% cannot be withheld from the earnings of one citizen. But if the debtor has not fulfilled his alimony obligations for a certain period of time, the amount of withholding may increase. The bailiffs will begin to collect current alimony payments and arrears from the alimony provider, but not more than 70% of earnings.

Citizens liable for alimony need to know that alimony begins to accrue from the moment an application is submitted to the court. If alimony maintenance is assigned through a claim proceeding, the terms are determined as follows:

• Consideration of a claim may last for 2 months from the date of filing documents with the court;
• 30 days after the court decision is made, it acquires legal significance.

Next, the enforcement documentation is transferred to the bailiffs at the payer’s place of residence. If there are difficulties, initiating enforcement proceedings can take up to 2 months.

Thus, if we sum up all the terms, the payer may have a debt of 5 months. Therefore, to eliminate it, alimony will be withheld at 70%.

After the debt is repaid, only current payments will be collected from earnings.

Alimony in a fixed amount

In most cases, courts award alimony in proportion to earnings. But at the request of the plaintiff, a fixed monthly payment may be assigned. This type of alimony is used if:

• the payer is employed in seasonal and temporary work;
• father works as an individual entrepreneur;
• wages are paid in the currency of a foreign country;
• The payer's earnings are piecework.

When assigning a fixed payment, the amount of alimony maintenance is tied to the level of the subsistence level in the subject of residence. Due to the variability of earnings in certain months, the amount of alimony withheld can reach 70 percent or more.

Legality of deduction of 70% of earnings

Alimony providers often express disagreement with increasing the withholding percentage to 70%. Citizens are trying to appeal the actions of bailiffs and return overpaid amounts. But the actions of the bailiffs have legal grounds, especially if it is necessary:

• gradually pay off the alimony debt accumulated by the father during the period of non-payment;
• provide financial resources for the maintenance of children and an ex-wife who is on leave to care for a child until he reaches 3 years of age.

But if the alimony obligations were fulfilled by the father on time, then if the percentage of withholding increases, it is worth finding out the reasons. Errors by an accountant or bailiff cannot be ruled out. It is necessary to contact them and resolve the issue.

To ensure that the calculations are correct, a citizen liable for alimony can check the accounting records for payroll calculation and deduction from it.

If errors are discovered, the alimony provider may demand reimbursement of the excess amount withheld. Compensation is paid by the employee of the organization who committed the mistake.

But it is worth considering that commissions and postal fees for transferring funds for a minor are paid at the expense of the person obligated for child support.

If the alimony holder has legal grounds for reducing the amount of alimony, then he should contact the magistrates’ court. The payer will be able to achieve a reduction in child support from 70% to an amount corresponding to the number of children or a complete cancellation of child support.

Cancellation of alimony in the amount of 70%

The payer can apply for a reduction in the amount of alimony support only if the debt arose through no fault of his own.

For example, if the alimony debt has accumulated due to the occurrence of one of the following situations:

• the person obligated for alimony has other dependents (elderly parents, a child in a new family, etc.) and the income does not allow him to provide the proper level of maintenance;
• long-term serious illness (hospital stay, expensive therapy, registration of a disability group);
• layoff of a citizen or dismissal from work at the initiative of the employer;
• circumstances whose occurrence cannot be predicted (the outbreak of hostilities, natural disasters, floods, robbery, and so on).

If one of the listed circumstances occurs, the citizen liable for alimony is recommended to file a claim in the magistrate’s court for a reduction in the alimony allowance or its complete cancellation.

Thus, the payer will not be able to challenge alimony payments in the amount of 70% only if the debt on them is withheld simultaneously with the current alimony. In other situations, a citizen liable for alimony will be able to go to court to reduce the amount of alimony support. If the situation is complicated, it is better to seek legal help.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Source: https://pravovoiexpert.ru/alimenty/alimenty-70-procentov/