Alimony from a military serviceman under a contract, from a pension

Withholding and payment of alimony benefits is possible if the following conditions are met:

1. One of the parents no longer lives with the minor child.
2. The child support provider is a blood parent or has received such status through the adoption procedure.
3. The child support provider does not want to voluntarily provide for his child.

If such conditions exist, then the fact that the income of the alimony holder is generated does not matter. Even the absence of official income cannot relieve a parent from fulfilling obligations and financially supporting their child. And if there is such income, then the obligation to pay cannot be canceled.

When deciding whether alimony allowance can be withheld in a particular case, it is necessary to review the list of income from which payments in favor of minors must be withheld.

This list includes:

1. All types of salaries.
2. Supplements to wages, permanent or temporary.
3. Scholarship payments to students of universities and other educational institutions.
4. Benefits paid to the unemployed.
5. Compensation amounts paid upon receipt of disability.
6. Pension accruals, with all additional payments, allowances and coefficients.

As can be seen from the above list, alimony from a military personnel is collected at the official level.

Alimony from military pensions

Military personnel retire quite early. This is due to the risks that haunt them when fulfilling their duty and purely physical indicators. Therefore, many military pensioners, upon retirement, must support their minor children for several years.

The presence of pension payments allows you to pay child support as a percentage. According to the legislation of the Russian Federation, this percentage is equal to:

1. 25% if the former military member has one needy minor dependent.
2. The pensioner will have to give 33% to his two children.
3. 50% is allocated to military pensioners and three children. If their number exceeds the number three, then the percentage cannot increase any further.

Usually, alimony from a military personnel’s pension is taken as a percentage.

If the court previously established a different payment procedure, for example, a fixed amount of payments was established, then upon reaching retirement age you can file a petition to review the previously specified amounts.

You will have to pay child support until:

1. A dependent's coming of age.
2. Death of the recipient.
3. Death of the payer.

It is also possible for the parties to reach an agreement to stop payments.

Ways to receive alimony from military pensioners

Alimony from the Ministry of Internal Affairs pension is collected according to the same schedules and standards as for other Russian citizens. According to current laws, payments made by the alimony holder voluntarily, without a writ of execution and the necessary recording, are not considered alimony.

If the payer voluntarily gives certain amounts to his minor regularly, participates in his upbringing, and helps resolve situations that have arisen, then he fulfills his parental duty.

But this state of affairs is extremely rare and more often one has to resort to more official measures to collect financial assistance.

In Russia, it is allowed to receive benefits for a minor child in the following ways:

Having concluded a settlement alimony agreement

This document is voluntary, it has an official, but more lenient, order compared to a court decision.

Resorting to litigation

This measure is coercive in nature and is most often resorted to if it is impossible to reach an agreement on payments peacefully.

The result of any procedure performed is the receipt of an official document that will help withhold benefits from the alimony payer.

According to the alimony agreement

Entering into a settlement agreement is the wisest decision parents can make after ceasing to live together. To compile it you will need:

1. The desire of the father and mother to solve the problem peacefully.
2. Reaching a general agreement on all points of the agreement.
3. Establishing the amount of penalties corresponding to the legal threshold.

To sign the agreement, parents will need:

1. Draw up a draft of the document itself. You can use a sample of a ready-made form as a basis, or you can turn to a lawyer for help.
2. Collect the documents necessary for further registration.
3. Pay the state fee for notarization of the document.
4. Make an appointment with a notary at a conveniently located office. It doesn't matter if it's a government agency or a private one.
5. After the notary checks all points of the agreement for compliance and certifies the paper, it acquires legal weight.

One of the advantages of this method of receiving alimony is the fact that parents can agree among themselves on the amount of payments and their regularity. Of course, this requires mutual understanding.

Some alimony providers agree to make payments once a quarter or even once a year, and sometimes the ex-husband and wife can agree on a lump sum payment or a deed of gift for some property.

This can be done, but only in the name of the dependent and with mandatory registration of the procedure.

By the tribunal's decision

• In contrast to a voluntary agreement, the courts are guided when assigning alimony benefits more by the needs of minors, the capabilities of the payer, but not at all by his desires.
• If the alimony provider has no desire to help his child, the second parent who lives with the minor may appeal to the court.
• To begin legal proceedings you will need:

1. Write a petition regarding the appointment and further collection of alimony payments from the defendant. The claim should be filed in the magistrates or district court. The choice of authority depends on the amount of claims.
2. Complete the required package of documentary evidence. 
3. Register the collected materials with the court secretariat.
4. Wait until a review date is set.
5. Appear in the courtroom at the appointed time and confirm the stated requirements.
6. Receive the judge's decision in paper form. 

The issued enforcement order allows it to be used in various ways, but the result in any case is the receipt of benefits.

Amount of alimony by court decision

Is alimony deducted from a military personnel pension? The answer is clear - yes, without fail. But their size is determined solely by law and depends on two main indicators:

• needs of the minor,
• the amount of pension benefits.

When withholding alimony for a minor, the accountant needs to know from which income the assigned amount can be calculated and from which it is prohibited.

Let's start with the fact that the benefit can be taken as a percentage of what you receive or as a fixed amount tied to the cost of living in the region. As mentioned earlier, most often alimony from a pension is withheld as a percentage, but if for some reason this amount was fixed, then when deducting it, no attention is paid to the source of the monthly pension payment.

If the calculation is in percentages, then they are taken from the amount:

1. Insurance pension.
2. Various pension benefits.
3. Bonuses paid monthly, quarterly or annually in addition to the assigned pension benefit.

An exception to the withholding of alimony payments are amounts calculated as:

1. Health compensation.
2. State-level benefits to support victims of natural and emergency situations.
3. Funeral payments.
4. One-time assistance to support families in special situations.

Typically, the deduction of alimony from pensions is fairly uniform, since the benefit itself is relatively stable.

The procedure for collecting alimony

We have figured out whether alimony is paid from a pension, but an important point remains the methods and procedure for collecting these payments.

The alimony recipient has the right to use one of the three proposed options:

1. Present the received executive document to the Pension Fund at the place of registration of the payer. There, based on it, monthly deductions will be made, which will be transferred to the specified bank account of the recipient.
2. Start enforcement proceedings in the FSSP. To do this, within three years after the decision is issued, you must contact the bailiff service and write an application to begin the proceedings.
3. Leave the document without movement if the alimony payer is ready to make the necessary monthly payments himself. It is better to do this officially by post or by transfer to the recipient’s bank account.

Any method initially selected can be changed later.

Source: http://mojurist.ru/alimenty/vidy/pensii-voennosluzhashhego/

Collection of alimony from a military pension, nuances of the procedure

The legislation of the Russian Federation provides special protection for the rights of children. Therefore, parents are obliged to support their minor children, regardless of their status. Whether it is a deputy, a military man or another official, everyone is obliged to fulfill the duty of a parent regarding the maintenance of children.

It is worth considering that position or title does not have any influence on the amount of alimony. Very often, alimony payers who are going to collect payments from their pensions try to challenge such a decision.

Further in the article we will consider the question of whether it is possible to legally collect alimony from a military pension, how this procedure occurs, and who has the right to claim such payments.

Nuances related to military pensions

The question of whether alimony is taken from a military personnel’s pension can be heard quite often. To sort this out, it is worth determining who is entitled to receive such payments. People working in the Armed Forces of the Russian Federation, customs, the Ministry of Internal Affairs, the Civil Defense, the FSB and other similar structures have the right to receive a military pension.

Military personnel can receive pensioner status from the age of 35. In this case, there is such a thing as preferential service. This includes the period of service spent in:

• conditions of military operations in which the serviceman participated;
• high mountain regions;
• conditions for testing nuclear weapons;
• emergency response conditions.

If a military man becomes disabled during his service, he also has the right to receive a pension. But even with this payment option, the obligation to support children is not canceled.

Military pensioners have the right to get a job in any position in parallel with how they receive a pension due to having a certain status. In this case, child support will be deducted from both wages and pensions.

How is a pension calculated?

Alimony from a military pension is calculated in the same way as from a regular salary. For one child you must pay 25% of the payments. Alimony from a military pension for two children is paid in the amount of 33% of the total amount, and for three or more children - 50%.

Also, payments for children can be deducted in the amount of a fixed monetary amount, which will depend on the region of residence of the family.

It is worth considering that the amount of alimony from a military personnel pension will depend on the following factors:

• the amount of military benefits;
• availability of other sources of income;
• stability of receiving funds.

The amount of alimony may change due to changes in any of the above factors.

What laws govern this situation?

The answer to the question of whether alimony is taken from a military personnel’s pension can be found in Article 82 of the Family Code of the Russian Federation. Government Decree No. 841 specifies payments that can be used as a base for alimony.

The procedure for collecting alimony from a military personnel

Alimony payments from a military personnel pension are withheld according to the same procedure as from regular alimony payers. The reasons for deducting such payments are the following documents:

• performance list;
• court order;
• an agreement between the child’s parents, which is notarized.

Collection of alimony by court order

Alimony from a military personnel pension can be recovered in court. This is appropriate in the case where one of the parents shirks his responsibilities regarding the maintenance of the child. Also, disabled children who have reached the age of majority have the right to recover child support from their parents.

Read also: Air tickets for pensioners: buy at a reduced price, cheap

Alimony from a military pension will be collected by the court in the amount of a certain share of official income. The writ of execution obtained in court must be presented to the Ministry of Defense, which is responsible for providing military pensions. They will also carry out the procedure for collecting alimony.

People who go to court with similar tasks very often have the following questions:

• whether alimony is calculated from a military man’s pension in court if he gets a job;
• Is alimony paid from a military pension if the children were shared by ex-spouses?

In the first situation, alimony will be deducted from the salary and all other cash receipts that the military receives.

In the second situation, the court will determine the amount of alimony to be paid for each of the parents in a fixed amount. The alimony payer will be the one who has a better financial situation.

To determine the amount of alimony, the court will take into account the following information:

• salary amount;
• availability of property that can be recovered if necessary;
• the child has his own sources of income.

How to draw up an agreement between parents

An agreement between parents regarding the general conditions of child support is drawn up in writing, in the presence of two parents and a notary.

In such a document, mom and dad must come to a common agreement on the amount of payments for the child, their frequency and method of transferring money.

Also, when drawing up an agreement, it is necessary to take into account the norms that are prescribed in Chapter 16 of the Family Code of the Russian Federation. If the child is 14 years old, he or she can draw up the agreement, subject to consent from the other parent.

Alimony under the agreement cannot be less than the amount that the court could establish. In addition to the monetary payment, the alimony payer can provide his property for use.

The agreement between the parents can also be terminated or its terms changed if signed by a notary. The reason for termination of such an agreement may be the cohabitation of the former spouses. The terms of the agreement can be changed if, for example, the size of the military pension has increased.

An agreement between parents regarding child support is an executive document, the terms of which must be fulfilled. If one of the parents evades his responsibilities in accordance with this document, the second can apply to the FSSP of Russia to collect debt for unpaid alimony.

What other income can alimony be collected from?

Alimony is deducted from a serviceman's pension without fail, but not only from it. According to paragraph 3 of Government Resolution No. 841, alimony can be recovered from:

• additional payments for length of service;
• rewards for having titles and positions;
• for having academic degrees.

Also, upon dismissal, a serviceman is obliged to pay alimony from his severance pay.

Also, when collecting alimony, one-time payments to the military and social payments are taken into account due to the harsh conditions during military service.

It is worth considering that the court’s decision on the amount of alimony may not be final. If one of the parties, the recipient or the alimony payer, does not agree with the decision made, they have the right to file a lawsuit regarding this matter in court.

For example, if the alimony payer’s income has officially decreased, he has the right to ask for a reduction in the amount of alimony.

He also has the opportunity to file a claim for a reduction in the amount of alimony if the second parent’s financial situation has improved.

If a parent who supports a child wants to file a claim for an increase in the amount of alimony, he must provide evidence of a deterioration in his financial situation or an increase in his spouse’s military pension.

It is worth considering that if the alimony payer has children from another marriage, he also has the right to file a claim to reduce alimony payments for one child. The same situation will arise if a military pensioner takes a disabled person under his guardianship. According to the law, the amount of all alimony cannot exceed 50% of the income of the alimony payer.

Who can receive alimony from a military personnel pension?

According to Chapters 13 and 14 of the Family Code of the Russian Federation, alimony from a military personnel pension is withheld for the following circle of persons:

• disabled children over 18 years of age;
• minor children;
• spouses who do not have the opportunity to support themselves and work;
• spouses caring for a disabled child;
• spouses who retired no later than 5 years after the dissolution of a long marriage;
• spouses who have lost the opportunity to earn money while married or within 5 years after its dissolution.

In practice, there are many cases when alimony is received not only by minor children, but also by ex-wives.

In what situations can alimony payments stop?

According to Article 120 of the Family Code of the Russian Federation, alimony payments may be terminated in the following situations:

• the child has become an adult or has acquired full legal capacity;
• when the responsibility for maintenance passed to the child’s adoptive parent;
• if the child’s ability to work has been restored;
• death of the alimony payer or payee.

There are also cases in which the payer can independently file a claim to stop the collection of alimony from his income. To do this, he must present the following documents:

• a document confirming the status of a disabled person;
• a certificate stating that the payer or his relative is seriously ill and needs a lot of money for treatment;
• certificate of the appearance of a new alimony payer and the transfer of responsibilities to him;
• a document confirming the presence of other persons dependent on the debtor.

After such cases and documents are considered in court, alimony payments may cease to be collected or their amount may be reduced.

What does alimony arrears and collection for the past period mean?

There are situations when the alimony payer has retired, but shirks his financial responsibilities to the child. In this case, unpaid alimony from the military pension forms a debt.

In order to collect this debt, the injured parent must go to court. He can also demand payment of debts for the previous period no more than three years before filing a claim in court.

For the accumulation of such debt, you can also demand payment of a penalty in the amount of 0.5% of the debt amount. To do this, you must file a separate lawsuit in court.

In order to demand payment of child support debt for the past period, it is necessary to provide evidence that the parent independently tried to collect child support through legal means.

Alimony from a military pension without registration

Is alimony paid from a military pension when the pensioner does not have a place of registration - this is also a frequently asked question. Here, most often, the other parent contacts the relevant authorities to search for the alimony payer and his property. There is also a chance to contact the Pension Fund of Russia with a writ of execution and an application.

As a result, alimony from a military pension can be collected in the same manner as from ordinary alimony payers.

They are obliged to fulfill their parental duty regarding the financial support of a minor child on an equal basis with other parents. The law provides for types of pensions when alimony cannot be recovered.

There are also reasons why the amount of alimony may be increased or decreased, or in some cases, this obligation for the alimony payer may be terminated altogether.

Source: https://rualimenty.ru/kak-vzyskat-alimenty-s-voennoj-pensii/

Alimony from a military serviceman under a contract, from a pension

Alimony is a monthly payment for a child, which one
of the spouses is obliged to transfer to the other for the maintenance of common children.

The state
obliges all persons with minor children to provide for them
financially. People in uniform are no exception.

Many people ask:
is it possible to withhold alimony from a military personnel?
The answer is definitely positive.
Let's figure out from what income alimony can be withheld.

The income of a military personnel that forms the basis for alimony payments

People in uniform often find themselves “on the radar” of bailiffs. And it’s not about any moral qualities, it’s just that military men, like everyone else, start families, get married and get divorced.

Alimony can be awarded both during marriage and after its dissolution. A military uniform does not relieve a citizen of responsibility.

Contract servicemen and military retirees are required to support their children.

According to Resolution No. 841 of July 18, 1996, alimony is collected from all income of military personnel, except for those included in the list of exceptions.

This means that a military man’s salary, his pension and other income are the basis for deducting benefits in favor of minors.

Moreover, if alimony was assigned in the form of a fixed amount, it will be deducted from the salary.

And if the amount was assigned as a percentage, then for one child the serviceman will pay a quarter of the amount of all his income. The bailiffs will rely on the court order.

Pensions for military personnel are sometimes granted at a young age, even before
the age of 40.
Therefore, the question of collecting alimony from a military personnel often arises.

Download a sample application for alimony in a fixed amount. [38.00 KB]

Income that cannot serve as a basis for calculating alimony

The law provides for a number of payments from the state, which belong entirely to the citizen.

Alimony is not collected from these payments, and they are not taken into account when calculating the average monthly income of a citizen to determine the amount of alimony.

• All payments assigned for specific
  hours worked, according to the tariff.
  These are overtime, non-cash payments, a percentage of revenue, etc.
• Hours worked as a substitute.
• With bonuses and fees.
• From payments for an academic degree, title, length of service
  , etc.
• With payments for difficult and harmful working conditions.
• Classroom management fees for teachers.
• With payments to medical workers for certain
  duties.
• Funds received to compensate for damage
  to health due to injuries at work.
• Money paid to families whose property
  was damaged by natural disasters.
• Survivor's pensions.
• From maternal capital.

A detailed list of points is contained in Articles 101 and 446 of the Code of Civil Procedure.

How to get alimony from a military pensioner or contract soldier

The procedure does not differ from the standard one.
There are two ways to receive alimony.

Agreement

To receive alimony from a serviceman’s pension, you must draw up an agreement with him and have it certified by a notary.

Without the latter, the paper cannot come into force and is not a legally significant document. It's the same as a verbal agreement.

The notary's seal turns the agreement into a document that obliges the other party to pay a certain amount of money monthly for the maintenance of children.

If the agreement is not respected, you can go to court with it, and then the bailiff service will deal with the collection of funds.

Important! A notarized agreement will give the right to collect alimony not from the date of the verdict, but from the day the agreement is signed. The debtor will pay alimony for all overdue months.

Agreement on children in case of divorce. [14.54 KB]

Alimony in a fixed amount: judicial practice.

Read also: Distribution of children in kindergarten: enrollment of a child in 2020-2021

Lawsuit

The second way to obtain alimony from a military member is to file a lawsuit. The claim is drawn up according to the sample.

A claim in court for the recovery of alimony. [39.00 KB]

It is more common to apply for alimony during a divorce, but this is not at all necessary. Until children turn 18, both parents are required to support them.

You can apply for child support at any time until your children reach adulthood, regardless of their marital status.

You will have to pay for a lawsuit: state duty 150 rubles . is paid immediately, and later this amount will simply be added to the amount of alimony. The state will oblige the alimony payer to return the state duty.

It makes no difference what type of activity the child’s father is engaged in. The collection of alimony from a military personnel will be the concern of bailiffs.

As mentioned above, both a pension and a military salary are types of earnings from which alimony will be calculated.

How to sue for child support: through State Services.

In what cases does a serviceman stop paying alimony?

Another common question that needs to be addressed. If a service member is injured while on duty, benefits may be reduced or stopped while he recovers.

The basis for this will be a medical certificate of incapacity for work.

Transferred benefits that a serviceman will receive for injuries in service are included in the list of exceptions: alimony is not calculated from them.

If the injury or illness is not related to work, then deductions will be made from sick leave.

In general, military personnel are fully supported by the state, have many privileges, and are socially protected.

They have fairly large pensions, impressive additional payments, benefits and allowances. Therefore, sickness benefits are usually reduced, but nothing more.

The basis for complete termination of alimony payments is the death of a child, adoption by another person, or reaching the age of majority. The state does not provide for other aspects.

Conclusion

Child support from a military member is calculated in the same way as from any other citizen. There are no privileges here: everyone is obliged to support their children. Including defenders of the state.

Deductions will be made both from the serviceman’s pension and from the contract worker’s salary.

The procedure for assigning payments is also standard: drawing up an agreement, or legal action. Remember to have the agreement notarized.

Source: https://pravasemei.ru/alimenty/alimenty-s-voennosluzhashhego/

Alimony from military personnel: legal features of collection

Although alimony from a military personnel is calculated in the same manner as from other citizens, the system of remuneration for military personnel is slightly different. If alimony obligations are established by the court, then the money on the basis of the writ of execution is withheld and transferred by the accountant of the military unit. If the payment procedure is determined by the alimony agreement, then a conscientious serviceman will independently transfer the money to the child. Let's consider the procedure for withholding alimony from the military.

The procedure for collecting alimony from military personnel

Money in favor of alimony obligations is withheld from military personnel serving under a contract, conscripts, military personnel dismissed due to the liquidation or reorganization of a military unit (from severance pay), military pensioners and other persons with military status.

From employees of the Ministry of Internal Affairs, fire, customs service and drug control agency, alimony payments are withheld from the official salary, salary due for rank, additional payment for length of service and other payments due to the employee.

Alimony payments from all military personnel are calculated monthly and transferred to the claimant’s account within three days after the end of the billing period. Payments for alimony obligations are withheld from the military’s official income. The collection procedure depends on whether the serviceman agrees to voluntarily pay alimony.

There are two procedures for collecting alimony:

• Voluntary agreement. If an agreement on the payment of alimony has been concluded with the second parent, the serviceman himself can submit an application for the withholding of part of the income determined by the agreement to the accounting department.
• Executive document. If the military man does not agree to pay alimony, then the claimant has the right to file a claim in court to assign alimony obligations. The court will make an appropriate decision and issue a writ of execution or a court order. This document is provided directly at the payer’s place of work or through the bailiff service.

In case of dismissal, citizens equated to military personnel receive a lump sum benefit, from which alimony is deducted. Payments are also deducted from monthly bonuses and other incentives. Upon retirement due to length of service, alimony is paid by the Russian Pension Fund.

Income of military personnel

Pay for those serving in the military differs from other civilian employees. Instead of wages, military personnel receive monetary allowances. Payments are made from the budget of the Ministry of Defense of the Russian Federation.

A serviceman's salary consists of:

• payment for the position held;
• payment for military rank;
• various bonuses (for conditions of service, for class, for dangerous working conditions, for length of service, for maintaining state secrets, for awards).

The full salary is formed from payments for the position and assigned rank.

In addition to basic payments, military personnel are entitled to financial assistance and bonuses. Bonuses are usually awarded before a vacation, at the end of the working year, or on the occasion of a holiday or other significant event.

Financial assistance is issued upon receipt of a report from a serviceman. It is accrued due to personal circumstances, such as:

• changing of the living place;
• official transfer to another region;
• birth of a child;
• graduation from a higher educational institution;
• marriage.

If an employee is assigned the duties of an absent military personnel, on the basis of the relevant order, an additional payment is made for combining positions.

From what income of military personnel is alimony deducted?

The list of income from which alimony payments are allowed to be withheld is listed in Government Decree No. 841 of 1996. Alimony from a military personnel is withheld from the official salary, which includes payment for the position and rank, as well as from allowances:

• for professional excellence;
• for class;
• for length of service;
• for maintaining state secrets;
• for having awards;
• for complexity and tension;
• for service in difficult climatic conditions;
• for having an academic degree or title;
• for proficiency in a foreign language, if the position includes such responsibilities.

Alimony payments are withheld from payment for work at night, holidays and while on a business trip. A certificate of incapacity for work also requires the withholding of alimony, as does severance pay upon dismissal of a military man.

From what income of military personnel is alimony not withheld?

Government Decree No. 841 also contains a list of income from which alimony cannot be withheld. The list is duplicated in Article 101 of the Federal Law “On Enforcement Proceedings”. Types of income of military personnel from which alimony payments are not withheld:

• compensation for causing moral damage or physical harm of varying severity;
• reimbursement of expenses incurred by a military personnel for a business trip or transfer;
• financial assistance for the birth of a child, marriage, operations with a risk to life, etc.;
• funds from maternity capital.

If the main part of a serviceman’s income consists of compensation for expenses incurred by the employee or one-time financial assistance, then alimony payments will not be withheld from this part.

Alimony from military pension

A special feature of military service is the possibility of retirement based on length of service. Training is also equivalent to length of service, so a soldier can retire even at 30 years old.

The following periods are taken into account when calculating length of service:

• hostilities;
• interaction with nuclear weapons;
• eliminating the consequences of a man-made disaster;
• service as a pilot, parachute jumping;
• work in high mountain areas.

The pension is assigned not only based on length of service, but also in the event of the loss of a breadwinner or disability. After retiring from military service, the alimony provider will continue to pay money for child support. But from a survivor's pension, alimony payments are not withheld.

Amount of alimony payments

Alimony obligations of military personnel are in shared form. The maximum amount of deductions is 70% of income. The amount is determined in the magistrate's court, and can also be changed in the future at the request of the parties.

The amount of the monthly payment is determined by the court based on the following circumstances:

• financial situation of the parties;
• family composition;
• health and personal circumstances;
• other reasons.

In the event that a military man has another child in another marriage, the amount of alimony payments for the first child may be reduced by a court decision.

According to family law, children from different marital relationships must receive at least 16.5% of alimony from a serviceman’s income. It is possible to change the percentage, but only in exceptional cases and by court decision.

Child support calculator

Procedure for terminating alimony obligations

Reasons why the obligation to pay alimony may be terminated by agreement:

• death of one of the parties - either the payer or the child receiving alimony);
• expiration of the period of validity of the alimony agreement;
• the occurrence of other grounds provided for in the document (for example, the child’s graduation from a higher educational institution).

Alimony obligations assigned in court may be terminated in the following cases:

• the child reaches adulthood;
• acquisition of legal capacity by a child under 18 years of age;
• adoption of a child by another person;
• the court has recognized the fact that the recipient of alimony is able to work or lacks the need for material support;
• entering into a new marriage by a disabled spouse;
• death of one of the parties.

Source: https://lawinfo24.ru/family/alimenty/alimenty-s-voennosluzhashhego

Alimony from military pensions, how to collect money from a military pensioner for child support

The responsibility to support their own children is borne by persons with different social status and financial situation, including people in uniform. They have several sources of financial support. Therefore, many recipients of payments are interested in whether alimony is withheld from military pensions?

In some respects, the laws on the procedure for performing military service have rules that are incomprehensible to the average person. The above also applies to the types of cash payments from which alimony can be received. Let's look at everything in more detail in this article.

It should be taken into account that a pension for a military personnel can be assigned at a relatively young age, up to 40 years, when the person is still working. In this regard, the issue of receiving alimony from a military pensioner is relevant. What do you need to remember?

Payment of alimony by military personnel: legislative regulation

The legal basis for transferring alimony not only in favor of the child, but also other close relatives is established by the Russian Family Code. This document defines the forms of payments, the procedure for their withholding, and forced collection.

It is important to have an idea of ​​what kind of military income is covered by alimony payments. Here it is necessary to be guided by government decree No. 841 of July 18, 1996.

Clause 3 states that the object of deductions is salary, allowance and other permanent payments due to military personnel.

A separate list of income from which debts (including alimony) cannot be withheld is given in Art. 101 Federal Law “On Enforcement Proceedings”.

When it comes to foreclosure on property to pay off debt, an amendment to Art. 446 Code of Civil Procedure of the Russian Federation.

The collection of alimony from a military personnel follows a standard procedure. If we are talking about wages or other payments, the writ of execution (court order) is transferred to the accounting department of the military unit to which the debtor is assigned. This also applies to situations where alimony is withheld from a serviceman under a contract.

Read also: Child custody: from an orphanage, payments, disabled

As for pensions, Art. 98 of the Federal Law “On Enforcement Proceedings” states that the obligation to make contributions lies with the organization (institution) paying income to the debtor. Consequently, deductions will be made by the Pension Fund body served by the military.

For your information! You need to understand that we are talking about means that are the object of attention within the framework of enforcement proceedings. If alimony payments are not allowed from them by government decree, the debt is collected from other sources.

Is it possible to receive child support from a military personnel pension?

Ex-wives are interested in whether alimony is withheld from military pensions? It must be assumed that there are several types of payments assigned to the military. The standard pension is subject to alimony collection. Its size doesn't matter.

In certain situations, a citizen may qualify for additional payments due to the loss of a breadwinner (provided that the military man was a dependent). Such money is not taken into account when deducting alimony (clause 10 of Article 101 of the Federal Law “On Enforcement Proceedings”).

Military personnel may be injured due to participation in hostilities. According to the law, they are entitled to assistance from the state. It is also not a basis for the bailiffs to withhold alimony. But this does not mean that the debt will not be claimed from other sources.

A military man in service can sell property he does not need (country real estate, vehicles, land). When a transaction is one-time in nature, it is not included in income. Accordingly, alimony cannot be recovered from these funds.

From what income is maintenance paid?

The law states that alimony is withheld from most periodic payments due to a military personnel. This includes salary (including contract remuneration), bonuses for ranks, and other types of compensation.

Pensions paid due to age and in connection with the performance of military duties by a citizen are also included in the range of income not exempt from alimony. Deductions from such payments are made on a general basis.

If a military pensioner went into the reserve and started a business, alimony is paid from the income received from the business. It is defined as the difference between revenue and costs of running your own business.

Working military pensioner

Alimony is withheld both from payments related to wages and from the pension received. However, not all funds provided by a military unit are subject to deduction. For example, what has been said concerns money allocated for a business trip.

For a military pensioner who works, alimony is withheld in two places. At the place of work (service), the accounting department is responsible for translations. In terms of pensions, actions regarding payments are carried out by the Pension Fund body.

When funds for child support are sent from both salary and pension, the final amount may worsen the financial situation of the payer. Therefore, he has the right to initiate a reduction in alimony.

Ways to receive alimony from military pensioners

There are several options for legally securing alimony obligations. The specific way to solve the problem depends on the relationships between people and the remoteness of their residence.

And also for many, the readiness to defend their own rights in court is important. Depending on this, the order of further actions is determined.

Let's look at two main ways to receive payments from military pensioners. Each of them has its own advantages and disadvantages.

Agreement with a notary on alimony

The possibility of signing it is provided for by Chapter 16 of the Family Code. Agreements on child support between parents are always sealed by a notary. Otherwise, the deal does not gain legal force.

When a concluded agreement is ignored, you can immediately turn to bailiffs for help. An interim court decision or writ of execution is not required.

The disadvantages of the agreement include the fact that adjustments to it will also have to be made by a notary. And this will result in additional costs for the child’s parents.

By the tribunal's decision

If it was not possible to agree on payments voluntarily, the only option would be to contact the magistrate in the defendant’s territory of residence or at the claimant’s registered address. Depending on the form in which alimony is planned to be received in the future, a claim or application for a court order is written.

A statement of claim should be filed when alimony is planned to be collected in a predetermined amount. However, the magistrate's court will still consider the case.

A court order is issued based on deductions as a percentage of income. At the same time, in the future it will replace the writ of execution.

For your information! The state duty for alimony is 300 rubles. However, you do not need to enter it when going to court. The Tax Code establishes benefits when going to court in this category of cases.

What amount do you receive?

The amount of deductions depends on many factors. These include the number of children in need of support, the composition and amount of the serviceman’s income.

If there is an agreement on the payment of alimony, the amount specified in it takes precedence over family law. The main thing is that the child’s situation does not worsen.

When assigning alimony, the court may also take into account the financial situation and state of health. The latter circumstance is especially relevant in relation to persons who were wounded or maimed during hostilities.

Percentage

With this option, alimony is collected in the case where there is specific information about the size of the serviceman’s pension. The deduction threshold is no different from other categories of payers.

A quarter of the income is withheld for one child. When two children need support, the maximum deduction threshold is at the level of 1/3.

For large families, the limit is set at half of the income. All figures must be reflected in the court order.

In a fixed amount

At the moment, the legislator has not prescribed the minimum and maximum amount of alimony in the Family Code. Only a link has been made to the cost of living. For each region of the Russian Federation, it may differ depending on the demographic situation, climatic conditions, and price levels.

In a claim for alimony, the desired monthly amount is written together with its simultaneous relationship with the subsistence level. When it increases, payments are indexed.

The plaintiff is free to determine the amount required for the child. But the final word will still be up to the court.

Example of calculation of collected funds

Let's say a military man receives a pension of 50 thousand rubles. He has no other means of livelihood. If only one child is supported, 12 and a half thousand rubles will be spent on alimony.

This money will be transferred by the Pension Fund body on the basis of a court order. With more children, the amount will increase accordingly.

In the case where alimony is assigned in a fixed amount, no special problems arise. All deductions are documented.

Changing the amount of alimony

This step is permissible in a situation where payments are of a fixed amount. Moreover, the law allows them to be reviewed through the court, both up and down. Accordingly, the author of the claim is both the payer and the recipient of funds.

The reason for increasing alimony may be a deterioration in the financial situation of the person who is supporting the child. A change in the amount is also allowed when a serviceman conceals his actual financial condition.

In turn, a reduction in payments is possible due to a deterioration in the debtor’s health or a change in his family status. When making a decision, the court is obliged to evaluate all the circumstances in their entirety.

In what cases do payments stop?

There are several situations when a person’s obligation to pay alimony ceases. They are spelled out in Art. 120 IC RF.

Here are the most common reasons for termination of legal relations :

• death of the child or child support payer;
• adoption of a son (daughter) by a third party;
• the child reaches adulthood.

Child support transfers also end when children receive full legal capacity before they officially reach adulthood. This happens after marriage or after receiving emancipation status through the courts.

To free himself from alimony obligations, the payer can file a corresponding claim in court. The resulting decision is passed on to the bailiffs. Based on it, they close the enforcement proceedings.

If the money was paid under an agreement certified by a notary, the obligations terminate upon the expiration of its validity. The above also applies to cases of death of one of the parties to the agreement.

Possible liability for failure to pay child support

In accordance with current legislation, a military personnel has the same obligations to make payments in favor of a child as other citizens. Accordingly, the penalties for ignoring payments are the same.

Provided that alimony is not paid intentionally for two or more months from the date of commencement of enforcement proceedings, the risk of administrative punishment increases.

The sanctions for the debtor are prescribed in Part 1 of Art. 5.35.1 Code of Administrative Offences. If there are no results from the measures taken, criminal liability arises in accordance with Article 157 of the Criminal Code of the Russian Federation.

At the same time, financial leverage is provided for influencing the defaulter. They consist in the collection of a penalty defined in Article 115 of the RF IC. Since August 2018, its amount has been 0.1% for each day of delay in payment.

Finally, when the debtor belongs to the category of car enthusiasts, the bailiffs have the right to restrict him from driving the car. This requires that the accumulated amount of alimony debt exceed 10 thousand rubles.

For your information! Bailiffs have the right to initiate administrative proceedings or criminal proceedings against a citizen regarding alimony payments. Therefore, the recipient of funds must contact them.

Recommendations of a former military spouse when collecting alimony

Many women face difficulties in obtaining funds for a child after the divorce of a military personnel. Despite the fact that the legislation describes the procedure relatively clearly, in practice everything is not so simple.

Below are some tips that are designed to help you obtain alimony.

List of main recommendations:

1. Before filing a claim, it is useful to find on the Internet judicial practice on the collection of alimony in a fixed amount from military personnel in a particular region. This will make it easier to formulate objective claims.
2. Before going to court, it is advisable to collect as many documents as possible substantiating the requirements for alimony. Provided that the payments will be the recipient’s only source of income, you need to take a certificate from the social security authority or employment center.
3. Since alimony payments are periodic in nature, the claimant can himself send a writ of execution to the Pension Fund body that makes payments to the military personnel. A statement is attached to the document.
4. When an active military member does not pay child support, you can notify the military unit about this. Practice shows that the desired disciplinary effect is possible.
5. It is important to constantly communicate with bailiffs and monitor their work whenever possible. Active actions on the part of the recipient of alimony can speed up the desired result.

For many parents raising a child on their own, alimony from their ex-spouse serves as their only source of livelihood. Therefore, it is important to promptly arrange payments. The information contained in this material can help.