Alimony for a child’s card and for a wife’s card

Family law > Alimony > Is it possible to transfer alimony to the child’s own account?

• The alimony obligation program was created to resolve the financial issue in the family.
• Those parents who make child support payments are often interested in the question: is it possible to transfer child support to a child’s card?
• Due to his incapacity, a minor dependent cannot receive or manage alimony.
• The recipient of child support payments is the second parent who lives with the child and supports him.
• The parent who makes the payments may suspect the guardian of misuse of money, so the child support payer is justifiably interested in the question: is it possible to transfer child support to the account of a child under 18 years of age?

Changing the method of receiving alimony

Also, one of the parties requires that an account be opened in the child’s name. This is theoretically possible, but the child will not be able to use the accruals until he reaches adulthood.

You can change the recipient of the benefit if there are compelling reasons, for example, when the guardian spends the money for other purposes - not for the needs of the minor, but for his own personal needs.

Then a separate account in the name of a minor is necessary in the event of improper fulfillment by the guardian of his duties to spend alimony funds on the maintenance and education of the child.

Issuing a bank card for a child provides some guarantees that half of the transferred amount will go to the minor. The remaining money can be spent by the parent on the current needs of maintaining the child.

It is possible to transfer child support to the child’s personal account, but not in full . By law, half of the amount that is withheld from the alimony payer monthly can be credited to a minor’s bank card.

This may include other persons, for example, the child's grandparents, as well as the guardian himself.

Transferring funds to a child's account without a notarized agreement or court decision is not considered payment of alimony, but is considered as a gift.

Transfer of alimony payments

Many people do not know how to correctly transfer child support in 2020.

In order to radically change the calculation of payments, that is, to divide them in half - to the child’s card and to the guardian’s bank card, it is necessary to review the terms of the writ of execution.

According to Russian legislative norms, disputes regarding alimony can be resolved:

• concluding a settlement agreement through a notary;
• filing a unilateral claim in court;
• resolving the issue among themselves.

In an agreement on voluntary payment of alimony, additional amounts can be established, for example, payments to prepare a child for school.

Part of the funds can be transferred to the minor’s account if the parties have agreed to save money for the child’s future.

With a voluntary agreement, you can specify any period for crediting funds to the card. They can be transferred twice a month, once a quarter or six months. A large lump sum is also possible.

If this frequency suits everyone, then there will be no violations in the case. If payments were ordered through the court, then they will be collected monthly in approximately the same numbers.

If the alimony payer does not have a permanent job or is a private entrepreneur, then he is obliged to pay the agreed amount himself.

If the funds were withheld using the FSSP, then you must contact them with the updated agreement.

If the deduction of alimony went through the accounting department of the enterprise where the payer works, then you should provide them with new information about the deductions.

Many people are concerned about the question of how to transfer alimony according to a writ of execution. If it was issued by the court, and the alimony provider doubts that his payments go to the needs of the children, then an application should be submitted to the court using another method.

The court will decide the issue of changing a court decision issued earlier.

The alimony payer, who will initiate the case, is obliged to file a statement of claim, prove the validity of this measure and that he is acting only in the interests of the child.

Rules for drawing up an application

The statement of claim must indicate:

• the name of the court and address where your claims will be considered;
• contact details of the plaintiff and defendant.

The text of the application sets out information about the emergence of alimony relations.

On this issue it is stated:

• the amount of alimony payments, when they were calculated and how regularly they were paid;
• information about the guardian and the minor;
• grounds for litigation;
• reasoned arguments for the validity of the claim;
• a list of documents with evidence of the validity of the claims;
• requirements for revising the method of calculating alimony.

At the end of the application the date and signature of the originator are placed.

The claim drawn up in this way is submitted to the court office after the necessary evidence has been collected.

The mandatory list of documents can be obtained from the court or downloaded from the official website.

The list of documents includes:

• identification document of the applicant;
• child's birth certificate;
• parents' marriage certificate or divorce deed;
• a court order or a settlement agreement certified by a notary regarding the calculation of alimony;
• certificate of regularity of transfers;
• additional certificates proving the claims made.

Collection of evidence

The accusations made must be justified and documented. This can be photos, videos, audio evidence of misappropriation of funds. Schemes for calculating the income of a guardian are also provided.

Child benefit should be spent on:

• providing him with adequate nutrition;
• comprehensive development and training;
• treatment of a minor;
• purchasing clothes.

For testimony, the applicant can contact his immediate circle, as well as request data from educational and medical institutions where the minor is studying or being examined.

Even the child himself can give testimony if he is already 10 years old . Evidence also includes certificates confirming that the guardian is registered with a narcologist.

After acceptance of the claim, documents and evidence, a court hearing will be scheduled. Both parents and a minor if over 10 years old are invited to attend.

At the trial, it becomes clear whether the alimony payments were used for a purpose or not. After this, the court will decide whether child support can be transferred to the child’s account rather than the mother’s.

1. Once confirmed by evidence, half of the child support payments will be transferred to the child’s account.
2. He will be able to remove them after he comes of age or when he reaches legal capacity before the age of 18.
3. The executive order is sent to the organization that pays the salary, pension or scholarship from which alimony is withheld.
4. If a parent is interested in whether it is possible to transfer alimony to the child’s savings book, then yes - payments established by the court can be made to the child’s bank account as well as to the child’s savings book.

Payment methods

There are several ways to withhold the payer’s funds for child support payments to the guardian and child:

• deduction of funds from the payer’s salary through accounting;
• transferring money to a bank account;
• payment by postal order;
• through the bailiff service.

Translation through online services

The bank will withhold payments in the required amount at the specified frequency. This is convenient for the payer, since there is no need to control payment transfers.

In order to insure himself against possible claims by the recipient, in the “purpose of payment” column, the payer must indicate that this is alimony, as well as the amount and bank commission.

You can indicate the date the payment was sent and the document according to which the alimony bears these obligations.

When using online services, it is better to print electronic receipts. The bank commission and additional payments are paid by the alimony payer.

Postal transfer

Funds can also be sent by postal order.

If alimony is collected by voluntary agreement of the parties, then the following items should be filled out by mail:

• FULL NAME;
• recipient details;
• amount of money transfer.

If by court decision, then the following must be indicated:

• salary amount;
• the number of days worked by the debtor;
• the month for which the alimony funds were withheld;
• alimony deductions;
• withheld personal income tax.

If the payer has a debt, then the amount of the transferred and remaining debt must be indicated.

Through the bailiff

The collection of alimony can be carried out by a bailiff. An application for transferring funds to a bank card must be written to him personally.

Documents for the bailiff service:

• the court's decision;
• an application for the transfer of alimony payments to the recipient’s account in 2 copies;
• copy of the passport;
• a copy of the passbook indicating the account number and name of the bank.

The application is drawn up in 2 copies . The first is transferred to the office of the bailiff service or the bailiff, and the second copy, marked by the bailiff, remains with the applicant.

The application can be sent by registered mail to the address of the bailiff service, which must make transfers within 5 days from the date the money is received in the deposit account.

Changing your payment method

By voluntary agreement, you can also change the method of receiving alimony as the parties wish.

To do this, by mutual agreement of the parties, you need to conclude a new agreement or make changes to the old document, but be sure to have it endorsed by a notary.

If the procedure for calculating child support is based on a court decision, then to change the method of transfer you should:

• indicate bank and current account details;
• file a claim to change the method of payment of benefits;
• contact the bailiff.

When considering a case in court, the question of the method of transferring money is decided by the judge, having previously ascertained the wishes of the parties . The method of receiving alimony is indicated in the decision.

The bailiff will consider the claim and, if the case is resolved positively, will transfer the data to the payer’s place of work.

A change in the procedure for paying alimony can be initiated by the recipient himself . The legislation restricts only the alimony payer from changing the procedure for paying benefits.

The recipient has the right to transfer alimony to the child’s account in 100% of the amount, for example, if the parent needs to leave the country or he has the finances to fully provide for the family.

Source: http://semeinoe-pravo.net/mozhno-li-perechislyat-alimenty-na-kartu-rebenka/

Transferring child support to a child’s card: is it possible, how can I prove that I paid?

Kalinina Evgenia, economist by education and linguist by vocation. Editor-in-Chief of the Alimenty-urist.ru project. Has 11 years of experience working in various publications.

Greetings, dear legal readers. magazine "Alimenty-Urist.ru"! We all know that after the divorce documents have been reviewed by the court and an official decision has been made to dissolve the marriage in which the child was born, one party must pay alimony to the other party, with whom the child remains, until the child reaches adulthood. This material will tell you how it is possible to transfer alimony to a card and what an official application for transferring alimony payments to a bank card should look like.

Making payments to a child via bank account

Money can be allocated with the voluntary consent of the father or by court order. Often, former spouses agree that alimony payments should be made to the card account of the alimony recipient.

Important! Regardless of the chosen method of receiving alimony, it is important that it is paid officially and has documentary evidence. Otherwise, the alimony payer may be required to pay the money again. A document about their transfer will save the situation.

In order for the money to be successfully transferred to the child, the administration of the company where the father works (since he is usually the alimony payer) will withhold a certain amount of collection every month for three days from the date of payment of the salary.

Typically, the claimant indicates in the application a convenient method of receiving money. This application is also accompanied by bank details or an official postal address.

All costs related to the transfer of benefits to the recipient’s plastic bank instrument are borne by the person who sends the money for the child’s maintenance.

A sample application for the transfer of alimony is easy to find on the Internet.

In some cases, the alimony payer decides to independently send funds to the child’s card (such payments are usually made in accordance with the drawn up agreement on the payment of financial assistance).

There may also be a forced recovery based on an official document of execution.

In this case, the key factors will be whether the recipient of the money has an open card account and has submitted an official application at the place of deduction with a specific request for the transfer of rubles to bank plastic.

The legislation also allows financial assistance to be provided on a child’s plastic banking instrument. But only the court has the right to decide such a question.

It is also possible for the father to transfer money independently. But such a procedure requires taking into account a number of features.

Regardless of whether payments are made voluntarily or compulsorily, the payer of the benefit must have documents confirming the fact of alimony payments.

If you treat this moment irresponsibly, bailiffs may charge the payer of financial assistance with a debt (the longer the period of non-payment of alimony, the more serious the amount of collection). It is the bailiffs who monitor how child support payments are going to the mother’s card.

To avoid an unpleasant situation, independent experts recommend transferring alimony to a card account in the bank of the person receiving the assistance. It is important that such an account is opened in Sberbank.

For your information! The option for receiving allowance is determined at the request of the recipient. It must be indicated in the concluded official agreement on the payment of alimony or in the official writ of execution.

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In order for the son’s father to transfer money to his mother via Sberbank’s plastic card, the recipient of the funds must have a corresponding desire and must have an open official card account.

How to correctly transfer alimony to a card: important nuances

The alimony payer must know that:

• If a voluntary agreement on the payment of money has been signed, it must contain the details of the financial assistance recipient’s card and must indicate the urgent need to receive a specific amount.
• If the parent is actually employed, then the organization where he officially works should deduct money from his salary. But to do this, the recipient of the funds must send a corresponding application to the father’s organization (it is advisable to submit it personally, but you can use the help of a trustee).
• If the child benefit payer is not employed, the mother raising a minor must initiate open enforcement proceedings regarding payments for the maintenance of the child. In this case, the issue of withholding monthly payments for the maintenance of the child will be dealt with by bailiffs. It is to them that the mother will convey a statement about the need to systematically transfer money to her bank account.

How to fill out an application for transfer of official benefits for bank plastic?

It has already been said above that an application for the transfer of part of the father’s salary to the Sberbank account of the alimony recipient can be submitted by the party that is raising the offspring, either to the organization where the alimony payer works, or to the bailiffs.

When making an application:

• The header should indicate the addressee, as well as information about the applicant such as last name, middle name, address and telephone number. If the paper is sent to the organization where the father is officially employed, then the header indicates that the document is written in the name of the company’s accountant (he will calculate how much the father owes in alimony, since it is this employee who makes the calculations). If the paper is submitted to the FSSP, then your full name should be indicated in the header. bailiff who is involved in conducting production.
• There must be an expression about the debtor’s need to pay benefits, and there must also be a request from the applicant to transfer alimony to the specified current account, which was opened in Sberbank.
• A signature is placed at the bottom of the document. The paper is signed either by the recipient of the money or his official representative.

The application will have to be accompanied by a copy of the passport, the original document of execution or a notarized agreement on payment of benefits, and an extract received from a Sberbank branch indicating the details of the account opened by the recipient.

Payments to bank plastic card of the child

The funds that are redirected to the child’s account must be spent on the maintenance of the child, his upbringing and education.

If the transfer of alimony to the mother’s card is spent by the parent not only on the needs of the child, but also on herself, we can talk about a violation of the property rights of a minor. In such cases, the alimony payer has the right to demand that the court transfer 50% of the money to be paid to the child’s savings account.

In this situation, the father will not only save money from inappropriate spending, but will also be able to improve the financial situation of his child in the near future.

When making such a request to the court, the payer must understand that:

• The courts are always guided by the interests of the child. The court may agree, for example, to transfer 50% of the money to the child’s savings account when the allowance allocated by the father is twice the minimum subsistence level for the child.
• The courts do not prohibit the payer of the money from independently opening such an account for his child.

Transferring money for child support from one bank account to another

Persons who are not officially employed, as well as citizens who pay benefits on the basis of a voluntary agreement, can transfer money from their card received from any state bank in the country to the recipient’s Sberbank card account.

Important! It is more profitable when alimony is transferred to an official card from a bank card within the same bank. In this case, there will be no need to pay bank commissions.

But this option of deducting money implies some nuances:

• When transferring money from a card to another bank card, it is important to save all receipts (a receipt stating that alimony has already been transferred to a Sberbank card must contain the purpose of the payment, the amount and date of the transfer). They will be able to prove that it was the benefit payer who paid the alimony on the card.
• When transferring child support payments to the child’s mother, the transfer should be made from a card issued specifically to the benefit payer. If deductions are made from a card issued to another individual, another citizen will act as the payer, and not the party that pays the child benefit. This point may cause misunderstandings in the future.

Is it possible to transfer child support to your child’s card from an existing credit card?

To summarize: is it possible to transfer child support to your child’s card?

Practice has proven that transferring funds to a mother’s or child’s card is one of the most convenient tools for paying child benefits. Since this calculation mechanism is convenient, it is often brought to automaticity.

Consequently, the benefit payer may not even participate in the process.

Transferring funds yourself involves some risks - a person paying alimony unofficially will not be able to prove the fact of payment if the receipt is lost.

Questions and answers

Question one: Does the application for the mother to receive financial assistance from the father for the maintenance of their common child need to be notarized? Answer: No. But it is worth remembering that this document must always be presented in official written form. It is handed over to competent persons in two copies. One is given to the addressee, and the second to the applicant.

Question two: How much money should I pay monthly for the maintenance of one child? Answer: One child should receive 25% of the father's total income. A quarter of the parent's salary is deducted when all tax deductions have been made.

Question three: Does the agreement on the payment of child benefits signed between spouses need to be notarized? Answer: Yes. Only after this the agreement will have legal force.

Source: https://alimenty-urist.ru/alimenty/kak-platit/na-kartu.html

Transfer of child support to the child's account

The responsibility to care for children lies with both parents. If they are divorced, then the child lives with only one of them, while the second is obliged to pay alimony - money for his maintenance.

People often ask about alimony whether it can be transferred to the account of a child under 18 years old - this is not surprising, because if people are divorced, it means that they have a conflict and had serious disagreements, so now they can hardly trust each other.

And what should you do if the payer is ready to continue to support the child, but has doubts that his money is actually being spent for its intended purpose? Then payers often have the question of how to transfer child support to the child’s account so that the second parent cannot manage it. Is there such a possibility, and if so, how to pay alimony to the child, and not to the wife?

Who is the recipient of child support?

The recipient of child support is the parent with whom the child lives.

It is the parent who receives the right to manage child support, but is obliged to use it for the child. This is not always the case, which is why the question arises as to whether alimony can be transferred to the child’s account.

Sometimes a situation arises of misuse of funds by the parent who is the recipient, or the payer simply wants to ensure the future of his child by making contributions to a special account that is supposed not to be touched until he comes of age - the reasons may be different. One way or another, the opportunity to transfer at least part of the alimony to the child’s account has greatly simplified the life of many fathers and mothers paying alimony.

Can child support be transferred to a child's bank account?

And this opportunity exists, but with reservations. Although the answer to the question: is it possible to pay child support on a child’s account is positive. Yes, the legislation establishes the right of the payer to make payments of part of the amount of alimony to the account of a child who has not reached the age of majority, but important nuances should be highlighted.

So, the part transferred to the offspring’s account cannot exceed half of the total amount, but the second must still be sent to the parent’s account. In addition, you first need to obtain a court decision - the same one that made the decision on payment.

And it is important to note that, even if it was possible to obtain a court decision to transfer alimony to the child’s account, the parent with whom he lives will still have access to his account.

• When considering such cases, the court first of all protects the interests of the child, this means that if the collection procedure is changed, it is only in order to better satisfy his rights, and the amount of alimony must exceed the subsistence level, or it must be proven that the parent receiving it does not always uses products strictly for their intended purpose.
• As we have already noted, access to the account will still remain with the parent receiving alimony, but the control of the guardianship authorities will be strengthened, and if necessary, access will subsequently be limited.
• To change the alimony payment scheme, one of the following reasons can be used:

Using them for purposes other than their intended purpose

Intended use is considered to be the expenditure of funds for the direct material support of the child, as well as other needs that contribute to his development: education, treatment, and so on.

If the payer has evidence that the funds are spent on completely different purposes that have little to do with the well-being of the child, and this evidence is presented in court, then they may prompt a change in the collection procedure.

They may even prompt the court to initiate the process of depriving parental rights for spending child support on their own needs.

The amount of child support clearly exceeds the child's needs

This means that part of the funds can be freely set aside for the future, and the court may respond favorably to the desire of the paying parent to provide payments to the offspring in a special account focused on this, provided that the validity and feasibility of changing the payment order is convincingly proven. Also, this change can be formalized without a trial if both parties agree on the issue.

As for the consent of the parties, we note that if the parents entered into an agreement on the payment of alimony, without going through a trial, then they have the right to establish that at least the entire amount should go directly to the child’s account - there is no limit of 50% here.

An unauthorized transfer of funds, that is, made without an appropriate court decision or an agreement signed by both parties and certified by a notary, will not be considered alimony payment. That is, the payer will be considered to have made a gift, but he still owes the same amount.

Application to change the procedure for executing a court decision

If the payer decides to transfer part of the funds to the child’s account, then he can formalize this in the form of an application and present it to the court.

In order to transfer child support to a child’s bank account, the applicant must open this same account even before filing a claim. Namely: a savings account in the name of the child - the choice of bank does not matter. To open an account, you only need the payer’s passport and a copy of his birth certificate. After this, it is worth discussing with the other parent the issue of transferring child support to this account. There is a chance that an agreement will be possible, and even if it is not. In any case, the fact that before the appeal the plaintiff tried to settle the matter amicably will be important in court. If this fails, you can safely go to court.

But before submitting, you should consider a few important nuances:

•  A direct transfer of part of the alimony to the child’s account may be allowed only if the remaining amount, which will continue to be transferred to the supporting parent, will be sufficient to meet his needs. If the alimony is small, you should not count on the claim being satisfied.
•  In addition to the desire to change the payment procedure, you must also have reasons for this - as well as evidence that these reasons are really compelling. Most often, the court decides to satisfy the claim if it is possible to prove the misuse of alimony. After all, then it is necessary in the interests of the child. Evidence may include testimony of witnesses, a corresponding act from the guardianship authorities, etc.
•  The court must take an individual approach to each case - this means that before making a decision, all accompanying circumstances will be considered, for example, it is necessary to identify additional needs of the minor, such as the need for additional training or treatment. The decision to satisfy the claim will be made if alimony covers not only basic expenses, but also these, and something else remains. Exactly what remains will be sent to the child’s accounts - it may not be 50%, but only 30% or 20%.
•  An important factor will also be whether the minor will receive an advantage as a result of such a decision, that is, how the interest rate on his account and inflation will relate to each other. With an interest rate approximately equal to inflation and even lower, it is unlikely that the court will recognize the payer’s demands as justified.

Read also: Suspend alimony: is it possible, temporarily?

How to file an application to the court?

The case will be considered within the framework of ordinary claim proceedings, which means that the statement should be drawn up as a standard claim, it must contain a description of the situation and justification of the requirements. A sample application for changing the procedure for executing a court decision, which can be relied upon when drawing up, is attached to the article.

Let's look at the contents of a standard statement. It should consist of several parts:

Introductory - it indicates the name of the court, the full name of the judge who made the decision, the execution procedure of which must now be reviewed, the full details of the plaintiff and the defendant - if the payer is in the first capacity, then the recipient is in the second, respectively. This data includes full name, address and zip code, telephone number, etc.

Next, the statement indicates which case it relates to, followed by a motivational part, which can be presented in any form. It must indicate that the payer regularly fulfills all its obligations.

And if there is something beyond them, then this can also be indicated with documentary evidence, and after that refer to the circumstances that prompt the payer to demand a change in the procedure for implementing the court decision.

It may be stated that alimony significantly exceeds the minimum subsistence level and, if you change the order of payments, you can save funds that the child will have the opportunity to dispose of in the future.

Other advantages of transferring benefits directly to the child’s account.

A reference to the misuse of alimony by the recipient with the obligatory provision of evidence.

The petition part must state the payer’s demands to change the payment procedure. There should also be a statement of what he sees as the optimal modified order.

Finally, you should indicate all documents attached to the application.

Sample application to change the procedure for executing a court decision

Which court should I go to?

Since we are talking about changing the order of execution of a decision already made by the court, the payer must apply to the same court that previously made a decision on his case, obliging him to pay alimony. Only this court can directly change the procedure for executing its decision.

The procedure for executing a court decision

If the transfer is carried out independently, then the payer must distribute the funds in the proportion that was indicated by the court, transferring the necessary part to the ex-spouse, and the rest to the minor himself.

If the deduction of alimony payments is made in the company where he receives wages, he should submit an application to the accounting department, attaching a copy of the writ of execution or agreement and the necessary details so that the deductions are now made to two accounts, and not to one, as before.

If funds are collected forcibly from the payer with the involvement of the bailiff service, then either party must submit a new writ of execution to the service.

Funds from his account will be at the disposal of a minor after he reaches 14 years of age, but written permission from his parents will be required.

Before reaching this age, the funds in the account will simply accumulate.

The right given to the alimony payer to change the procedure for collecting it serves as a reliable tool for protecting the property rights of the child.

The likelihood that the payer will begin transferring child support directly to the child’s account can bring some sense to even those parents who are inclined to use the funds they receive for purposes that are not entirely necessary.

In addition, in this way you can provide the child with a kind of “start-up capital”, with which he can feel more confident when he reaches eighteen years of age. The main thing is that in such matters, both parties primarily proceed from the interests of the children, and not their own.

Source: http://mojurist.ru/alimenty/mozhno-li-perechisljat-na-schet-rebenka/

Is it possible to transfer child support to a child’s card: as well as the terms?

Very often, fathers who pay child support do not want to transfer these funds to the mother, believing that she may spend them inappropriately.

Alimony is the personal funds of a minor, which must be used to purchase basic necessities, food, clothing, and can also be used for treatment and payment for additional activities.

How to make sure that all the money goes exclusively to children's needs? Is it possible to transfer child support to the card of a child who has his own personal bank account? Find out more in our review.

The legislative framework

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

Regulates the transfer of alimony to a child’s card, Art. 60 IC RF. When making a decision in favor of a special account for a child, the judicial authority also relies on the provisions of the Resolution of the Plenum of the Supreme Court of Russia No. 9 of 1996 and Art.

2-3 Code of Civil Procedure of the Russian Federation. According to these documents, the payer transfers 50% of the total amount of alimony payments to his child’s bank account.

However, for this he will need to go through a special legal procedure - obtaining an appropriate court decision.

Note! It will not be possible to open a bank account for a child on your own and transfer child support to it. Transferring part of the accrued alimony payments is one of the rights of the court, but not an automatic obligation when considering a divorce of spouses and assigning alimony payments to a child.

There are also exceptional cases when it is possible to transfer alimony to a child’s card until adulthood in the full amount, i.e. in 100% volume. This can be done in the following situations:

• The mother and father came to an agreement to provide for the child. A mother can fully provide for her child, but she does not consider refusing child support. In this case, the alimony payer (father) simply pays all alimony monthly to the child’s account so that the money accumulates on it until he reaches adulthood.
• The child is on state support. In this situation, money is also accumulated until adulthood.
• The child was assigned a guardian, but was not adopted. For example, a grandmother became a guardian, providing her grandson with everything necessary.

The law also specifies that until the age of 18, neither the child nor his guardian, parent or representative will be able to withdraw these funds. The only exception is an emergency, for example, an accident that occurs with a child, when treatment in a hospital is required.

Voluntary registration

The parties can enter into a voluntary agreement on the payment of alimony on a child’s card and have it certified by a notary. This agreement will provide the following information:

1. The amount of the final amount of alimony.
2. Payment method.
3. Payment periods.

The administration of the institution in which the payer is registered will withdraw a certain amount from the salary or other earnings within three days after issuance. The agreement specifies the payment period - alimony is usually paid once a month (the most popular practice), once a quarter, once every six months or annually.

The table below details what percentage of an employee's final income will be withheld for child support.

Number of children Percentage of total income One child 25% Two children 33% Three children or more 50%

Take note! If the payer has no income or is unstable, then it is best to receive alimony in cash on a monthly basis and against receipt.

Through accounting

The payer goes to the accounting department and submits there an application for the transfer of alimony to the child’s account. In addition to this application, you must provide a copy of the party’s voluntary agreement on this method of payment or a writ of execution issued by the court.

This application can be submitted either during a personal visit to the accounting department or by registered mail with acknowledgment of receipt. This is done when the court or the other party to the agreement (the child’s mother or guardian) requires confirmation of the legality of this type of payment.

The withheld amount is transferred to the account three days after the salary arrives.

By the payer independently

If you find yourself in a difficult life situation, for example, being in a state of temporary unemployment, the payer can put money on the child’s card himself.

It is important to retain all issued money transfer documents. They must clearly show the dates of payments and indicate the amount transferred.

These receipts become a guarantee against all kinds of legal proceedings on the part of the mother or guardian.

To the child's personal account

It is possible to open a separate bank account for the child. It will be possible to transfer there either part of the funds from the amount of alimony established by the court, or it will be additional funds, in addition to the fixed payment. You can also transfer no more than 50% of the amount fixed by the court.

This type of transfer is needed when there is an agreement between the parties by mutual consent, or the mother improperly cares for the child, not ensuring his full development. After all, the court personally monitors spending from the card.

Application for transfer

To obtain permission for payment, you need to write a corresponding application for the transfer of funds. It is written to the chief accountant or the head of the institution in which the payer is registered. It indicates the numbers of the writ of execution and the court decision issued in the case of appropriation of alimony from an employee of this organization.

In addition, the bank card details are listed and a bank statement confirming them is attached. It also includes a writ of execution or a court order, as well as photocopies of the alimony recipient’s passport (or birth certificate if the child has not yet reached 14 years of age).

You can download a sample application to an employer to transfer child support here.

List of documents

The recipient can also collect the necessary documentation. The latter sends, using a registered letter, a court order or a writ of execution, as well as an agreement on the payment of alimony, to the accounting department of the institution where the payer is registered. This petition can be sent to any legal entity that pays a salary, pension or scholarship to the future alimony recipient.

Required documents:

1. Writ of execution or court order.
2. Application for payment of alimony with the attachment of the above documents.
3. Documents of the recipient (mother or guardian) and child.
4. Sometimes you may need a certificate of the payer's income in form 2-NDFL (it can be obtained from the accounting department).

After consideration of the application, when opening a bank account, the card holder or his parent (guardian) will be issued a bank card, which will receive the amount of alimony specified in the application.

Application Form

The application process will depend on the workload of the accounting staff of the organization that will make the payments.

As a rule, the review period does not exceed 7 working days, and the payment of alimony will be made from the employee’s first salary, which follows the date of filing the application.

If the agreement of the parties does not stipulate monthly payments, but other periods, then the accounting staff will consider such applications separately and pay the funds within the specified time frame.

Forced registration

Is it possible to force alimony transfer to a child’s card? This practice clearly exists in situations where the child’s father or the payer does not intend to voluntarily pay alimony and in every possible way avoids the obligations imposed on him by the court after a divorce.

Applying to my husband's work

The recipient of alimony or the guardian sends a writ of execution and an application for the transfer of alimony to the child from the employee who is the father and, accordingly, the future payer of alimony.

It is worth attaching a bank statement with account details, as well as documentation confirming the identity of the recipient (passport) and the child himself (passport or birth certificate).

If there is a dash in the “Father” column on the certificate, then a certificate of adoption or establishment of paternity will also be required.

Important! If the father is not indicated on the birth certificate, and also did not adopt the baby after birth, then the court cannot legally oblige him to pay money.

Appeal to the bailiffs

In addition to contacting the alimony provider’s accounting department, the recipient can send a petition to the organization of bailiffs who perform the duties of paying alimony. To do this, the following list of documents is required:

• Court order or writ of execution.
• Application for payment of alimony addressed to the bailiff. It is written in two versions: the first is transferred to the bailiff’s office or personally to the bailiff; the second remains with the recipient. Both copies must be signed.
• A copy of the passbook or bank account details of the recipient.
• A copy of the recipient's passport.

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

You can personally visit the bailiff’s office and submit a request for withdrawal of alimony, or you can send the entire package of documents by registered mail.

After considering this application, the bailiff assumes the obligation to transfer alimony within five days from the date of receipt of money into the bailiffs account.

In this situation, the payer’s institution forcibly transfers the money not immediately to the child’s card, but first to the deposit account of the bailiff unit monitoring the situation.

Advantages and disadvantages

The main advantage is the natural accumulation of these funds, since no one will be able to withdraw them before reaching the age of 18. Thus, after reaching adulthood, the child will be able to enter adulthood with good material support, which will allow him to solve the issue of housing, education and provide him with the initial search for a suitable job.

An equally significant advantage can be considered the complete peace of mind of the second parent paying child support. After all, all funds will be used only for what is necessary.

For example, to pay for kindergarten, clubs, sections, as well as for food and necessary clothing.

A parent or guardian will not be able to simply withdraw money from the account and buy something for themselves, since all expenses will be clearly regulated by the court and the bank.

The only drawback is that the payer is charged all expenses for this banking transaction. According to Art. 109 of the RF IC, bank commission when transferring funds, mail fees, etc. – all these expenses are not included in the amount of the transfer, but are collected additionally from the payer’s income.

Transfer via mail

Is it possible to pay child support via mail? This option is specified in the agreement of the parties. The required payment terms should be established (from monthly to annual) and the exact details of the recipient, the name of the payer and the amount of the transfer should be provided.

Money for the transfer is also charged to the person who pays alimony. This commission is added to the transfer itself and depends on its size.

The table below shows Russian Post rates for money transfers.

Amount Commission for transfer Up to 1000 rubles 40 rubles and 5% of the total transfer amount 1000-5000 rubles 50 rubles and 4% of the total transfer amount 5000 - 20000 rubles 150 rubles and 2% of the total transfer amount 20000-50000 rubles 250 rubles and 1.5% of the total transfer amount

When making a transfer, the payer only needs a passport.

Thus, to transfer alimony to a child’s card, the payer can enter into a special agreement with the child’s mother or guardian and ask the court for this method of payment. You can pay 50% or 100% of the amount of money withheld from the payer’s salary into the account. The final amount depends on the conditions specified in the agreement.

This method will help protect your heir or heiress from wasting alimony intended for his maintenance, and will also help you save a good amount for a decent future, because neither the child nor his mother (guardian) will be able to withdraw this money before they come of age.

Editor of the Rukalaw portal. We invite specialized organizations to cooperate in writing useful materials for our readers in exchange for advertising in this block. Details in the cooperation section.

Source: https://rukazakona.ru/semejnoe-pravo/mozhno-li-perechislyat-alimenty-na-kartu-rebenka.html

Alimony for a child’s card and for a wife’s card

The payment of alimony
represents the fulfillment of obligations to support a minor
by one of the parents who does not live with the child.
They can be paid voluntarily or ordered by a court.
In this case, it is possible to transfer alimony to the card of the child or
ex-wife.

How to transfer alimony to your wife’s card

Transfer of payments by bank transfer is possible either by independent decision or by court order.

Money can be transferred both by the accounting department of the organization where the payer works, and by him personally.

The main conditions for transferring alimony to your wife’s card is the presence of an open account with a banking organization.

Forcibly, the transfer of funds is carried out by the accounting department of the enterprise only in the presence of a court decision or other executive document, as well as an application from the recipient.

If the payer, on his own initiative, prefers to transfer money for the maintenance of a minor by transfer, then he can write an application to the accounting department about this. Payments are withheld within 3 working days from the date of receipt of wages.   

If there is a voluntary agreement between former spouses, all the nuances must be spelled out in it.

The document that is notarized must contain the following information:

• the amount
  of alimony (this can be either part of the salary or a fixed amount);
• frequency
  of transfers;
• details
  of the bank account where the funds will be transferred.

The alimony payer, by voluntary agreement, can independently transfer funds, and no statements are required from him. All expenses associated with payment of benefits to the card are not included in its amount.

Agreement on children in case of divorce.

If the father does not pay child support, the woman can initiate enforcement proceedings. In this case, you must submit an application to the bailiffs stating that the funds must be transferred to the card.

After collecting the debt from the payer, officials must transfer the money to the recipient within 5 working days.

Application for transfer of alimony to a card

An application for transfer of alimony to a card can be submitted by both the payer himself and his spouse.

In the first case, the debtor must independently contact the accounting department at the place of work and write a request to transfer part of the salary to the specified current account.

Download the application for transfer of alimony to the card. [29.00 KB]

A woman can write a statement only if there is a court decision to collect funds.

The document must indicate:

• information about the applicant;
• the debtor's obligation to pay alimony;
• the responsibility of the accounting department to transfer funds to the specified current account in accordance with family law;
• a request to transfer part of the debtor’s salary to the card.

The application is written to the head of the organization or chief accountant. A sheet of enforcement proceedings or a copy of the court decision is attached to it.

In addition, it is recommended to supplement the application with an extract from the financial institution, which indicates the account details.

Download the application for collection of alimony debt. [12.61 KB]

Child support card

Alimony is paid exclusively for the maintenance of a minor. Therefore, any other expenditure of funds is a violation.

If the payer has information that the recipient is using the benefit for other purposes, then he can transfer alimony to the child’s card, but only by court decision.

At the same time, it is allowed that no more than 50% of the total amount can be paid in the name of a minor.

In order to transfer alimony to the child’s account, the payer must go to court with evidence that this will not worsen the financial situation of the minor at the moment.

The official will make a positive decision only if the interests of the child are respected. Thus, the remaining amount paid to the mother must fully cover the expenses of the minor, for which convincing arguments must be given.

The alimony payer is the legal representative of the child, and therefore has the right to independently open a current account in the name of the minor in order to transfer funds there.

The limit of 50% is set only on the amount of mandatory alimony that must be paid for the maintenance of the child.

The parent has the right to transfer any additional amount of money to the minor’s card.

• When a court decision is made to pay part of the child support, the conditions for spending these funds may be specified.
• Thus, a minor can withdraw money only with the permission of the guardianship authorities or the alimony payer himself.
• In addition, the father has the right to demand a report on the expenditure of funds, but only if they relate to mandatory payments for child support.
• If there is a court decision to pay alimony, the benefit can only be withheld from a salary card or other account replenished directly by the payer.

Benefits cannot be transferred to the recipient using a credit card. Family law states that funds for child support must be withheld from the salary or other income of the parent.

The loan does not count as income, as it is provided on a reimbursable basis by a banking organization. Therefore, alimony payments should not be deducted from a credit card, even if there is debt.

Conclusion

Payments to a bank card are considered one of the most convenient ways to transfer funds for child support. They can be done independently or through the organization’s accounting department.

The recipient of payments can apply to withhold alimony from the debtor and transfer it to the card only if there is a writ of execution.

If a man believes that the funds he pays are not completely spent for their main purpose, then he can apply to the court with a request to pay part of them to the child’s card or an account opened for a minor in a bank.

Child support.

Source: https://pravasemei.ru/alimenty/mozhno-li-perechislyat-alimenty-na-kartu-rebenka/

Alimony on an ex-wife's card - how to arrange the transfer of alimony to a bank card for a child - Pravoved.RU

Lyudmila, hello!

If the ex-wife goes to court, the spouse will have to provide evidence that alimony was paid to them. The court may regard bank statements as appropriate evidence.

But it’s better to conclude an agreement (have it certified by a notary), because the agreed amount suits you today, but not tomorrow. And the ex-husband will not be able to confirm the amount that was allegedly agreed upon. The absence of notarization entails the invalidity of the agreement.

 The essential terms of the agreement are: the amount, method and procedure for paying child support.

 The amount of alimony paid under the agreement is determined by the parties independently, but it cannot be less than the following values: for one child - one quarter, for two children - one third, for three or more children - half of the earnings or other income of the alimony payer.

Child support may be paid in shares of the payer’s earnings or other income; in a lump sum of money paid periodically (for example, monthly, quarterly, twice a year); in a fixed sum of money paid at a time; by providing property (for example, residential premises, a car, land or securities), as well as other means regarding which an agreement has been reached.

The procedure for paying alimony can be determined: by personal payment of alimony; by paying alimony through third parties (grandparents or other relatives); postal or telegraphic transfer of alimony to the home or other address indicated by the recipient of the alimony; by transferring alimony to the recipient’s account in a commercial bank or credit institution, etc.

The alimony agreement can be changed or terminated at any time by mutual agreement of the parties.

A change or termination of an agreement to pay child support must be made in the same form as the agreement to pay child support itself, i.e. in writing with mandatory notarization.

Unilateral refusal to execute an agreement on payment of child support or unilateral change in its terms is not allowed.

In the event of a significant change in the financial or marital status of the parties and if no agreement is reached on changing or terminating the agreement on the payment of alimony, the interested party has the right to file a claim in court to change or terminate this agreement.

Collection of alimony through the court is possible only in the absence of an agreement on the payment of alimony. The case in court is initiated on the basis of a statement of claim for the recovery of child support.

Child support is awarded from the moment of application to the court, that is, from the date when the recipient of the alimony filed an application for the collection of alimony.

In exceptional cases, child support may be collected for the past period, but only within the three-year period preceding the plaintiff's appeal to the court .

Such collection is possible if alimony had not been paid before going to court and the person demanding alimony took measures to receive it, but it was not received as a result of the alimony payer’s evasion from paying it.

Such measures may include, for example, sending messages about the need for the former spouse to participate in the maintenance of the child. These messages must be sent by telegram or registered letter with a list of attachments, otherwise it is virtually impossible to prove in court the adoption of measures aimed at obtaining alimony.

Source: https://pravoved.ru/question/608660/