Alimony is ... The order of calculation and deduction of alimony

Family and loved ones, native people are the most important wealth that a person has. Love, patience, care and mutual assistance are inseparable companions of a strong social unit. Unfortunately, not everything is as it should be. Swallowing insults and picking up words more painfully, people who are close to one day become enemies. Alimony is the consequence of quarrels and mutual insults. From a moral point of view, avoiding alimony is one of the most immoral and inhuman acts. But regular voluntary payments are humiliating, awakens feelings of guilt and resentment on both sides.

Alimony - what is it?

Russian language has borrowed many words from Latin. One such example is the term "alimony". In Latin, it meant "food, food, dependents". The meaning of the term is preserved, although it has slightly expanded.

Alimony is a means that the law obliges to provide one person for the maintenance of another. These funds can be either in cash or in kind.

The legislation of the Russian Federation defines the categories of citizens who are obliged to help relatives and support them. These obligations enter into force under certain circumstances and last for a certain period of time. Not always alimony is compulsory and is appointed by the court, they can be voluntary transfers.

It is very unfortunate when relations in the family come to a standstill and without state intervention, close people can not deal with domestic and financial issues. Alimony can not be the cause of pride either side: neither receiving, nor paying them, and the matter is not in the amount of payments.

Who is entitled to receive alimony?

Alimony is the right of some and the financial responsibility of other members of the same family. Only relatives have the right to receive financial support, namely:

• Underage children;

• Adult children (full-time university students under 23, disabled);

• Disabled parents;

• Disabled spouse (spouse), even after the divorce;

• Brothers, sisters, grandmothers, grandfathers and grandchildren.

For each category of persons, there are a number of conditions under which they can claim to withhold funds in their favor.

The legislation of the Russian Federation regulates and guarantees the rights of a citizen. In the Family Code of the Russian Federation the following types of payments of alimony are defined: voluntary and appointed by the court.

Alimony by agreement

If the parents managed to independently agree on the financing of the child (children), the appeal to the court can be avoided. To avoid conflicts in the future, it is best to legally formalize a compromise solution.

It is necessary to assure the notary of an agreement on the provision of alimony (Article 100 SK). In it, you need to specify the order and method of paying alimony. In a voluntary agreement, parents choose when payments will be made, as it will: a fixed amount or a percentage of income, transferred to the account or transferred personally into the hands. Receipt of payments on a voluntary basis must also be recorded in the receipt.

If a voluntary agreement was entered into, the claim for alimony collection in court can be considered only if the agreement is declared invalid or terminated.

You can place alimony on hold not only after the divorce, alimony in marriage can also be withheld. If the parents divorced, but not officially divorced, the procedure for collecting alimony does not change.

It is good, when pride, upbringing and relations of parents allow them to enter into a voluntary agreement for the payment of alimony. But do not be afraid to destroy the fragile understanding and trust by signing a formal agreement. Nobody knows what will happen in the future. Could you assume that alimony will be the occasion for a conversation in your family? There is also no guarantee that alimony will be properly enumerated and will not cause grievances or you will not have to unfairly bear responsibility for non-payment of alimony.

Alimony through the court

The court may award payments for the maintenance of the child to the father, mother or both parents. If the child is brought up by guardians, foster parents or in an orphanage, alimony is levied on both parents.

Alimony can be assigned only to the father and mother of the child, which are recorded in his birth certificate.

A claim for alimony must be properly drawn up and sent to the court.

Sample of claim in court:

• In the right upper corner is written the name of the court, the position and the full name. Representative of power.

• Data of the plaintiff (full name, address, contacts).

• Data of the defendant (full name, address, contacts).

• In the middle of the line is written: "Statement of claim for recovery of alimony for the child (children)."

• Below is a detailed description of the claim. Here it is worthwhile to indicate whether you were married, when he was imprisoned and when terminated; Date, place of birth and residence of the plaintiff and the defendant; Year of birth and full name A child who holds it and paid early child support; Whether there are other children from the defendant or the plaintiff; That the plaintiff asked the court.

• Below list the copies of the attached documents: the plaintiff's passport, the certificate of divorce and the birth of the child, a statement of claim, a certificate confirming the fact of the child's living with the plaintiff, a certificate of 2-NDFL from the plaintiff's and the defendant's place of work.

• Put date, signature and decryption.

The application is being prepared in triplicate. One remains with the plaintiff, two are transferred to the court together with copies of the above documents. No charge from the plaintiff is charged. Consider the lawsuit and adjudicate the court within five working days.

The procedure for calculating alimony

Payments that will be withheld from the defendant's income are calculated according to the following scheme, indicated in the table.

Number of children in need of maintenance	Percentage of withholding from income
1	25
2	33
3 and more	50

Alimony of up to a year per child can be levied together with alimony for the wife, since according to the Family Code a woman is entitled to material assistance from her spouse, if she alone is raising a child for up to three years.

Alimony for the maintenance of a disabled spouse is charged in the form of fixed payments, as a lump sum or regular payments. The court will consider the financial situation of the spouses, the reasons for the claimant's statement.

Alimony for the maintenance of parents is paid monthly and in the form of fixed payments. Payments are a few subsistence minimums.

The sample of the claim to the court for the collection of alimony for the parents or the spouse does not differ from the sample presented above for the recovery of alimony for children.

Who keeps alimony?

It is the employer who transfers the deducted funds to the plaintiff's account.

Deductions are made from the defendant's total income (salary, bonuses, allowances, etc.). It is important for the employer to remember that alimony is withheld after deducting personal income tax from the employee's income.

Payments that are not included in the income to withhold alimony:

• Financial assistance in connection with the registration of marriage, the birth of a child, the death of a loved one and a natural disaster;

• Industrial and state compensation.

Having received the writ of execution, the employer is obliged to withhold alimony from the employee's income, and if he does not do so, various sanctions may be imposed on him.

If the defendant does not have a permanent place of work, the court can decide in favor of fixed payments. When making this decision, it takes into account the material situation in which the child was previously. Fixed payments should not worsen the financial situation of the child. The defendant takes care of the transfer of funds to the plaintiff himself. Court bailiffs on alimony calculate the indexation of withholdings at the claim of the plaintiff.

Documents accompanying alimony

Alimony is a payment that is provided for the maintenance of another person and may be an occasion for further litigation. Therefore it is necessary to follow the documentation of the alimentary process:

1. Voluntary notarized agreement on the payment of alimony.

2. Receipt in receipt of alimony by voluntary agreement.

3. Application to the court to withhold alimony (with all attached documents).

4. Decision of the court.

5. Executive sheet.

6. Postal and bank statements related to the registration of alimony.

What threatens the defaulter of alimony?

In the event that the court made a decision on the payment of alimony, and the defendant evades them, he is expected to be held responsible for non-payment of alimony.

The Russian legislation provides for the following types of punishment for non-payers:

• Penal sanctions ;

• Seizure of property and bank account;

• Deprivation of parental rights;

• A ban on leaving the country;

• Imprisonment for a period of three months to a year;

• The appointment of correctional labor ;

It is important to note that punishment can be made only in court and malicious defaulters.

When is maintenance not paid?

There are conditions under which the court refuses the plaintiff to withhold the alimony from the defendant.

Examples of such cases:

• The spouse who applied for alimony received disability due to alcohol or drug dependence;

• If the spouses were married less than 5 years;

• Death of the plaintiff or defendant;

• Change in the financial or marital status of the plaintiff or defendant;

• Submission of false documents by the plaintiff.

There is also the possibility to reduce the retention of payments on alimony. But before you can use the possibility of reducing or refusing alimony, it is worthwhile to think again and agree on everything with your own conscience.