Is it possible to transfer alimony to an account in Russia? And if so, how to do it? We will have to understand these issues further. In reality, everything is not as simple as it seems. But with proper preparation and the presence of good reasons for the implementation of the task, it will be possible to achieve the desired. The main thing is to know how to act in a particular case. Below we will consider all the features and nuances of the assignment of alimony for children in Russia. And also find out whether child support can be transferred to the child’s account.
Who is eligible
Under article 80 of the RF IC, parents are required to support their adult children. Article 85 states that parents are required to support their disabled adult children in need of assistance. Accordingly, either minor children (required) or a disabled child after 18 years of age are entitled to child support. Payments for able-bodied citizens in this case are not made.
Child Support Size
What are the rules for child support payments in Russia? You need to understand how the calculation of upcoming payments is made.
Perhaps the appointment of alimony:
- in a solid size;
- as a percentage of payer income.
The first situation does not give any certainty. After all, fixed amounts can be different. They depend on the needs of the child, as well as the income of the alimony.
In the second case, there is a minimum for children:
- 25% - for 1 child;
- 33% - for 2 children;
- 50% for 3 or more children.
Usually the money goes to the disposal of the parent with whom the child lives. But the legal representative has no right to spend money on himself. Alimony is allocated only to underage or disabled children. Their needs should be covered by appropriate payments.
About assignment methods
Is child support on the bill - is it a myth or a reality? To fully understand this issue, it is necessary to study all the features of maintenance obligations.
Agree on payments for children:
- by peace agreement;
- orally;
- judicially.
Each option has its pros and cons. But does the law on child support in Russia allow payments to be made to a "children's" account? Or is it fiction?
Verbal agreements
In fact, everything is not as complicated as it seems. Of course, it all depends on the specific situation. Let's start with the verbal agreement of the parents to pay child support. This is the most unsafe scenario. During it, there are no obligations and legal guarantees. That is, the second parent, on a personal initiative, transfers money for the child. Alimony such payments can not be considered. Transfer of alimony to the account of the child in this case does not take place. More precisely, money is transferred in this way, but only as a “gift”. This technique is considered a "good gesture" of the parent, additional support.
Notary agreement
The second scenario is the conclusion of an alimony payment agreement. It is signed by a notary public. The document has legal significance. In fact, this is an oral agreement that is documented. In this case, it is permitted to transfer child support to the account in the account, but only if this is indicated in the agreement. As a rule, this alignment is extremely rare. If the text of the agreement does not specify the procedure for transferring money to the account of the recipient of funds, then you will have to abandon this undertaking.
Nevertheless, no one forbids opening an account in the name of a minor and transferring money there. Just such payments can not be called alimony.Rather, it is simply additional support, a gift, a voluntary decision of the alimony.
Also, article 101 of the Family Code of the Russian Federation states that an agreement on the payment of alimony can be amended or terminated at any time by mutual agreement of the parties. So, you can try to agree with your spouse on transferring money to the child to his account. After that, the previous agreement simply changes. Or it is dissolved, and then a new one is concluded.
Judgment
The rules for the payment of alimony must be observed without fail. Otherwise, the parties to the conflict may face a number of problems. For the recipient of funds, the need for alimony is not excluded, for the non-payer it may all end with sanctions up to deprivation of parental rights. A court decision is the most secure way to grant child support. Typically, the procedure for payments and their size are determined by the court on the basis of the materials studied.
In this case, part of the child support can be transferred. Under the current law, no more than 50% of the amount of payments can be allocated, followed by transfer to a minor. The initiative on the possibility of transferring money to support a child in an account should come from the alimony. The parent with whom the children live does not have the right to demand a similar scenario.
One hundred percent
You can transfer child support to a child’s account in Russia. But, as practice shows, this is not the most common scenario. In some situations, it is allowed to transfer 100% of the assigned amount of alimony to a "children's" account.
This is possible if:
- the child is fully provided by the state;
- parents made a peace agreement;
- the child is not adopted, but is under guardianship with full support.
If child support is listed on the account, it is not as easy to assign money as it seems. After all, the allocated funds go to the needs of minors. And without reason, no one will cut them. So, you have to prove their misuse.
Good gesture and account of the child
What follows from the foregoing? If the child has a current account, then in some cases, you can list child support for him. But not always the appropriate payments will be considered funds allocated for the maintenance of minors.
Voluntary gesture transfers to the minor's bank account are considered if:
- the transaction has no comments on the type of alimony;
- money is transferred without a court order or peace agreement.
Such rules are dictated by the law on alimony in Russia. What does it mean?
With the absence of agreements and court orders, everything is clear - child support for the account, even with comments, does not take place. And what about the first situation? If a decision has been made (peaceful or judicial) to transfer money to the child to his personal account with the bank, you will have to sign all transactions with the appropriate comments. Otherwise, the finances received by the citizen will not be considered alimony under any circumstances.
Grounds for court
Transferring child support to a child’s account by court decision is a very difficult task. And just to achieve its implementation will not work. As already mentioned, the alimony must have grounds on which the second legal representative actually limits access to the finances of the child. Usually in court it is necessary to prove that the mother (it is with her that most often leave the children) spends funds for other purposes. To do this, you can request checks and receipts, as well as provide other evidence of misuse of funds. For example, witness testimony, supported by certain materials: photos, videos, and so on, will do.
There are no further grounds for trial. If the mother rationally uses child support, it is unlikely that it will be possible to transfer funds to the account.Judicial practice shows that this is possible only with inappropriate use of finance.
Additional motives
Alimony for a child at the expense of a minor can be transferred in certain circumstances. Additional motives will be the deviant behavior of the mother. We are talking about the presence of the legal representative of the minor with whom the children live, any dependencies (alcoholism, drugs, and so on). In addition, mental abnormalities and diseases can be attributed here (registration with a psychiatric clinic).
This option takes place after the court decision on determining the order of residence of children. And, as practice shows, the listed reasons are often a reason for reviewing a court order. In these situations, the children may be given to the second parent. And if this did not happen, the court is able to decide on the transfer of child support to the child’s account.
About court documents
In order for a child to be able to transfer money by court order, you will have to try. As we have said, the alimony must appeal to the court. Namely - in the magistrates' court. If you want to reconsider the issue of determining the place of residence of children, you should contact the district judicial authority.
The plaintiff must have:
- passport;
- lawsuit;
- birth certificate of children;
- court ruling on the appointment of alimony;
- Peacekeeping Alimony Agreement (if any);
- evidence of misuse of funds;
- testimony (preferably);
- details of the "children's" account to which the money will be transferred (optional).
If a citizen has a certificate of divorce or marriage, you must attach it as well. Further, it all depends on the decision of the court. If there is reason, child support to the account in the amount of up to 50% (less often - up to 100%) will be allowed to transfer, but with the corresponding transaction signatures. Otherwise, this option does not apply.
Peace agreement
And how can you conclude an agreement on transferring money to a child’s account? This is not so difficult. It is necessary to go to a notary public, having previously opened a bank account in the name of a minor, then draw up an agreement of the established form and sign it.
The parties must have:
- identity cards;
- an extract on the composition of the family (preferably);
- agreement;
- account details of the child;
- birth certificate;
- marriage / divorce certificates, if any.
It is advisable to present a court order (if any) to determine the place of residence of the children. You can write this feature in the studied agreement, along with the rules of communication of minors with alimony.
Open an account
How to open a child account for child support? It is not difficult to do this. The main thing is to understand how to act. To open an account for a minor, you must:
- Choose a bank with which you plan to cooperate.
- Prepare a package of documents for opening an account for a child. We will get acquainted with its components later.
- Contact the bank with a request to open an account.
That's all. In general, the algorithm of actions is not much different from creating a bank account for an adult. The difference lies in the package of documents.
Account documentation
To open an account in the name of the child, you will have to prepare certain papers. It is best to immediately make copies of them and ask the parent with whom the child lives to solve the problem on their own.
To open a bank account you will need:
- a certificate from the registry office about the birth and registration of the child (or the passport of a minor);
- legal representative identification card;
- application for opening an account;
- certificates confirming citizenship (preferably).
If the father deals with the issue, he will be required to:
- court decision;
- birth certificate of a child;
- identification;
- statement of the established form.
That's all.Now it’s clear how “children's” accounts are opened. This is not so difficult. In addition, we found out whether it is possible to transfer child support to the child’s bank account.