It so happened that the process of paying alimony in favor of minor children today is widespread in the territory of the Russian Federation. The basis of legal regulation of this procedure is the Family Code of the Russian Federation and the Law on Enforcement Proceedings.
Citizens who have been assigned the regular procedure of paying a certain amount for the maintenance of their own children who do not live with them are not legally entitled to suspend payments on their own. If a child support debt is incurred, the parent will be held liable. Not all payers are well versed in what kind of income withholdings are made, including whether child support is paid from vacation pay. We will analyze these and other questions below.
Determination of child support and vacation pay
Alimony is payments made to the second parent for the maintenance of minor or legally incompetent children. The stated amount is withheld from the official income of the parent living separately from the child. We will talk more about when to transfer alimony from holidays on account of the maintenance of young children. Vacation is the payment for the days on which the employee rests. In accordance with Art. 81 and 82 of the Family Code of the Russian Federation, withholding of funds for the maintenance of a child is carried out from all types of income, including vacation payments.
Who charges child support
All responsibility for calculating and transferring the allowance for the maintenance of a minor / legally incapacitated child is the responsibility of the financial officer at the payer's place of work (for information on when to transfer child support from vacation pay, see below). The accountant withholds the established amount from the salary, transfers it, and also ensures that the debt for alimony is not formed. Alimony payments are made on the basis of documents regulating the process of their recovery, such as:
- A writ of execution, which is provided by an employee of the Federal Bailiff Service, engaged in this production (case).
- Order from the court issued to the plaintiff after the hearing.
- The agreement of the parties on the payment of alimony, drawn up in writing and certified by a notary public.
What incomes do child support pay?
Child support in the form of alimony is granted to children whose parents are divorced, payments are made in accordance with the approved rules and procedures. As mentioned earlier, withholding is performed from almost all types of payer income, which include:
- Salary at the official place of employment.
- Income derived from doing business.
- And also alimony is kept from holidays (when to list them - read on).
- All kinds of bonuses and rewards.
- Salary allowances for a specific category of employees.
- Copyright rewards.
- Pension accruals.
- Scholarships.
- Funds received from the rental of real estate.
- Material aid.
But in each rule there are exceptions, and for alimony they are also provided for in the law.
Withholding from vacation charges
The Labor Code says that vacation pay is part of the salary that an employee accrues when he leaves for another vacation. That is, these charges are directly related to the official income of the payer. The scheme of deduction from vacation is the same as from salary:
- Twenty-five percent is held for one child.
- Thirty-three percent - for two.
- Fifty percent for three or more children.
If a citizen / citizen, for example, has three children from different marriages, then in this case at least 16% of the amount of his income should be deducted for each minor. It should be noted that the deduction of the allowance for the maintenance of the child from vacation can be carried out on a voluntary basis. To do this, parents must conclude a settlement agreement between themselves, in the text of which the amount of payment agreed upon by the parties is indicated.
Before you know when to pay child support, you need to take into account that the final calculation of the amount of payment is done only after the tax deduction on the income of an individual. That is, child support addressed to a minor child / children will be deducted from the parent's salary only after deduction of 13% in favor of the state.
Control over timely payments is carried out by executive bodies in cooperation with the employer of the payer. When debt is created, bailiffs may intervene.
Methods of transferring child support
Alimony is paid in several ways at once, depending on the recipient's wishes:
- To a bank card account.
- Cash on hand.
- To a bank account.
The selected method is indicated on the writ of execution when sent to the employer.
When to transfer child support
The Russian Labor Code stipulates that payments to employees on vacation should be made within three days before they start, so as not to violate the right to rest. If the company’s financiers for some reason did not transfer the vacation funds to the card or did not give them into their hands, then the employee is legally entitled to postpone the vacation until the organization carries out the corresponding operation.
When to list child support and what you need to know about it? It is important to understand that according to the Legislation, all responsibility for their transfer after transferring the writ of execution to the organization where the payer is employed, rests with the accounting department. The executive bailiff may exercise control over the timeliness and completeness of accruals, as well as conduct inspections if desired. If all the terms and volumes of receipt of money to the beneficiary's account with the bank are respected, the enforcement proceedings may be closed.
The period of receipt of alimony from vacation pay to the recipient is regulated simultaneously by two codes - Labor and Family, namely:
- Article No. 136 of the Labor Code of the Russian Federation establishes that vacation pay should be transferred to an employee three days before he goes on vacation.
- Not sure when to list child support on a card? Article No. 109 of the RF IC determines that the allowance for a minor child must be sent to the recipient within three days after the vacation pay has been transferred to the payer.
In order for all the formalities and rules to be observed, the management or responsible financial person must do the following:
- Withhold the specified amount of alimony from wages, vacation pay and other types of income of the payer.
- Transfer funds to a bank account / card or hand out to the recipient within three days from the day the employee was settled.
Not sure when to list child support? The conditions stated above guarantee the timely payment of alimony. If you understand the terms of the transfer, then formally the funds should fall into the beneficiary's bank account on the first day of the payer's vacation, in practice, they most often arrive on the same date when the accruals were made, provided that there are no delays on the part of the company.
Receiving compensation
We found out whether or not they are held off vacation pay. child support and when to list.In addition, article 24 of the Law on Vacation of the Russian Federation provides a list of situations where the recipient of child support for a minor has the right to rely on compensation for absenteeism on vacation. These include:
- Dismissal of an employee.
- Workplace accident resulting in the death of an employee (all payments are transferred to the heirs).
- Payment of cash equivalent at the expense of days unused as a vacation (alimony is also deducted from them).
- Transfer of an employee to a new office. In this case, he is entitled to a compensation payment, which is paid by the initiator of the movement. He also sets the amount.
Are child support paid when sharing a vacation with a child?
Some parents who pay child support prefer to spend holidays with their children, will deductions be made in this case? In accordance with the legislation, joint rest with children is a voluntary act, which has nothing to do with monthly payments. Therefore, hoping for evasion is not worth it. The only way to count the rest with the child as payment of alimony is to conclude a voluntary agreement between the parents with fixing all the conditions.
When can I return a share of the child support payments?
The law provides for such situations a little, but nevertheless they are. These circumstances include:
- Cancellation of a court order for the payment of alimony.
- When drawing up a voluntary alimony contract under external pressure.
- Failure of the bank system during the transfer operation.
In addition to these situations, when part of the alimony payment can be returned, there are incomes, the alimony of which is not withheld at all.
Non-deductible income types
This list of income is enshrined in article No. 101 of the Law on Enforcement Proceedings of October 2, 2007. Such income includes:
- Compensation for travel, treatment, as well as caring for disabled persons.
- Social security insurance (except for pensions).
- Maternal capital.
- Pension accrual for loss of breadwinner at the expense of the federal budget.
- Various supplements to pensions.
- Compensation payments from the organization where the payer is employed - travel expenses, remuneration at marriage / on the occasion of the birth of a child / death of a loved one, funds issued for depreciation of the device used by the employee in work.
- Child allowances transferred from the federal budget.
- One-time financial assistance paid from budget funds.
Conclusion
So, do I need to list child support? Legislation gives an unequivocal affirmative answer. The procedure for paying funds for the maintenance of young children with vacation pay is the same as for salaries. The maximum amount of the relevant alimony is set in accordance with the Labor and Family Codes, a decision of the judiciary or an agreement between parents certified by a notary.