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Whether alimony payments from a pension are paid: law, features of calculation and amount of deduction

The family law of the Russian state clearly establishes the obligation for the father and mother to provide financial support to their child up to his eighteenth birthday. Moreover, it is not taken into account whether they are employed, are unemployed or, due to their age, receive a pension from the state - obligations for maintenance payments are not withdrawn from them in any case. The same applies to citizens receiving seniority benefits. So, are alimony payments from a military pension paid? Any parent, regardless of their financial support, is obliged to provide financial support to their minor children, including employees of the Armed Forces of the Russian Federation.

This article discusses in detail the questions: how to pay child support from a pension, the amount of deduction, the rules of collection. are pension payments paid?

Recovery feature

There is a significant difference between alimony levied on the income of a working citizen and payments deducted by the Pension Fund. The pension is paid officially, so a negligent parent will not be able to conceal the size of his financial income in order to reduce payments to meet the vital needs of his son or daughter.

Are child support payments collected?

Despite the fact that all parents are required to support their children, many still have some questions. For example, whether child support is paid from a pension. The answer is given in Government Decision No. 841 of July 18, 1996. It contains a list of all types of income, of which the person obligated to pay child support must provide financial support to their young children. In addition to other sources of income, the pension content is indicated there. whether disability pension support is paid

But such payments do not always come in connection with reaching old age. Therefore, it is fair to say that regarding the question of whether child support is paid from a serviceman's pension, one should also refer to this document. After all, as you know, it does not always occur in connection with the achievement of a certain age. To obtain it, you need the length of service. The decree refers not only to old-age pensions, but also to those assigned to the former military in connection with the termination of service, police officers and other persons. Deductions are also made from compensation payments, allowances, etc.

Only one type of social support is excluded from this list - the pension paid in connection with the loss of the breadwinner. Alimony payments cannot be received from her. But there are other types of monetary support for citizens from the state.

Are disability pension benefits paid?

This issue is worth considering in more detail. In accordance with the position of the legislator, reaching the age of retirement or disability due to being recognized as a disabled person does not relieve the citizen of his financial support obligations to the child. It also does not take into account which particular disability group is assigned to the father or mother.whether alimony paid by a serviceman

In the event that pension payments due to disability are the sole income of the alimony payer, the amount of alimony payments will be established on the general grounds provided by law. When a disabled parent has remained able to work and has earnings, this type of income will be recovered simultaneously with deductions from pension payments.

However, the judge, at his discretion, having studied the circumstances of a particular case, can adopt a judicial act that reduces or cancels child support payments - in cases where a disabled parent with a disability is burdened with significant expenses for vital drugs, treatment, etc.

Pension support amount

When an agreement on maintenance payments for the maintenance of an infant is concluded between father and mother, they at their discretion establish their sizes. The only condition is that their decision should not infringe on the interests of children, that is, maintenance payments cannot be lower than the amount that would be established in the judicial authorities when assigning the amount of financial assistance to children. In this situation, the alimony usually makes payments voluntarily. are alimony payments from a military pension

If the parents failed to reach consensus, then funds for the maintenance of children will be charged in the amounts prescribed by the legislator. If the couple has only one baby, he receives 25% of the income, two - 33%, three and more - 50%.

Payments from pension payments may not exceed 50% of the total amount. However, an exception may be made by a judge in special circumstances, and then the child support will have to part with 70% of the income.

How are child support payments collected from pensions?

In order to start the process of deduction of alimony payments from pension payments, you must have one of the executive documents:

  • Maintenance Agreement, certified by a notary.
  • The writ of execution, which is issued after the issuance of a court order or decree on the appointment of alimony.

How to act as a child support?

Often, citizens receiving payments from a second parent to provide for a child ask themselves whether child support is paid from a pension. Many people mistakenly believe that such support can only be provided by able-bodied people. how to pay child support pension retention rate

The receiver can act in two ways:

  • Visit a branch of the bailiffs service where they will dispel doubts about whether child support is paid from retirement. Submit a collection claim and attach an executive document. In the application, in addition to the data of the alimony payer, the method of transferring alimony amounts (to the bank account or by postal order) and the details of the recipient should be indicated. It should be borne in mind that with this option you will have to wait several months, since the enforcement process is associated with various kinds of checks of documents and the financial situation of the payer, inquiries in the organization.
  • A simpler way is to directly contact the district department of the RF PF, which pays a pension to a citizen who is required to support a child. Here, you will also need to make an application for the transfer of maintenance payments, which will indicate the details of the alimony, and attach the execution document. However, in this case, the procedure will take much less time. Already on the next person following the appeal, in whose favor child support payments are collected, money will start to flow to him for a month.

In certain cases, the question of parents arises: are alimony paid from a pension and is a claim collected from all types of cash benefits? In this case, you can refer to government decree No. 841 of July 18, 1996, which governs these relations.


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