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Is child support withheld from the sick leave or not?

Alimony is a fixed or percentage expressed amount that is withheld from a citizen's income in favor of a minor child or several children, or for an adult who is not able to work, a family member.

Payers know that such payments are deducted from their salary. But many are interested in the question of whether child support is withheld from the sick leave. He will be discussed in this article. alimony withheld from sick leave

The legislative framework

She is represented by several legal acts. This issue is regulated by:

  • Family Code of the Russian Federation.
  • The Federal Law of the Russian Federation “On Enforcement Proceedings” dated October 2, 2007 No. 229-ФЗ (as amended on December 28, 2016).
  • Decree of the Government of the Russian Federation “On the List of Types of Wages and Other Income from Which the Maintenance of Alimony for Minor Children is Made” dated July 18, 1996 No. 841 (as amended on April 9, 2015).

Sick leave is the same income

According to the above resolution, alimony payments are withheld from absolutely all types of earnings, with some exceptions, the list of which is given in the law. The temporary disability certificate is not included in the list of such exceptions. This means that on a sick leave, it is lawful and legal to withhold child support from the payer.

If the sick leave is used intentionally, as an excuse not to pay child support, such situations are tantamount to ways to avoid child support.

sick leave support is withheld or not

Another thing is that the newsletter can cause doubts in an inexperienced accountant. As a rule, the question arises - whether alimony from the sick leave is withheld or not, as well as how payments are calculated.

Two options are possible:

  • the same calculation option is used as with the employee's salary;
  • a different procedure for calculating and transferring alimony from the temporary disability certificate is used.

When can a child support allowance be paid?

The Family Code allows you to keep child support from all types of earnings in the event that this happens on the basis of:

  • relevant court decision;
  • notarized agreement.

Size of sick leave support

The state of temporary disability, which confirms the sick leave, still involves obtaining some income, which is calculated according to the length of service of a particular employee and the size of his average salary. This amount, according to the law, is taxed by the individual’s income and represents a certain replacement of earnings for a certain period. Therefore, after a bulletin is provided to the accounting department, child support is deducted from the sick leave. whether child support is withheld from sick leave

But before that, as in the case of wages, the due tax is deducted. The amount of payments to children is as follows:

  • for 1 child, unless otherwise agreed, 25%;
  • for two children, unless otherwise agreed, 33%;
  • for three or more, unless otherwise agreed, 50%.

Obviously, when child support is calculated from sick leave, the size of the payment is important. He is affected by the experience of the employee. Based on the size of the hospital payment, the calculation and the size of the amount of alimony are carried out. In 2017, sick leave is paid in accordance with the following calculations:

  • 100% of average earnings if the experience is equal to or more than 8.5 years;
  • 80% if the experience of this employee is 5-8 years;
  • 60, if the experience of this employee is less than 5 years.

As a rule, child support is deducted from the sick leave in the same amount as from salary.Therefore, the amount can be expressed as a fixed amount, which was spelled out in a notarized special agreement between former spouses. It also cannot be more than 70% of the total income of an individual for a given period. child support is withheld

But it is worth noting that if the sick leave is not indicated in the drawn up agreement as a source of income, the payer can challenge the deduction of such payments from him. Therefore, it is necessary to draw up a notarial agreement correctly and with a competent specialist. It is worth noting that an experienced specialist will always indicate the option when child support is deducted from the sick leave, as a possible way to fulfill parental obligations for financial support of children.

When can payment problems occur?

In addition, there are a number of additional conditions, according to which alimony may be recoverable, but may not be retained upon presentation of a sick leave:

  • Unofficial employment of a citizen allows not to pay alimony from a sheet on temporary disability, since sickness benefit is paid only to those citizens who are registered under the Labor Code or an employment contract.
  • The actual presence or absence of a medical document may affect payment. Alimony is calculated from the sick leave only if the employee submits an official medical document that confirms the fact of contacting a medical institution and undergoing treatment. If there is no evidence, money will not be charged.
  • Alimony will not be withheld from the sick leave if the payer is temporarily incapacitated due to any intentional actions that led to harm to his own health. In such cases, not only child support payments will not be withheld, but temporary disability benefits will not be paid.

Maternity hospital - exception to the rule

There are times when it is not dad who pays alimony, but mom. If it happened that a mother prepares for the birth of a new baby and leaves the maternity leave, then payments will not be withheld from the allowance paid in connection with this. whether child support is withheld

In other words, the state considered that preparing for the birth of a child is a costly affair, and the maternity allowance is not raised to the rank of income, but rather is some kind of social assistance, therefore it is not burdened with such deductions.

But payments during maternity leave and benefits for a child reaching 1.5 years of age are already grounds for paying material support to older children. Fathers who instead of their mother go on vacation to support a child up to one and a half years old will not be able to avoid responsibility, in this case child support is deducted from the sick leave. They are also retained in case of illness of the child, when the parent is forced to sit at home with him. Of course, in this case, medical documents must be properly drawn up.

Sick leave paid by the Social Insurance Fund (FSS)

In some regions of the Russian Federation, a new project of the Fund has been launched, which introduces adjustments to the procedure for payments to staff on the basis of a disability certificate. In the framework of this project, the employer pays to the employee who provides the disability certificate only three days, the FSS takes on the remaining payments. calculate alimony from sick leave

In this case, the accounting department of enterprises deducts from the earnings laid down on the sick leave, a certain amount for the payment of alimony, in accordance with the executive order and a medical document. The social insurance fund does not take over the function of calculating and paying alimony until full information about the obligations is provided.

Responsibility for non-payment

If the payer, using the sick leave, refuses to pay child support, then he is subject to administrative or, in the case of a malicious violation, criminal liability.In addition to the accumulation of arrears in the payment of alimony, he may face deprivation of the rights to control the vehicle or real imprisonment. calculate alimony from sick leave

Conclusion

Summing up the consideration of the issue of whether child support is withheld from the sick-list, it is worth noting that all aspects are prescribed in the law. The state strictly controls the fulfillment by parents of their financial responsibilities of this kind and protects the interests of minor children. Pursuant to the law, parents are obliged to satisfy certain needs for the maintenance of their children, despite the fact that they are in a state of temporary disability, therefore, in most cases alimony is deducted from the sick-list in the same way as from any other income.


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