When a family with imperfect children breaks up, one of the parents must pay child support. Most often, children remain with their mother, and from the income of the father they withhold a sum of money, which is financial assistance to the former spouse who remained with the children.
According to the legislation of the Russian Federation, both parents must provide financial support to their minor children. In some cases, financial deductions are also charged after the child is 18 years old. What income is the child support collected from and what are the specifics of calculating payments? These and other issues will be discussed in this article.
Child Support Retention Rules
Withholding of alimony from a person’s income is only carried out if a writ of execution or a court decision, or an agreement drawn up by spouses, which was previously notarized, is sent to the place where he works, studies (in the case of a scholarship). These documents can be sent to the pension fund. There are times when an instruction to withhold money from income arrives at once in several places.
It is worth considering the fact that personal income tax is first deducted from the employee’s salary, and then child support can be deducted from the remaining amount.
The maximum amount of cash deduction for alimony may not exceed 70% of his monthly income. It is important to understand that a recovery of this size can only be established in a judicial proceeding and in extreme cases, as a rule, in arrears. If an amount greater than 70% has been deducted, it is necessary to apply for a reduction in payment.
What payments are not withheld?
The law provides for property immunities. These include those incomes from which financial support for children is not withheld, as a rule, these include compensation payments of various nature. The legislation establishes the following groups of such income:
- Material assistance or allowance paid to a woman during pregnancy and childbirth. An exception is sick leave income.
- With payments that are provided in connection with the loss of the breadwinner.
- Travel expenses.
- The costs that the employer reimbursed to his employee due to moving to another city that is associated with work.
- Benefits for the military in case of injuries or their families, in the event of the death of a spouse in the service.
- Humanitarian aid in monetary terms.
- Payments from maternity capital.
- Compensation for vouchers for spa holidays for employees or their children.
- Insurance payments. Disability and old age pensions are not taken into account.
- Alimony, which is transferred to the payer for other children.
- Payments for a relative’s funeral.
- Gift giving or winnings.
- The funds that went to the payer by inheritance.
- Other income from which alimony is not withheld. Their complete list can be found in the Law on Enforcement Proceedings.
This list, from which income alimony is not withheld, is prescribed in the Law, namely in Art. 446 Code of Civil Procedure of the Russian Federation and in Art. 101 Federal Law "On Enforcement Proceedings".
The above groups are protected from enforcement by writ of execution. As a general rule, deduction of maintenance payments from these types of income by default should not be charged. But in case of an error, the payer should notify the court, the accounting department of the enterprise and other organizations dealing with this issue.
Cases of Withholding Withholding
The accounting department of the company in which the payer works will cease to withhold child support from his income if:
- employee fired;
- the entire amount has been paid in full;
- a documentary decision to terminate was received.
After the deduction of alimony from the employee’s income ceases, the organization returns a writ of execution indicating the reason for completion.
Alimony withholding income
This list is also regulated by law. Considering the question of what incomes the child support is collected from, it can be noted that they are divided into two parts - wages and others. This list is established by Government Decision No. 841.
The law provides for the following income groups from which alimony is collected:
- Wage.
- Holiday
- Bonuses and bonuses.
- Fees.
- Monetary benefits not only from official wages, but also with additional.
- From the sick leave.
- Payments for harmfulness.
- Compensation for unused vacation.
- Old age and disability pensions.
- Scholarship.
- Income associated with the reorganization of the enterprise.
- Income from the business.
- Income from securities.
- Income from renting an apartment if the rental contract is drawn up in accordance with the law.
- Payments for harm caused to health.
- Profit under the contract for the provision of various services.
Payment of alimony from various types of income is made after deducting all tax and other mandatory payments.
Features of the calculation
An urgent issue for parents is not only from what income child support is withheld, but also what are the features of calculating a monetary penalty. The amount withheld may be either fixed or in the form of a statutory interest.
The retention method is selected depending on the circumstances. For minor children, the percentage method is usually used.
It is possible to use a mixed retention system in cases of:
- if the payer is not officially working or unemployed;
- salary in kind;
- if income is in foreign currency.
Amount of support
The proportion of alimony is calculated based on the number of children:
- for one child - 25%;
- two - 33%;
- three or more - up to 50%.
Under certain circumstances, shares can be increased up to 70% or, conversely, reduced at the request of the payer.
Accrual of alimony from an unemployed payer
Today, a fairly common question is about what income is collected from child support if the payer is not employed. The lack of formal employment is not a reason not to help your own children. Deductions are made in accordance with the status of the payer.
If the payer has the official status of unemployed, in this case he receives an allowance, from which material assistance is collected for children. But, as a rule, this amount is very small.
If an unemployed person is not registered with the employment service, from what income is child support collected? In this case, most often the amount of payments is assigned in accordance with the average earnings in the region of residence or in a solid cash amount.
What will be the evasion of child support?
If the payer hides his income or avoids paying child support, then the following sanctions may apply:
- If after receipt of income within 3 days there was no receipt of the withheld amount of alimony, then a penalty will be charged, which is 0.5% of the income (from which tax was deducted). Penalties will be charged every day.
- The payer will have to pay a penalty, the amount of which is determined by law.
- If the evasion is long and deliberate, then imprisonment of 1 year is possible.
- Appointment of correctional labor, recognizance not to leave, and arrest for 3 months.
- Deprivation of parental rights.
Conclusion
Both parents should support their children in material terms.In case of divorce of spouses, the children will remain with one of them, and the other will have to pay child support, which must be paid in a timely manner, otherwise you can get a punishment, up to arrest. The list of income from which alimony is collected is regulated by law. The size depends, inter alia, on the financial situation of the payer, the number of children and other factors. In addition, the law regulates the income from which child support is not withheld. In case of violation of legal norms, the payer has the right to contact the appropriate authority and receive a recount of the collected amounts.