Enumeration of alimony to a bank card. As alimony is listed: (basic ways)

Not always parents can agree among themselves about the amounts of payments in favor of common minor children. Have to solve this dispute in judicial order. After that, the question is usually arises: how to list the alimony on the actuator? Let's figure it out.

Ways to enumerate alimony

When the court decides on the recovery of alimony in favor of children, opens executive production. The document becomes an executive list, which is usually imposed in the accounting department at work.

There are 4 ways to list alimony:

Through Russian Post;
Through the employer through retaining from wages;
On a bank account;
Through service bailiffs.

The most popular ways are through the employer and independently, with the help of a bank transfer to the score or bank card.

Payment through an employer (accounting)

The employer has the right to keep the amount defined by the court from the wages of his employee. But, this is possible only if the alimonymaker has a permanent job and receives an official salary.

In order to lists the alimony through the employer accounting, it is necessary to write a corresponding application and attach the original to it executive Sheet. The application must specify where to make the listing. As a rule, this is the score opened in any bank in the territory of the Russian Federation. The score must belong to the parent who receives cash In favor of the child.

The application may not only receive the alimony payer itself, but also the parent who will receive these payments. Payments are transferred within 3 days after the payroll alimonymaker. The application is made in free form, below can be familiar with the example.

The organization is not obliged to independently do deductions, for this you need a statement.

Alimony from vacationers

Holding in favor of children is made from all "labor" revenues to which include:

Salary itself;
Holidays;
"Hospital";
Premiums for "harm", heavy working conditions, harsh climatic conditions;
Premium;
Income from entrepreneurial activity;
Other payments that are directly related to work.

Voluntary enumeration of alimony

Let's find out how to list the alimony on the actuator on a voluntary basis. The executive proceedings do not necessarily be to work. You can and independently do deductions.

It is possible to draw in the following ways:

With a personal meeting of the payer and the recipient;
Postal transfer;
Bank transaction.

Cash transfer to receipt

Postal plates

A minus such a way is that the funds can go to the addressee of 5-7 days. This can lead to a delay, and, as a result, debt.

The recipient can refer to the attachments for forced recovery. Therefore, you need to make a translation in advance. Checks must be kept!

Bank transfer

If you make a translation from the account with the help of the Internet banking, then the enrollment will occur instantly for half an hour. Translation history must be preserved.

It is important not to forget to write comments to the payment, where to specify what exactly the payment is happening, otherwise the court may regard payments as a gift or charity.

The transfer of the recipient may also be an employer if an alimony-payer indicated payment details.

Accrual of alimony to the child's account

On the personal account of the child can only be transferred 50% of the entire amount of alimony. The remaining 50% should leave the parent / guardian / trustee, that is, the person who carries out the actual care of the child.

You can make enumerations on a personal account:

If the recipient and payer have agreed. There must be a written agreement;
By the tribunal's decision;
On their own initiative. In this case, the alimonymaker can deduct additional funds.

If payments are not made

If there is an executive list, but the payer is not in a hurry to make deductions, then you need to contact the bailiffs. They will accumulate the specified amounts in the debtor in a compulsory.

Within 1 day after the appeal, the bailiffs must initiate office work, send a copy of all documents, as well as the court decision, a defaulter, and notify him of criminal liability for non-payment.

The alimony-payer is prescribed to provide information on its income, as well as make payments voluntarily. If the debtor still ignores his obligations, the bailiffs begin to accrue.

If the recipient has already conveyed to the bailiffs, it is recommended to immediately pay off debt. Otherwise, the non-payer will be brought to justice.

Responsibility for non-payment

ban on departure to other countries;
the inability to make a loan;
property arrest;
deprivation of rights to managing vehicles;
deprivation of the debtor of parental rights for children;
attracting criminal or administrative responsibility.

If the debtor's location is unknown, the bailiffs turn into law enforcement agencies.

If the parent is malicious (that is, half a year and no longer pays) evades the material content of his child, it is imposed on it - from material to criminal.

But, to attract responsibility, it is necessary to accurately establish the fact of the guilt of the debtor. If the debts arose for a good reason, then the responsibility is not applied.

But the law definitely does not interrupt the concept of "valid reason." But, as shown arbitrage practice, such can be attributed to:

Long-term alimony-payer disease;
Finding it in the hospital;
Employer's fault;
Other reasons.

But, if we are talking about the transfer of payments through accounting, then the reason for long-term disease and stay in the hospital is not respectful, as the employer is obliged to hold retention with payments on the hospital. Tools are transferred in the established amount.

"And they lived happily ever already" - so often fairy tales are ends. Unfortunately, people do not always be transformed into life. But even when families disintegrate, the former spouses have a duty to keep their children, which is not all willing to perform voluntarily. Therefore, a document can be received in the accounting department providing for juvenile children from income (Article 109 of the RF IC):

(or) Your employee, including a part-to-room;

(or) the participant in the Company receiving dividends from your company;

(or) a person hired by your civil law contract.

Some improper actions of an accountant are fraught not just discontent with the recipient of alimony. He has the right to complain to the bailiff-performer, assume that the alimony is not listed on time or incorrectly considered. And bailiffs on such a complaint can check your company and finf by such violations (paragraph 2 of article 12 of the Law of 21.07.1997 N 118-FZ). Perhaps the penalty is also the head or chief of chief (part 3 of Art. 17.14, part 1 of Art. 23.68 of the Administrative Code of the Russian Federation).

Aliminal documents

Rawing for deduction of alimony

You must hold the alimony if I entered the company by mail, personally from the bailiff or from the recipient of alimony original of any executive document (Part 1 of Art. 12, Part 3 of Art. 98 of the Law of 02.10.2007 N 229-FZ (hereinafter - the law N 229-FZ)):

(or) executive Sheet;

(or) judicial order;

(or) notarized alimony payment agreement.

Either you can do decree of the bailiff On addressing the recovery in the debtor with the application of a copy of one of the above executive documents (part 3 of article 12 of the Law N 229-FZ).

Carefully read the resulting executive document: It is important for you to see exactly how much money and how long you have to list. So, the term of the agreement on the payment of alimony can be established in the convention itself. If the agreement is not specified in the agreement, then it acts until the child's majority, as well as judicial order and executive list (paragraph 2 of Art. 120 of the RF IC).

Still pay attention to whether there are in these documents bank details recipient alimony. If only its postal address is specified, then you will have to send money to mail by postal transfer. It is possible that such a way to transfer alimony is inconvenient. Therefore, without violating the list of listings, send the current payments by mail, but try to contact the recipient. Ask him and write to you requisites. So you will further simplify the process of enumerating alimony.

If you enrolled a copy of the executive document or court decision you have the right not to hold alimony. You can send this copy back to the addressee by requesting the original executive document from him, or at all in no way respond to the "incorrect" document received by you.

In addition, talk to your employee for whom you have seen a copy of the executive document to hold alimony. Explain to him that by the time the original executive document is received, can accumulate large debt According to the alimony from the date, which is indicated in the executive document, on the month of its receipt to you. And it will have to hold it, in addition to the principal amount of alimony.

To avoid accumulation of such an alimony debt, start holding and paying alimony by the employee's statement, which he can write, for example, so.

By the way, do not confuse a copy of the executive document with its duplicate. Duplicate equates to the original, and therefore, when you receive a duplicate, you must hold alimony.

If the worker wants to voluntarily contain his child, then you can hold the alimony from him without the executive document. Keep in mind that it is not necessary to hold money in someone's benefit, but you are not obliged to hold the employee. For you, this is an additional work, and therefore you have the right to refuse an employee in such a "service."

If you are ready to fulfill the employee's request, ask him to make a more detailed statement.

From the statement of the employee about the voluntary payment of alimony should
be visible

when you must start retaining alimony;
what payments need to be held;
in what size he is going to pay alimony;
for what time money must be transferred to the recipient of the alimony;
which details are transferred to money

With the voluntary payment of alimony, the employee at any time can change any of the predetermined parameters (for example, to increase / decrease the size of the alimony, transfer their payout), submitting a new application for the name of the head. Check the correctness and timeliness of the transfer of voluntary alimony bailiffs cannot.

Fix the receipt of the executive document

It is necessary to carefully approach the receipt, accounting and storage of the executive document. It is better to act like this.

We warn the manager. For the loss of the executive document The baits may finf by the head or chief of chubuch by 15,000 - 20,000 rubles, and the organization itself - by 50,000 - 100,000 rubles. (Part 3 of Art. 17.14 of the Administrative Code of the Russian Federation).

Step 1. Prepare on the signature to the head order for the appointment of a responsible employee For receiving and storing executive documents. Such an order will not need only if such functions already have in the job description of someone from employees, suppose in the instructions of the accountant for salaries.

With such a detailed division of the powers of the bailiffs when checking for incorrect calculation of the alimony or loss of the actuator, most likely, do not fly away the chief accountant as executiveresponsible for the entire accounting company (Lenoblsud's decision from 11/29/2011 N 7-871 / 2011). A person will have to answer, the responsibility of which includes the storage of the executive document and the calculation on it.

Touch the manager. In accounting should be clear job descriptions for each employee, Including the procedure for working with executive documents.

But if you won't have a order for the appointment of the executive documents responsible for the executive documents official instructions, binding a specific employee to engage in the execution of alimony, then perhaps, for the loss of the executive document will have to be responsible to the head of the company or chubbuhu as officials.

Step 2. Write down the details of the executive document enabled to a private journal. Responsibilities to keep such a magazine legislation is not provided for, but to account for executive documents, especially if you have several of them, it is still useful (part I memo). In particular, at least in order for the person who replaced you during your temporary absence, it could easily navigate, with whom when and how much to hold.

The form of the "executive" magazine you can develop yourself. For example, so.

Step 3. Notify the bailiff for the receipt of the executive documentIf a copy of the executive document came from him with a decree on the recovery of the debtor's salary. This requirement is provided for by FSSP techniques. And although for disappointment, the responsibility is not established if the bailiffs do not receive a notice of adopting an executive document, this may serve as a reason for checking your company for the correctness and timeliness of holding and enumeration of alimony.

Attention! If the Pickup After sending documents to your execution does not receive within a reasonable period of your notification of their receipt, it can come to you with check.

Therefore, better on the day of receipt of the decision, send a notice to balance. If the notification form is not attached to the executive document, then write a message independently in arbitrary form. The message can be confirmed by the fact that you received the executive document, its inbound number and date, the signature of the employee responsible for receiving the executive document, the printing of your company and is specified your phone (part I memo).

Step 4. Place the received executive documents in a safe or closed cabinet, a box (part I memo; clause 6.2 of the provisions on documents and document flow in accounting, approved. The USSR Ministry of Finance 29.07.1983 N 105).

Aliminal algorithm

For the correct deduction of alimony, you need to act like this.

Step 1. Look, from which payments an employee needs to keep alimony.

Attention! Alimony should be calculated on the basis of income from which NDFL has already been retained (Article 99 of the Law N 229-FZ).

Hold alimony from an employee's income in cash or natural form, including with allowance for temporary disability, compensation for unused vacation and premiums stipulated by the labor contract / position on remuneration. Remember that there are payments from which the alimony can not be taken. In particular, it is forbidden to hold alimony (Article 101 of the Law N 229-FZ; paragraph 2 of the List, approved. Decree of the Government of the Russian Federation of 07/18/1996 N 841):

from material assistance (for example, rendered to an employee in connection with a natural disaster, fire, the death of his close relative, the birth of a child);
from the payment of therapeutic and preventive nutrition issued in accordance with the labor legislation;
from compensatory payments (for example, with the allowance for the rotational method of work, pay to the place of watch or business trip, compensation for using a personal property employee for official purposes);
with child benefits (in particular, with maternity benefits, one-time allowance at the birth of a child, monthly benefit for child care);
from the revenues arising from the employee as a result of the purchase of his property.

Keep in mind the following nuances:

from the income of the employee in kind, too, it is necessary to calculate the alimony and keep them at the very first pay in cash in cash. The cost of natural income to hold alimony is calculated in the same way as for paying salary and calculus NDFL. For example, if the natural part of the salary is paid by the service employee, then consider the cost of lunches indicated in the employment contract with an employee or local regulatory act;
alimony should be held only with the amount of income due to employee. For example, if the employee had absenteeism, then for the calculation it is necessary to take the actual amount accrued during the time, and not complete salary;
alimony should be held with each income payment, including with an advance. This allows not to create arrears in alimony in a situation where an advance of half of the salary is issued, and the remainder of the salary is missing for the payment of the entire amount of alimony.

The employee from whom the alimony is held (according to his application or under the executive document) is entitled to deduct on personal income on the child for each month, until the income of the increasing result from the beginning of the year will not exceed 280,000 rubles, in the amount (subparagraph 4 of paragraph 1 Art. 218 of the Tax Code of the Russian Federation; a letter of the Ministry of Finance of Russia of 30.05.2011 No. 03-04-06 / 1-125):

(or) at 1400 rubles. - at the first and second child;

(or) 3000 rubles. - on the third and each subsequent child.

To provide NDFL deductions, ask the Alimenter to bring you a copy of the child's birth certificate, as well as a copy of a marriage termination certificate if he is terminated (a letter of the Ministry of Finance of Russia of 30.05.2011 No. 03-04-06 / 1-125).

Step 2. See what the size of the alimony is specified in the executive document / statement of the employee.

Option 1. Alimony are determined by this (paragraph 1 of Art. 81 of the RF IC):

(or) 1/4 of the income of the Alimenter - per child;

(or) 1/3 income - on two children;

(or) 1/2 income - on three or more children.

Option 2. The size of the alimony is set to a multiple value. subsistence minimum . Then look at its importance in the decision of the Government of the Region, where the recipient of the alimony resides (paragraph 1 of Art. 117 of the RF IC), and substitute the formula into the executive document. See the Decree setting the amount of the subsistence minimum, acting at the time of counting the amount to your deduction.

If in the region where the recipient of the alimony lives, there is no subsistence minimum, use the value established in Russia as a whole. Recall, at the first quarter of 2014 it was 7452 rubles. (Resolution of the Government of the Russian Federation of 26.06.2014 N 586).

But keep in mind that the decision to increase the subsistence minimum for a certain quarter can come out later than the end of this quarter. That's what we were told in connection with this in the service of bailiffs.

From authoritative sources. Korobitsyn Timur Georgievich, Head of Department for Interaction with Media Management Federal Service bailiffs in Moscow
"The legislation does not provide for a special order of calculating the alimony and recalculation of their amount due to the establishment of the subsistence minimum for a particular quarter already at its passage. The bailiff service has previously clarified that when indexing alimony, depending on the subsistence minimum, it is necessary to take its magnitude" at the time of calculation. "(Letter of FSSP of Russia from 21.12.2011 N 12 / 01-31164-AP).
But if you take a detrimental minimum permafrost at the time of calculationThe size of the alimony is "late" for the real subsistence minimum of the quarter for which they are paid. The rights of the recipient of the alimony are violated..
therefore need to use the subsistence minimum set for a specific quarterAlthough at his pass. So, in the case of the document on increasing the amount of the subsistence minimum, after the expiration of that period, for which the alimony is already kept, the alimony for this period is advisable to recalculate. "

Attention! If the amount of the subsistence minimum decreased, then the alimony should be kept in the sum in which they were held in the previous quarter.

In a situation where you counted the alimony for the same minimum:

(if) an alimony continues to work with you, safer to recalculate the amount of deduction. If you do not do this, when checking, the bailiffs may be fined for the error of calculating alimony;

(if) an alimony broke up to the time it became known about increasing the subsistence minimum in the past quarter, you should not recalculate anything.

Option 3. The size of the alimony is specified in the fixed amount. Please note whether in the executive documents the procedure for indexing the initial amount of alimony is provided. For example, a periodic increase in the amount of payments, the parties can agree on a notarial agreement. Your task is to track the indexing period, after which you will need to increase the aliminal amount to hold (Articles 83, 105, 117 of the RF IQ).

If the executive documents do not provide a special procedure for indexing the amount of alimony, then you will need to index them general rule (Part 1 of Article 102 of the Law N 229-FZ; paragraph 1 of Art. 117 of the RF IC) for such a formula:

The amount of alimony held from the employee \u003d ( Fixed amount The alimony specified in the executive document of the subsistence minimum at the time of calculating the alimony to hold) / the size of the subsistence minimum, which at the time of the court decision on the recovery of alimony or the conclusion of an agreement on the payment of alimony

Step 3. Hold the calculated amount of alimony, taking into account the legislation set limits, as well as the order of deductions, if the money of the employee lacks all payments, depending on the situation.

For reference. The first stage of payments, in addition to the payment of alimony on minor children, belong (paragraph 1 of Part 1 of Art. 111 of the Law N 229-FZ):

compensation for harm caused to health;
compensation for harm in connection with the death of the breadwinner;
compensation for damage caused by a crime;
compensation of moral damage.

Situation 1. Only alimony on executive documents are accumulated. You can keep the amount that does not exceed 70% of the pure income of the employee (that is, income for deducting NDFL) (Part 3 of Art. 99 of the Law N 229-FZ; Art. 138 of the Labor Code of the Russian Federation).

Situation 2. Alimony are accumulated and some other payments on executive documents. For example:

(or) Alimony + compensation for material damage, that is, in addition to alimony, the debtor has no first stage payout. Then:

(if) the amount of alimony and other payments does not exceed 50% earnings, then first hold the alimony, and then other payments, but in general, no more than 50% of net income;

( Debt for material damage will not work, until they stop alimine payments. Suppose an employee's income minus NDFL for May 2014 - 20,000 rubles. Of these, it is necessary to keep the child's alimony in the amount of 12,000 rubles. and compensation for harm caused by property as a result of an accident, in the amount of 20,000 rubles. Since the amount of alimony (12,000 rubles) is 60% of the employee's income for May 2014, you can only hold alimony in May (12,000 rubles);

(or) Alimony + compensation for health, that is, everything debtor payments are among the first stage. Then you must have 70% of the income of the alimenter to distribute between all the recipients of the first stage in proportion to the amount due to each of them.

Example. Calculation of the amount of alimony when the debtor's income fails to pay several recipients of the first stage

Condition

In accounting, there are three executive sheets per employee. For two of them, it is necessary to hold alimony on two children in the amount of 10,000 rubles. For everyone, and in the third - compensation for harm caused by health as a result of an accident, in the amount of 20,000 rubles.
The income of the employee for May 2014 minus NDFL amounted to 30,000 rubles.

Decision

First calculate the maximum amount to hold. It will be 21,000 rubles. (30 000 rub. X 70%). Since the amount of requirements (40,000 rubles (10 000 rubles. + 10 000 rubles. + 20 000 rubles.)) More than the amount that it is permissible to hold (21,000 rubles), do in May 2014. So:

for two executive documents, hold the alimony of 5250 rubles. for each child (21 000 rubles. x 10 000 rubles / 40,000 rubles);
according to the third document, hold 10 500 rubles. At the expense of compensation for harm to health (21,000 rubles. x 20 000 rubles / 40,000 rubles).

Situation 3. Only alimony are accumulated on a statement about their voluntary payment.. You can hold any amount specified by the employee in such a statement. Up to 100% of its earnings.

Situation 4. Alimony on a statement about their voluntary payment and any other payments on executive documents are accumulated. You must comply with such a sequence of retention:

1) first accumulate on the executive document of alimony and other payments of the first stage;

2) then - other retention on executive documents;

3) Recently - voluntary alimony on the written statement of the employee.

We list the alimony of the recipient

Bailiffs can check not only the correct calculation of the alimony held by the executive document, but also the timeliness of their transfer to the recipient.

When and how to convey the alimony to the recipient

"Separated" from the salary of an employee alimony should be transferred to the recipient within 3 working days from the date of each payment, from which the alimony is kept (Article 109 of the RF IC; Part 2 of Art. 15, Part 3 of Art. 98 of the Law N 229-FZ). This can be done in one of the following ways.

Method 1. If you have the details of the recipient's account, list the alimony by the payment order, indicating the order of payment "1" (paragraph 2 of Art. 855 of the Civil Code of the Russian Federation).

Method 2. If you have only postal address Recipient, send alimony by postal transfer. The procedure will be like this.

Step 1. Get in cash in cash in the amount of the sum of the alimony and the approximate amount of the commission for the postal transfer. In the appointment of payment in the check, write down "on wages".

Step 2. Establish an employee who will go to the mail to send a translation, money under the report and power of attorney on behalf of the organization to send them. In the letterhead for the postal transfer, let the employee write: in the lines "to" and "where" - Fm.o. and the address of the recipient of the alimony, in the line "from whom" - the name of your company and the necessary details, in the "Message" section - the phrase "Alimony on the content of Full name from Fm.o.".

Step 3. Take from the employee who sent the money, an advance report with the application of checks issued by the post office.

Step 4. Correct this advance report from the manager.

Step 5. Establish an employee of money if the size of the postal commission turned out to be more. And if it turned out to be less, check out the amounts of unnecessarily issued amounts.

Who keep the cost of sending alimony

Alimony is always listed due to their payer (Article 109 of the RF IC), therefore:

(if) you send alimony through the bank, then the amount of the commission for sending can hold from the alimentarier together with the sum of alimony;

(If) you send an alimony by postal transfer, the already known amount of the postal commission for previous alimony to hold from the alimenter when the income pay him.

Where to note the payment of alimony

You can conduct a separate registry for each debtor. From it, you and the attracting when checking will see the amount left from the employee, the remaining debt on its alimony obligations to any date and amount listed by the recipient of the alimony.

Example. Filling out the register of debt sums on executive documents

Condition

From the employee A.S. Barabanova needs to hold alimony on two children in the amount of 10,000 rubles. for each and amount in compensation for harm to health in the amount of 20,000 rubles.
Barabanov's income is paid twice a month.

Decision

Registers on alimony executive sheets are filled equally. We give one of them, as well as the registry on the amounts held at the expense of damage to health.

Stop retaining alimony

You are removed with the obligation to keep alimony in the following situations.

Situation 1. Worker quit

You must return the executive document to the one who sent it to you (by the recipient of the alimony or bailiff), with the accompanying letter of such a content (a letter of FSSP of Russia of June 25, 2012 No. 12 / 01-15257).

By the way, we recall that if the executive document came through the bailiff, then you still have to notify the recipient of the alimony that their payer quit (paragraph 1, Art. 111 of the RF IC).

Council. When dismissing an employee, look at our registers of aliments, if he has any alimony obligations. If there is, then, preparing documents on the dismissal of an employee, make up and send a notice of the debt to attract and the recipient of the alimony, so as not to forget about this message.
In the RF IC, this notice is given 3 days. But in the "executive" law, it is said that it is necessary to inform immediately (paragraph 1 of Art. 111 of the RF IC; Part 4 of Art. 98 of the Law N 229-FZ). Recall that lateness with the notification can turn into fines for a company by 50,000 - 100,000 rubles, and for its leader or chief holder - by 15,000 - 20,000 rubles. (Part 3 of Art. 17.14, Art. 23.68 of the Administrative Code of the Russian Federation). And taking into account the fact that it is fined for violation of the executive proceedings (part 3 of article 17.14 of the Administrative Code of the Russian Federation), it is better to notify the bailiffs and a recoverer no later than the working day following the day of the dismissal of an alimenter.

Situation 2. The child turned 18 years old

The date of birth of a child you will learn from the executive document. In that month, in which the child's majority comes, you will also have to keep alimony from income alimony, but partly. Calculate them like this (paragraph 2 of Art. 120 of the RF IC):

Alimony in the month of the child's majority \u003d (Alimony for the entire month x number of days in a month to day, following the day of the 18th anniversary of the child) / Number of days in a month

You need:

(if) an alimenter has no debts on aliminal obligations - to send an executive document by bailiff or the recipient of the alimony (depending on who sent it to you);

(if) an alimenter has debts on alimony obligations - to hold them to full repayment And only after that send an executive document by bailiff or the recipient of alimony.

Aliminal accounting

When holding and enumerating the alimony, their recipient must be made such wiring.


Accrued salary	20 "Basic Production" (26 " General running costs", 44" Sale expenses ")
Pustomed NDFL with the amount of paid salary	70 "Calculations with staff on wage"	68 "Calculations for taxes and fees"
Owned out of salary amount of alimony	70 "Calculations with staff on wage"
Such a wiring in retaining from the salaries of the amount of alimony is made only for the amount that you really hold now. But if when paying income it is impossible to fully hold the alimony, then the amount of debt can consider: (or) in a separate register, we told about; (or) in accounting on off-balance
The Bank's Commission for the Enumeration of Aliments cashless payment	70 "Calculations with staff on wage"	76 "Calculations with different debtors and creditors"
Salary paid	70 "Calculations with staff on wage"	50 "Cashier", 51 "Settlements"
Listed alimony to their recipient	76 "Calculations with different debtors and creditors"	51 "Settlements"

By the way, if the alimony is held with the amounts of dividends, then the wiring will be the same, only instead of account 70 it is necessary to apply 75 "calculations with the founders", subaccount "Calculations for income payment".

Reflect in accounting commission for sending money to their recipientWhen the alimony is listed by postal transfer, it is necessary so.


Received on the cashier from the current account money to send alimony and pay postal translation		51 "Settlements"
Received money issued under the report
Employee reported on sending alimony	76 "Calculations with different debtors and creditors"	71 "Calculations with accountable persons"
Overly issued for the report money is returned to the cashier		71 "Calculations with accountable persons"
The postal commission is kept in the following accrual of an income employee	70 "Calculations with staff on wage"	76 "Calculations with different debtors and creditors"

If you did not hold the alimony at all or kept them in a smaller amount, the recipient may via the court to recover from your organization the entire amount of alimony to be held with an employee for its work in your organization, but not received by the recipient for your fault (Article 118 of the Law N 229-FZ; the appeal definition of the Moscow City Court of 14.03.2013 N 11-8233).

It may turn out that the executive document will go to you after the dismissal of your employee. Then simply return the executive document to the one who sent it to you, and write in the accompanying document, from what date the debtor does not work with you.

Council. Any documents to the bailiffs or the recipient of the alimony send a secret with the description of the attachment. Investing an employee of the Et Inventory Investments in the letter, leave you so that you can prove, what documents and when you sent.

September 2014

The marriage process can be fast and easy, but often complicated by the presence of juvenile children. With a constructive dialog, it is better to sign an agreement with a notary and voluntarily determine the size and procedure for financial assistance. Practice shows that in most cases it is impossible to agree on the parties. The question arises about how the alimony is calculated in the future. These questions are interested in both sides, therefore all the nuances of the procedure will be considered here.

How to calculate the size of alimony

When an agreement is concluded, then the parties have the right to determine the amount of payments, as well as their timing. An optional condition is a monthly transfer of money. Possible option and once a quarter, half a year, year. The main thing is that the recipient makes this option, and the sender knew exactly how to pay the alimony voluntarily. In the absence of a compromise, the only way out is the court, where accruals are charged under the general rules.

To the category

How much money can be obtained from a working father

Often, financial assistance is charged with the salary of the defendant, as well as from all its income. There is only one right here: 25% of income is subject to 1 kid, 2-33%, for three or more - 50%.

Even if, after receiving a court decision, the mother learned that the man had additional earnings, but he siled about it, then you can start a new hearing of the case of increasing the size of aliminal payments. It is only important to collect evidence to convince the court, and preferably written.

If initially it turned out to achieve agreement, but in the future it was not fulfilled, then in the absence of transfer, the mother can also appeal for help in court. By the way, the appeal to the court legally reasonably in the absence of money for six months.

To the category

How to recover money from unemployed

Whatever enough, but from a broken respondent, you can also get something. In the lawsuit, when confirmed by the defendant, the absence of livelihoods may discuss the possibility of making transfer to solid monetary sum.

The defendant will be established to record the employment center, which will be a confirmation of his desire to find a source of income. In extreme cases, the judge will consider deductions from unemployment benefits. True, now the maximum level of such a manual is only 4900 rubles. The Father according to the law is obliged to contain minors, so there will be a motivated court decision.

If the defendant is not registered in the search for work and does not want to become, the court will address these actions as malicious evasion from financial assistance to its former family, and this is already a reason for the beginning of the criminal process.

After the court, the decision is necessarily directed by the bailiffs that are starting with respect to the defendant executive proceedings. It is they who will have to solve the question of how the alimony is paid if a person does not work. When establishing a fixed amount of payment of payments, the sender each month is obliged to submit evidence of making transfer.

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What are the ways to transfer money to the child

Both after signing the agreement and after making judicial decision, the payer will definitely be the question of how alimony for a child is paid. There are different alternative methods, for each of which should take into account the nuances.

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As accounting should translate funds from salary

Often money on the child is listed from the salary of the Father, for which it is necessary to submit to the accounting department of the organization:

Notarized agreement between parents.
Performance list.
Father's statement, if he is interested in how to correctly pay alimony without applying to a notary or to court.

In the accompanying statement, the employee must contain:

date of the start of deductions;
frequency of payments;
payment size;
recipient details (address in case of sending mail);
Full name of the recipient and the full name of the minor.

According to the law, under the threat of overlapping administrative fine At the head of the accounting of the organization should be extremely careful about how the alimony from salaries are paid. Not later than three days after the issuance of the salary is made by the transfer of the mother. Even with several children from the father, the total payment cannot exceed 70% of its earnings.

Calculation of accounting produces only with the amount that remains after paying taxes. Awards are taken into account, vacation premiums, vacation and any kind of income received by the employee in this company. The amount of payment is held with the employee's salaries and is listed from the settlement account of the organization.

Accounting workers should understand that the executive list is an official document, the loss of which legislation provides for a fine. Usually the arrival of the executive list is celebrated in the magazine of incoming documents, as well as internal order assigned a person responsible for storage.

When transferring a payer to another job or when he dismissed, the organization is obliged to report this judicial attachment. It is advisable to specify his new place of work.

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How to make a transfer of alimony through mail

The law does not have restrictions on the choice of a method for making payments for a minor. The postal transfer is legally legally legal and can be carried out as an accounting accounting department, in the absence of a bank account recipient, and the payer itself in a voluntary form on the basis of an agreement or forced, according to the executive leaf. This type of enholes for recipients living in villages and villages is relevant.

Before paying alimony through the mail, you need to consider several important rules And specify the mandatory details in the translation, allowing you to clearly track that it is money for a child that is listed:

Address of the recipient.
Full recipient.
Full name of a minor, in favor of which money is listed.
The period for which an aliminal payment is performed.
The salary amount with which the payment is calculated.
Number of working days spent.
Tax that has been retained.
The amount of payment itself.
When transferring debt, the residue size is indicated.
The payment takes place in a clear time - three days later from the receipt of the income payler.
The amount of payment should not differ from the agreed in agreement or the executive list.

When listed, produced voluntarily under the terms of the agreement, it is necessary to specify only the beneficiary name, exact address and the amount.

All these rules are required, since only with their accurate observance it is possible to prove the fact of transfer in the event of a court case. For the same purpose, it is better to save all receipts where the date and number of sent money is displayed.

To make a listing, the payer's passport is necessary, as well as the payment of the postal collection, the amount of which is added in excess of the indicated for the listing. The payer will see money within five days after sending them.

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How to transfer money to a child from a bank card

Since paying alimony through Sberbank is available to each modern father, then this method is used everywhere. Today it is already not necessary to conduct long hours in queues before the cash register, but you can connect the application online and perform deductions without leaving home or office.

In order for the payer to appear this method of payment, you just need to open an account or get a card in the bank. The latter is more convenient for the work of further enumerations by the following ways:

Terminal or ATM. Devices are located in all branches of Sberbank, as well as in some places of the city, but in the latter case there is not always a function of transferring money from the device. Reliable to use ATMs in branches.
Application "Sberbank online". Through a smartphone, the translation is performed on the recipient's current account, and on its card.
Using the system " Mobile Bank»And Internet access can also be deducted.
Through the cashier in the branch of the bank.

Translation of alimony through a Sberbank map is very convenient

If the translation is made between bank clients, the Commission is usually not charged. When translating between different banks We will have to pay for the commission. The recipient will be able to make money through one, a maximum of three hours.

All receipts are also better to maintain, because they are confirmed by the fulfillment of aliminal obligations. In the case of transferring funds using an ATM, it is better to make a photocopy with a receipt by the apparatus, as it is printed on special paper, which for a short time fades. When making an electronic payment it is necessary to print the receipt of payment.

In any case, it is necessary to indicate in the appointment of the payment of the word "alimony", since otherwise unscrupulous mothers may declare in court that these funds were simply financial assistance, and the father will have a debt. The court needs evidence, and they will be preserved receipts.

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How to pay a penalty and debt

And penalties, and payments for payments most often have to be proved in the judicial instance. When considering the question of how a penalty for alimony is paid, the judge should be determined whether it was negotiable or legal. The fact is that according to the law the size of the penalty for each day of delay is 0.5%, while parents could agree on a different amount, and there are no restrictions. If the agreement forgot to specify this item, then apply general rules. The amount of debt will increase every day until the payer will pay it.

Alimony debt is summarized from all not listed on time. It is also mandatory for payment, but the court takes into account only the last three years, not more.

Be sure to consider the cause of debt. After the court decision, the duty will be charged bailiffs. Since the alimony arrears are usually paid at a time, and parts, then the relevant payer documents are best attributed to the bailiffs service.

You can, of course, personally give the mother money to get a receipt from her, but this option is rare, and it is complicated in the event of a stay in different cities. Whatever the method of transferring money for a minor, it is necessary to do this on time, because no one has canceled the responsibilities of the Father in the provision of financial assistance to its children.

The law obliges both parents to contain children, that is, to invest money to meet various needs. If a child is disabled, then the duty is performed before its ages or until the end of the day educational institution. The divorce of the parents does not exempt them from duties before children. Money content is one of the former spouses will be paid in the form of alimony. Their size is determined either or judicial act. Consider how the enumeration of the alimony should occur.

Basic ways to pay alimony

Even conscientious parents do not always know how to correctly list the alimony. For this there are several ways, one of which can be chosen to execute the responsibility for the maintenance of the child. The law allow for alimony:

through the employer;
, postal or banking parent, with whom the child lives;
transfer to the bank account of the child himself;
cash transmission.

The method of transmitting alimony is prescribed in an alimony agreement if the spouses managed to agree on this and assured the compiled document in the notary. The court decision may also contain the enumeration of permissible methods and the deadline for the transfer of alimony. Or the payer itself determines how it is more convenient to transfer funds.

The transfer method does not matter if the duty is performed on time. When evading the payer and bailiff intervention, the payment procedure can be determined forcibly. For the tranquility of the payer itself and confirming its good faith in the event of a dispute with a former spouse, it is necessary to have a confirmation of each payment. Its form depends on the method used.

Enumeration of alimony by postal or bank transfer

Most often, the payer uses the system to pay alimony money transfers. Until recently, it was popular. When sending alimony, a receipt is issued, where the date and amount is reflected. The percentage for such a translation is small, send and get funds can be in cash. But you have to wait a few days.

With the development of Internet banking, most of the payers prefers to enjoy transfers to bank card. If they are performed within the same bank, the percentage of the translation is usually not charged. Funds are credited immediately, you do not even need to go to the bank office, everything is performed from a computer or mobile phone. Receipt indicating the date and purpose of payment can be saved in in electronic format or print.

Enumeration of funds for the personal account of the child

Alimony is paid to the child, but by virtue of incomplete legalness, it does not have the ability to get them and use. From his behalf, one of the parents is disposed of money, he also acts as a payer. However, it is permissible to list the alimony tools and. For example, if parents have agreed in advance.

The opening of the account to which the parent has no access is performed in the event that he admitted misuse of funds. But such a fact must be installed by the court. Payer and Po own initiative It can open a cumulative account in addition to agreed alimony and regularly replenish it. The right to dispose of accumulated funds will appear in a child after age or emancipation.

Transfer alimony cash

The agreement on the voluntary payment of alimony may also provide for the transfer of money in cash. If the parents are convenient that this method is convenient, they may well use it. However, for the payer itself it is necessary to confirm the fact of their responsibilities in case of the occurrence of any conflict. Therefore, lawyers advise every time or an act of money transfer.

A variation of cash transmission may be acquired by a payer of the alimony of things needed by a child: clothes, shoes, school supplies. Payment of circles or sports sections can also be performed from the amount of alimony. To confirm the fact of payment and the size of spent funds, it will not be superfluous to maintain checks and receipts.

Alimony enumeration by employer

Alimony is not necessarily listed. You can entrust this duty to the employer. For this, the payer himself, his former spouse or bailiff writes to the head of the head of the statement and is imposed in the accounting department of the employer.

From the date of his transfer to the dismissal of a payer or until the age of majority of his child, the Accounting will translate a part of the salaries accrued to his employee to the account that will be specified in the application. Ask for the consent of the employee is not necessary, the calculation of the required amount is automatically produced. In the calculated leaf, issued by the accounting, will reflect the retained amount and its purpose.

The listing occurs on the day of salaries directly from the current account of the organization. The payer of the alimony does not need to write a statement every time or receive, and then translate funds. When dismissing the executive document, on the basis of which the listing was carried out, the payer or bailiff is returned. In the future, the whole process how to transfer alimony for the employee is repeated from the new employer.

What payments are holding alimony

Alimony appointed, listed by the employer not only with salaries. By income, the part of which is due to the child in the form of alimony, belong:

various premiums;
holidays;
allowance and surcharges for non-standard working conditions (harmful, dangerous, with non-normalized afternoon, etc.);
payment under GPC agreements;
disability allowance.

The amount of deduction from all of these payments is regulated by Art. 138 TK RF. As a general rule, it is 20%. However, if the basis for holding is the executive list of alimony, the law allows to deduct up to 50% of earnings.

Recovery of alimony by bailiffs

If the payer of the alimony is in no hurry to fulfill the duty voluntarily or entrusted by the court, the second party arises the right to help bailiffs. The head of this service is written a statement to which an executive list is applied or a notarized aliminal agreement.

The bailiff opens the enforcement proceedings, launches the process of compulsory execution of a court decision or contract between former spouses. A copy of the decision is sent to the debtor, who must pay off alimony arrears within 24 hours from its receipt. If this is not done, then the bailiff will have a reason to consider the debtor evading his duties and apply penalties to him.

The obligation to take care of children lies on both parents. If they are divorced, the child only lives with one of them, the second is obliged to pay the alimony - cash for its content. About the alimony is often asked whether it is possible to transfer them to a child until 18 years old - this is not surprising, because if people are divorced, it means that they have a conflict and were serious differences, so now they can hardly trust each other.

And what if the payer is ready to continue to keep the child, however, has doubts that his money is really spent on its intended purpose? Then the payers often arises the question of how to list the alimony to the child's account so that they cannot dispose of the second parent. Is there any opportunity, and if there is, how to pay alimony to a child, not my wife?

The recipient of the alimony for the maintenance of the child is the parent with whom he lives.

It is a parent who receives the right to dispose of alimony, but at the same time it is obliged to use them to a child. The situation is not always the case, because the question arises whether the alimony can be transferred to the child's account.

Sometimes there is a situation of misuse of funds by the parent, which is the recipient, or the payer simply wants to ensure the future of his child, making him deductions for a special account, which is supposed to not touch its majority - the reasons may be different. One way or another, and the ability to list at least part of the alimony to the account of the child strongly simplified the lives of many fathers and mothers paying alimony.

Is it possible to translate alimony to a child's bank account?

And this feature is, but with reservations. Although the answer to the question: is it possible to pay alimony to the child's account and positive. Yes, the legislation establishes the right of the payer to make payments of the amount of alimony at the expense of a child who has not reached the age of majority, but important nuances should be allocated. So, translated on the score of the Sibling Part cannot exceed half total amount, the second one still has to go to the account of the parent. In addition, it is first required to obtain a court decision - the same that made the decision to pay. And it is important to note that even if it was possible to obtain a court decision on the transfer of alimony to the child's account, it's still a parent with whom he lives, access to his account will remain.

Considering such things, the court first of all protects the interests of the child, this means that if the procedure for recovery changes, only in order to better satisfy his rights, and the amount of alimony should exceed the cost of living, or should be proven that their parent Always applies funds strictly for its intended purpose.

As we have already noted, access to the score will still remain at the parent who receives alimony, but the control of the guardianship authorities will be strengthened, and if necessary, access will later be limited.

To change the cash payment scheme, one of the following reasons can be used:

Use of them not directly intended

The use of the appointment is considered to be the means for direct material support of the child, as well as other needs, contributing to its development: education, treatment, and so on. If the payer has evidence that the funds are spent on completely different purposes that have little common with the well-being of the child, and these evidence will be presented in court, they may encourage change the procedure for recovery. They may even induce the court to initiate the process of depriving parental rights for spending alimony to their own needs.

The size of the alimony clearly exceeds the needs of the child.

This means that some of the funds can be freely postponed for the future, and the Court may be favorably referring to the wishes of the payer's parent to ensure the payments to a special account focused on this, provided that the validity and feasibility of changing the payment procedure will be convincingly proven. Also, this change can be issued without a trial in agreement on the issue on both sides.

As before the consent of the parties, we note that if the parents concluded, having done without a trial, then they have the right to establish that at least the entire amount should come exactly at the expense of the child - the limitations of 50% are not established here.

Self-altitude transfer of funds, that is, fulfilled without the appropriate court decision or the availability of an agreement signed by both parties and certified by notaries, the payment of alimony will not be considered. That is, it will be considered that the payer made a gift, while he remains all the same amount.

Application to change the procedure for execution of the court decision

If the payer decided to list a part of the funds at the expense of the child, then it can arrange it in the form of a statement and present it to the court.

To list the alimony at the expense of the child in the bank, even before serving of the statement The applicant needs to open this importance. Namely: a savings account for the child's name - the choice of the bank does not play the role. To open the account, only the passport of the payer itself and a copy of the birth certificate is required. After that, it is worth discussing with the second parent question of the translation of alimony on this matter. There is a possibility that it will be possible to agree, but even if it is not. In any case, the court will be an important fact that before the appeal, the plaintiff tried to settle the case of the world. If this could not be done, you can safely go to court.

But before serving, several important nuances should be taken into account:

The direct listing of the part of the alimony is allowed to the account of the child can only be in case the rest of the amount that will continue to list it containing it, will be enough to ensure its needs. If the alimony is small, you should not count on the satisfaction of the claim.
In addition to the desire to change the order of payments, it is necessary to have the grounds for this - as well as evidence that these grounds are really good. Most often, the court makes a decision to satisfy the lawsuit if it is possible to prove the inappropriate use of alimony. After all, then it is necessary in the interests of the child. Evidences may be the testimony of witnesses, the corresponding act of guardianship bodies, etc.
The court should show an individual approach to each case - this means that before making a decision, all concomitant circumstances will be considered, for example, it is necessary to identify the additional needs of a minor, such as the need for additional education or treatment. The decision to satisfy the lawsuit will be made if the alimony covers not only the main costs, it is also these, and something else remains. Just what remains, and will be directed to the account of the child - this may be far from 50%, but only 30% or 20%.
An important factor will be whether a minor advantage will be obtained as a result of such a decision, that is, as the interest rate on his account and inflation will relate to each other. For interest rate, approximately equal inflation and, the more lower, is unlikely to be justified by the requirements of the payer.

How to make a statement in court?

The case will be considered within the framework of the usual claim, which means that the application should be made as a standard claim, it should contain a description of the situation and substantiation of requirements. A sample application for changing the procedure for the execution of a court decision, which can be relying when drawing up, is attached to the article.

Consider the content standard application. It should consist of several parts:

Introductory - it indicates the name of the court, the fioality of the judge, which made the decision, the order of execution of which should now be revised, full data of the plaintiff and the defendant - if the payer appears in the first quality, then in the second, respectively, the recipient. This data includes FULL NAME, address and index, telephone, etc.

Further, in the statement, it is indicated, to which case it refers, for which the motivation part should be set out in an arbitrary form. It must be specified that the payer regularly fulfills all its obligations. And if something else beyond them, then this can be indicated with the leading evidence, and then refer to the circumstances that the payer encourage the payer to change the procedure for the decision of the court.

It may be indicated that the alimony significantly exceed the sum of the subsistence minimum and, if you change the order of payments, you can save funds with which the child will be able to dispose of the future.

Other advantages of transfer of benefits precisely to the child's account.

In the spontaneous part, you need to set out the requirements of the payer to change the order of payments. Also here should be the presentation of how he sees the optimal changed order.

Finally, you should specify all documents attached to the application.

What judgment should you contact?

Since we are talking about the change in the order of execution on the decision that has already been previously reached by the previously, it is necessary to apply the payer to the same court that previously ruled on his case, obligations to pay alimony. Only this court can change the order of execution of its decision.

The procedure for executing a court decision

If the translation is performed independently, the payer must distribute funds in the proportion, which was indicated by the court, translating the required part of the ex-spouse, and the rest of the most minor. If the deduction of alimony payments is made in the company in which he receives wages, an application should be applied to the accounting department, putting a copy of the executive list or agreement and the necessary details, so that now the enrollments are made to two accounts, and not one, as before.

If the funds from the payer are charged in a compulsory manner with the attraction of the bailiff, then a new executive list must be presented in the service.

At the disposal of a minor means from his account will fall after it reaches 14 years, but there will be a written permission of parents.

Before the achievements of this age, the funds will simply accumulate.

The elimination payer given the right to change the procedure for their recovery is a reliable tool for protecting the property rights of the child. The probability that the payer will begin to list the alimony at the expense of the child directly, can make even those parents who tend to use the funds obtained not entirely to the necessary goals. In addition, it is thus you can provide a kind of "start-up capital" with which he can feel more confident at the achievement of eighteen years. The main thing is that in such cases both parties first of all proceed from the interests of children, and not their own.

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