Currently, many families are breaking up, and children remain living with one of the parents (most often with their mother). While the father of juvenile offspring lays the obligation to pay funds for the maintenance of the latter. But how is the process of transferring alimony carried out by the accounting department of the organization in which the divorced employee works? After all, after receiving a writ of execution, the enterprise must withhold part of the income from the father or mother, who are required to financially support their young children. Are there any deadlines for child support payments? Such questions are of interest to those citizens who, after a divorce, raise their babies without the participation of a second parent. Answers to them will be given in this article.
A little about the main thing
The terms for child support payments by the employer are fixed in article 109 of the UK. From this norm of the law it follows that the amount of funds for the maintenance of the child of an employee of the organization, which by decision of the judicial authority is obliged to pay money to provide for their baby, must be transferred to the collector (second parent) within three days from the date of receipt of the salary by the subordinate (debtor). This is the order.
Nevertheless, here it is necessary to pay attention to the legal side of the issue. After all, if the spouses after the divorce agreed that the parent who does not live with the child will transfer the funds to its maintenance voluntarily, without a court decision, then the terms here will be those set by the parties themselves. The main thing is that in this way the rights and interests of their minor baby are not violated.
Nuances
The timing of child support payments should be taken into account by the head of the organization in which the debtor works (one of the parents), only if there is a specific decision of the judicial authority. For instance:
- performance list;
- court order;
- an agreement (agreement) on the payment of alimony, certified by a notary.
Only if there is one of the specified documents in the accounting department of the company, transfers should be monthly. As a general rule, alimony is paid by parents only until the children come of age.
Difficulties
Very often, heads of organizations and accounting face various difficulties in calculating and maintaining child support. This is primarily due to the fact that salaries are transferred to employees twice a month.
Thus, many managers and accountants have a legitimate question: "How much should I transfer to support the children of an employee as prescribed by a judicial authority?"
So, in this case, you need to follow the norms of the current law. First of all, the organization’s authorities must comply with the deadlines for child support payments according to executive documents. Therefore, the collector must transfer the required amount within three days after the payment of the salary to the debtor himself. You need to do this from the income that closes the current month. But the whole amount earned by the parent obliged to pay child support is taken into account.
According to law
The child has the right to receive material support from both parents. If one of the legal representatives of the latter evades the maintenance of his child, then the monthly amount for providing a minor offspring is collected from him through the judiciary. The term for child support payments in Russia ends only when the child reaches the age of majority, i.e. 18 years.
But even here there are exceptions. For example, if a child who is already eighteen years old has a disability and cannot fully support himself, then the payment of alimony by the decision of the judicial authority continues until he is recognized as able-bodied.
Interesting
In most cases, the issue of material support for the child only concerns the parent with whom he lives.
In addition, many fathers after a divorce from their wives categorically refuse to fulfill their legal obligations and do not pay child support at all. There are also certain advantages. After all, a parent who did not provide financial assistance to his child until he came of age will not be able to demand child support in his future in old age or in case of disability. That is the law.
Nevertheless, in most cases, the term for child support payments in Russia is still limited to the majority of the latter. Then, an adult citizen himself will be able to demand from a parent who did not provide him financial assistance in childhood, a full refund of unpaid cash over the past three years.
Violations
The legislation establishes the maximum term for the payment of alimony. The transfer of funds for the maintenance of the minor child of an employee of the organization must be made by the employer no later than three days after payment of earnings to the debtor. In the event that alimony has not been transferred to the claimant within the specified period of time, then he has the right to ask the bailiff for help. In turn, the latter checks and finds out the reasons for the delay in transfers.
As a rule, alimony is transferred to the recipient on the day the salary is paid. Sometimes the next day. Therefore, if the debtor (payer of alimony) decided to transfer the money to his child, then he must also meet the three-day period specified in the law. But most often, funds on the writ of execution are transferred by accounting. So much more reliable.
Nevertheless, late fees are charged interest. Therefore, if the funds were not paid on time by the payer to the collector's account, then the penalty here will be 0.5% per day of the amount.
According to the executive document
So, the organization must transfer alimony within the time period specified in the RF IC, but only if there is a specific decision of the judicial authority. The latter is supported by a writ of execution.
It should be noted here that the court order is also a document on the basis of which deductions are made from the salary of the payer of alimony. That is the law.
But not all payers of alimony know that the term for the payment of alimony on the writ of execution ends only when the child becomes an adult. This order.
In the event of the death of a child support payer or a child for whose maintenance funds are allocated, transfers are terminated legally.
The same thing happens if a teenager is recognized by the judicial authority as fully capable before the age of 18 (emancipated).
Has not been transferred
The collector after receiving the executive document in his hands has the right to independently decide whether he will send the sheet to the bailiffs or to work for the debtor or not.
In some cases, after the decision to pay child support has entered into force, the former spouses agree that the parent who is obliged to transfer funds to support the child will do so voluntarily and without the participation of any officials. This happens to be much more profitable and more convenient for both parties.
In the event that the parent, who is obliged to pay child support by court order, does not do this, the recoverer has the right to transfer the writ of execution to the bailiffs at any time until the child is 18 years old. In this case, the debtor will need to provide evidence that he made transfers to his ex-wife. Otherwise, the entire amount of alimony will be collected from him, starting from the first day that is indicated on the writ of execution.
By agreement
Former spouses can agree on a voluntary transfer of funds for the maintenance of the child by the parent who will not live together with the baby. Most often, father pays child support. In this case, they have the right to conclude an agreement and certify it with a notary.
This document will have the force of an executive document. Therefore, in case of non-compliance with its conditions by one of the parents, who is obliged to pay child support, the agreement can be transferred to the bailiffs service. So it is spelled out in law.
But what is the term for child support payments in this case? Here, ex-spouses can agree that one of the parents, who will not live together with the child, is obliged to help the latter financially until the moment he graduates from a university or college. Although the cases are different. For example, some parents believe that after adulthood, the child should provide for himself.
If you quit
What should an employer do if an employee who is required to pay child support suddenly decides to leave the organization? Everything is quite simple here. The employee must first notify the manager of his decision. This is done two weeks before the date of the proposed dismissal. On the last day of official activity, the subordinate (debtor) receives a salary with which the funds are withheld, they will be transferred to the collector for the maintenance of the child. The terms for the payment of alimony by the employer here are three days after the transfer of earnings to a person who is obliged by the decision of the judicial authority to pay money to provide for his minor son.
Within three days after the dismissal of a subordinate (debtor), the accounting department of the organization must send an executive document back to the bailiffs. The cover letter must indicate that the person obligated to pay child support is no longer working at the enterprise. It is also necessary on the back of the writ of execution to indicate the size of all deductions made and to sign and seal the head.
Amount
In some cases, alimony can be assigned not only to the child, but also to his mother. This is done in a situation where the family father does not help his wife financially while she is on parental leave and cannot work. By law, a woman has the right to receive alimony from her ex-husband until their common child is three years old. After all, it is during this period of time that the baby really needs the care and care of his mother. In this case, the term for the payment of alimony after the salary is also three days, it is counted from the moment when the debtor (father of the family) received his earnings.
Conclusion
Once again it is necessary to say that the deadlines for the payment of alimony to the company need to be observed only in cases where the accounting department has a document confirming the decision of the justice authority (writ of execution, court order), as well as an agreement on the payment of funds for the maintenance of the child, notarized. In a different situation, the employee of the enterprise and his ex-spouse have the right to independently determine the date when the latter will transfer money to her to provide for their joint baby.
But what about the claimant in those cases when the writ of execution is in the accounts department of the enterprise where the debtor works, but there are no transfers? Everything is quite simple here. First of all, the recipient of the alimony needs to contact the management of the enterprise and find out the reason why payments do not occur. If the claimant has not received a convincing answer to his question, then it is best to go to the reception in the bailiff service. After that, the officials themselves will conduct an audit and establish the reason for the delay in the payment of alimony.
Here it must be remembered that the head of the enterprise may even be held criminally liable for failure to comply with a decision of the justice authority. Therefore, the company always keeps the payment of alimony under special control. Otherwise, problems with the law will not be avoided.