On the basis of the current norms of family law, each parent must fulfill responsibilities both in raising and in maintaining their children.
Particular attention in our country is paid to the recovery of child support. Since material support is an important condition for the performance of other duties in relation to his daughter or son.
The obligation to pay alimony can be fulfilled by the parent both on a voluntary basis (for example, by agreement of the parties), and in a compulsory manner (by court order).
Most often, this amount is approved as a percentage and is deducted from the parent from his income. But not always the alimony has the ability to earn income. For example, illness, the most common cause of disability. How much income does a parent have to pay and is child support paid or not?
General position
The procedure for collecting child support payments is enshrined in article 82 of the Family Code of the Russian Federation, according to which child support is withheld from all types of parent's income in rubles and foreign currency.
It is worth noting here that an officially employed citizen receives payments from the employer and the Social Insurance Fund during the period of his disability. This is also income, in which case do they pay alimony from sick leave?
Parent income from which content is collected
Government Decision dated 18.07.1996 No. 841 as amended in 2015 determines the following incomes of the alimony payer, from which deductions for maintenance of the child are made:
1. Parent's salary paid both at the main place of work and at part-time workplaces. Such income includes:
- Monetary support (remuneration) paid to employees holding state and municipal posts, including elected posts in local self-government bodies, deputy posts, posts of members of election commissions and others.
- Media workers' royalties and royalties.
- Surcharges and allowances paid to basic earnings.
- Payments accrued for special working conditions.
- Surcharges for classroom management accrued to employees of the educational sphere of labor.
- Cash payments to employees of medical institutions.
- Additional bonus payments and remuneration provided for by the employment contract.
- Accruals to an employee based on average earnings in accordance with the procedure prescribed by law (for example, vacation allowance).
- Other payments stipulated by the legislation and internal regulations of the employer.
Other payments that are charged for child support
It is this list that contains the type of income that answers the question of whether child support is withheld from the sick leave.
It includes:
- Any pension payments, including all premiums and supplements accrued to them.
- Scholarships paid to students in vocational educational institutions, higher educational institutions, as well as graduate students and doctoral students (accepted until 01.01.2014), students of theological seminaries.
- Benefits paid in connection with temporary disability (withholding child support from sick leave).
- Unemployment benefits received by citizens officially registered with the Employment Service.
- Severance pay for citizens dismissed in connection with the liquidation of the employer or reduction.
- Incomes of citizens from entrepreneurial activities carried out without forming a legal entity (minus expenses).
- Income from rental property.
- Income paid to founders and participants (for example, shareholders) of enterprises and organizations in accordance with their contribution to the authorized capital.
- Material assistance, other than lump sum payments, transferred from federal, regional or local budget funds to citizens who became participants or victims of emergency circumstances (for example, terrorist attacks, natural disasters in connection with the death of a relative).
- Amounts of pecuniary damage paid to a citizen by court order.
- Compensation to citizens at the expense of budgets of all levels that have become participants in radiation or man-made disasters.
- Monetary content of military personnel.
- Earnings of persons serving sentences.
- Other payments.
Based on the above list, it can be argued that alimony payments are also deducted from the sick leave. Because disability benefits relate to a person’s income and is a temporary replacement for wages. A disease does not exempt a parent from the maintenance of their children.
How are child support payments kept in 2017?
From the meaning of the above government decree, it follows that payments can be recovered from virtually any form of parental income, including benefits accrued in connection with temporary disability.
This norm requires certain conditions:
1. Official sick leave.
Payment of benefits in connection with a temporary disability of a citizen is made only on the basis of a document of the established form provided by the employee and issued only by an accredited healthcare institution. Only in this case can one positively answer the question of whether child support is paid from sick leave.
2. The presence of a court decision that has entered into force on recovery of detention for a child or an agreement on its payment certified by a notary
This condition is due to the fact that the deduction and payment of funds for a child is based on a legally binding document.
On the basis of what documents are alimony collected from sick leave?
These include: a writ of execution presented for execution directly to the employer, whose parent is working as a minor, as well as a decision of the bailiff on foreclosure.
The latter shall be submitted only within the framework of the initiated enforcement proceedings and sent for execution to the organization together with the attached and certified copy of the writ of execution.
In turn, a bailiff initiates a case only on the basis of the relevant document: a writ of execution, a court order or an agreement on the payment of alimony (necessarily certified by a notary).
Collection procedure
Withholding the percentage of funds recovered in court for child support is made from the accrued amount of the citizen's income minus tax deductions. The same applies to the issue of whether child support is paid from sick leave.
Monthly deductions for obligatory payments for children are transferred to the bank account of the parent with whom the child lives and is brought up. Size is determined by court order or agreement concluded by the former spouses.
Since, as a result of temporary disability, a citizen retains his average monthly earnings, therefore, alimony from the sick leave is made until the expiration of the payer's sickness period, confirmed by the sick leave certificate.
Reasons for non-payment
There are no legal grounds for refusing to transfer monthly alimony payments if the debtor is on sick leave.
Deductions can be canceled only if:
- death of the payer;
- coming of age of the child;
- contesting paternity (by court order).
Is it always possible to recover alimony during the period of sick leave?
You should not wait for child support payments if the payer is not officially employed by the employer.
In addition, an employee who does not provide the employer with a certificate of incapacity for work during his absence from the workplace is considered truant. From the foregoing, it follows that if your former spouse justifies the absence of maintenance payments in the current month while on sick leave, you should check the accuracy of such information. After all, the answer to the question of whether alimony is paid from the sick leave is definitely positive. Payment is provided by law.
What threatens the deadbeat?
Any unjustified deviations from the monthly alimony transfer schedule are an occasion to check the activities of the accounting department of the organization where the debtor is employed.
Such a check can be organized by a bailiff at the request of the collector or on the basis of his own decision. In case of confirmation of evasion, the offender may be brought under administrative or criminal law.