Some people think that when they retire, their maintenance obligations are canceled. According to subparagraph a) of the second paragraph of Decree No. 841, issued by the Russian government in 1996, the collection of alimony from a pension is carried out in the same way as from other income to the citizen's account. Therefore, it is necessary to understand what is the procedure for recovering these payments.
Are child support payments for children?
According to the eightieth article of the Family Code of the Russian Federation, each parent is obliged to bring up children and financially support them. This obligation does not depend on the labor status of the father or mother. Therefore, for those who are wondering whether child support is collected from a pension, the answer is clear.
The above decree determines which types of state security after retirement are subject to deduction of alimony payments in favor of children under the age of majority.
The following types of pensions are paid alimony:
- old age;
- on disability;
- allowances to veterans (participants) of military operations;
- preferential type pensions for service or work, the circumstances of which are associated with either risk or danger to life (for example, from pensioners of the Ministry of Internal Affairs and other law enforcement agencies of the corresponding type).
Earlier, according to general rules, the retirement age in the Russian Federation occurred when men reached the age of sixty years, and women - fifty-five, now the terms are gradually shifted. In some regions of Russia, the retirement period is reduced by five years. An integral condition for accruing a retirement pension is the existence of an appropriate experience of eight years or more.
If the condition of seniority is not met, state funding is carried out only after five years. Alimony is taken from both types of pensions (general and preferential).
The collection of mandatory payments for children from disability payments is carried out in the same manner. Therefore, for those who are not sure whether child support is paid for disability pension, the answer is one - there are no exceptions. A person applying for this state support measure must undergo an annual medical examination, during which the patient’s health status will be determined and disability confirmed. If the commission does not pass, the payment is suspended.
If it is a question of whether alimony is taken from the pension of working citizens, the legislation does not make exceptions here. Some citizens continue to work after retirement. Some continue to work in their organization, while others find a new place of employment.
Most payers are wondering if child support and pension payments are levied at the same time. Russian law clearly defines that, regardless of the number of sources of income, payments are collected from each of them along with a pension. In addition, alimony from a employed pensioner is also deducted from bonuses, allowances and sick leave. Thus, the legislation determines that alimony is calculated from a pension even if there are other sources of financing for the pensioner.
Collection of payments for minor children from a disabled person receiving a pension
The Russian Family Code determines that a parent's incapacity for work due to the legal age of retirement does not entail the lifting of obligations to pay mandatory payments to minor children. Therefore, the answer to the question whether child support is paid on disability pension is unambiguous. Neither the period of the onset of disability nor its group affects the designation and deduction of alimony.
Provided that the payer has no other types of income than the specified type of pension, the amount of alimony payments cannot exceed the norms established by law. If, despite his disability, he has official work or other types of additional income, alimony is removed from the pension and the revealed types of cash receipts.
According to the payer in a judicial proceeding, the amount of monthly payments for minor children can be reduced in the presence of special conditions (for example, taking into account the costs of the purchase of medicines, medical services in connection with a disability, travel to a medical institution or sanatorium, and so on).
Features of the appointment and withholding of alimony from a pensioner
After considering the issue of whether child support is collected from a pension (military serviceman, disabled person, etc.), the procedure for assigning and recovering mandatory payments for minor children should be studied.
As a general rule, alimony is collected from pensioners using standard methods provided for in Article 80 of the Russian Family Code.
There are only three such methods:
- Preparation by parents of an agreement on the maintenance of children under the age of majority (agreement on the payment of alimony), in accordance with the rules established by the sixteenth chapter of the relevant code.
- Submission by the parent, who is solely providing and raising children under the age of majority, a statement of claim to the judicial authority that the father (mother) living separately does not allocate funds for their maintenance.
- Submission of a statement of claim by the guardianship authority to a parent who does not provide minors, if there is no agreement or court decision between the parties.
Voluntary consent of a retired parent to help a minor child financially
In some cases, the father (mother) who has reached retirement age, living separately from the child, agrees that alimony will be collected from their pension. In case of the voluntary decision of the payer to withhold from his pension accruals of alimony, he has the right to conclude an agreement with the second parent (another person who is raising and supporting the child), bypassing the judicial authority.
The document drawn up by the parties must contain the obligation of the parent living separately from the child to provide material assistance to minors. It should also indicate the timing of the transfer of funds to the account of the mother (another person raising a child), the type of assistance provided and its size.
An agreement on the payment of monthly alimony must be drawn up in the presence of a notary public employee and certified by him. This requirement is defined by law. A document not certified by a notary does not have legal force.
Collecting alimony from a pensioner by force
Despite the affirmative answer to the question of whether child support is paid from retirement, not everyone agrees to their deduction. Therefore, in case of refusal of the voluntary provision of financial support to minor children, recovery will be carried out in court.
The procedure for filing a claim in relation to pensioners is the same as for other types of payers. The legislation does not provide for a special procedure for assigning compulsory payments to a retired father (or mother).
A parent who is engaged in the upbringing and maintenance of a child under the age of majority must apply to the magistrate court with a written statement of claim. You can submit an application both through the judicial section of the defendant and the plaintiff.
If, apart from maintenance issues, the lawsuit does not contain other contentious legal relationships (for example, establishing the fact of paternity and so on) and third parties and interested parties are not involved in the process, the justice of the peace has the right to make a decision on establishing the amount of mandatory payments. If other issues are added during the consideration of the case, the case must be referred to the district court.
The following documents must be attached to the statement of claim:
- A copy of the plaintiff’s passport.
- Certificate of marriage or divorce (alimony can generally be levied both after a divorce and during a marriage).
- The document on the birth of the child (children).
- A certificate from the house management or passport service about the place of residence of the children and the claimant parent.
- A certificate that confirms the income of the plaintiff.
- A certificate confirming the amount of pension accruals of the defendant (and other income, if any).
If it is a matter of collecting child support in a fixed monetary amount, in addition, documents confirming the costs of maintaining children are attached. In the process of resolving a civil case, the judge tries to keep the children at their usual level and way of life. For example, if children attended sports sections or other paid classes before filing a claim, the costs of them will be recovered from the alimony payer.
A statement of claim of this type in form does not differ from other types of statements. The plaintiff must not pay the state fee regardless of the amount of the declared alimony.
Persons entitled to file a statement of claim for child support
Once it has been determined whether alimony is levied from the pension of a serviceman or a pensioner of another category and what is the collection procedure, it should be considered who is entitled to claim alimony.
- One of the parents, actually living with the child, educating and providing him from the financial side.
- Guardians and trustees (if there are no blood parents or they are deprived of parental rights).
- Guardianship authorities (in the event that there is a problem of the need for children in cash support, and the parents of a minor cannot independently resolve this issue among themselves).
If alimony is collected on a disabled adult child, he or his representative (legal) can send a statement of claim to the court.
Conditions for accruing child support from a pension
Pensioners pay alimony from a pension according to general standards. If the case is considered in court, the amount of the penalty is based on the financial situation of the plaintiff who is raising a child, and the amount of pension charges of the defendant.
If the amount of the allowance assigned to him due to old age is slightly lower than the cost of living in the specified region, the court has the right to reduce the amount of the alimony payments declared by the plaintiff. In addition, the court takes into account the marital status and position of both parties, the presence of each of them other dependents who need financial support.
Also, the court must provide documentary evidence of the connection of children with the defendant-alimony (blood). Most often, the birth certificate is the relevant document. If the indicated document does not contain information about the father, it is necessary to prove the fact of paternity of the defendant before filing a statement of claim with the court.
In addition to these documents, paper is provided confirming that a child under the age of majority needs financial assistance. This is confirmed by a certificate of salary of the plaintiff and other documents on expenses for children.
Cases of prohibition of retention of alimony from a pension
Decision No. 841 under consideration indicates one type of pension, withholding of which is prohibited by law. This type includes the survivor's pension.
In addition to payments at the federal level of a lifelong and monthly nature, the regional legislation of many entities provides for other compensation and subsidy payments:
- compensation for money spent on the purchase of medicines and medicines;
- the provision of seasonal free maps for travel by public transport.
Federal Law No. 229 of 2007 established that certain compensation and subsidy payments are not subject to accounting as income from which alimony can be deducted (Article 101):
- compensation of costs for the purchase of tickets to places of the spa type for treatment;
- compensation for travel to medical institutions and back;
- payment of subsidies related to compensation for harm caused to health (for example, injuries or shell shocks).
All other compensation and subsidy payments may be taken into account in order to withhold child support.
The amount of alimony withheld from the pensioner
The size, as well as the grounds for retention, is the same for pensioners as it is for a working payer. Due to the fact that the pension is a regular and stable source of income, child support is calculated in the form of interest.
According to the norms of the Family Code, one child has the right to receive alimony in the amount of one fourth of the pension, two children - one third, and three and more - half.
For example, when assigning a pension in the amount of twenty thousand rubles, one child has the right to apply for five thousand rubles a month, two - six thousand six hundred rubles, and three and more - ten thousand rubles.
When collecting child support through the bailiff service, the amount of deductions may not exceed seventy percent.
The procedure for applying for the collection of alimony from a payer-pensioner
The recipient of alimony, after a court decision on the award of monthly payments in favor of minor children, has the right to apply for enforcement to the following authorities:
- To the bailiffs service.
- To the central office of the Pension Fund in the region.
Bailiffs have a wide range of powers used in the fight against alimony. They have the right to conduct educational conversations, seize the property of the defendant, put him on the wanted list through the Ministry of Internal Affairs, petition to institute criminal proceedings on the fact of malicious evasion of paying alimony, and so on. Particularly malicious deviators can be brought to real imprisonment.
The Pension Fund may adopt a writ of execution and a voluntary agreement between the parties. He also needs to provide an account number where the fund employees will transfer the alimony withheld. Money will be received by the plaintiff a month after the submission of the application.
The current legislation clearly establishes the obligation to provide money for their minor children, even if a person has retired.