Child support is withheld from many types of income. But nevertheless, not all sources of income are taken into account. Do child support payments withheld? From this income, funds are paid for the child. Read more about the provision of such benefits in the article.
Legislation
Many parents are interested in whether child support is withheld from financial assistance. The answer to this question is present in legislative documents:
- Law No. 229 of 2007. It indicates the enforcement proceedings. Subtleties can be found in Art. 101.
- Government Decision No. 841 of 1996. You should read paragraph 2 of the attached list. Government Decision No. 841 refers to the rules for recovering material assistance.
Compared to the above documents, the Family Code contains only the main provisions. But there is no indication in it that child support is withheld from material assistance. Usually the main income is taken into account, for example, the payer's salary.
Types of financial assistance
What is considered material assistance? This is a cash payment provided due to important circumstances. Compared to the salary, it is one-time and is not determined by the results of a person’s production work.
Depending on the grounds, the entities performing the accrual, several types of assistance are distinguished. It is provided in the following cases:
- Vacation
- Conscientious attitude to work.
- Travel Compensation.
- Causing harm.
- Birth of a child.
- The death of a family member.
- Disease.
- Holiday.
- Deserved rest.
- Burial of an employee.
All types of material assistance are provided not only to current employees of the institution, but also to former employees who retired. Many large companies do not forget veterans who have made a huge contribution to the development of the organization.
Material assistance is provided not only from the employer. It is charged:
- Federal authorities.
- The bodies of the subjects.
- By local authorities.
- Departments and ministries.
No matter who accrues this income and for whatever reason, it usually has a social orientation, that is, it is needed to improve the welfare of a citizen.
Birth of children
The appearance of children in the family is an important event. Many institutions issue a cash payment to the employee on this occasion. But alimony from such income is not withheld when a child appears, to whomever they are intended. This is evidenced by subparagraph c) of clause 8 of Art. 101 of Law No. 229.
Vacation
In many institutions with leave issued financial assistance. Since this income is in the general payment system and is assigned to the salary, child support is withheld from it. But this does not apply to compensation for employees traveling to the sanatorium during the vacation period. Alimony is not collected from this surcharge.
Help in treatment
Often with a serious illness, an employee is prescribed an additional payment. Do child support with this kind of support be withheld? In paragraph 6 of Art. 101 of the aforementioned law states that alimony is not withheld from payments for medicines. They should not be recovered from compensation for travel to the place of treatment of a person.
Relative's death
Do child support payments withheld in this case? In this situation, income is not withheld. This is evidenced by the articles of the law. For employees of the executive branch, payments are provided in connection with the graduation of a departmental university and with the registration of marriage. Alimony is not paid on such income.
Why do not charge child support?
There is a list of types of wages and other income from which child support is not withheld. Here are the reasons for their payments:
- Harmful to health. Alimony is collected only if it is intended for minors.
- The employee received a concussion, injury during the performance of official duties.
- Damage caused by disaster. By this form, alimony is paid for minors.
- Disabled family care.
- Business trip.
- Inventory costs.
- Birth of a child, registration of marriage, death of a loved one.
- Survivor benefits.
- Damage from natural disaster and emergency.
- Burial of a deceased worker.
Calculator
You can use the child support calculator to calculate income per child. It can be found on many sites. To calculate the income, you need to fill out all the necessary information:
- Amount of children.
- Payer salary.
- An indication of whether personal income tax is deductible.
- The amount of income of the parent is indicated.
After filling out the child support calculator, the result will be provided. This system allows you to calculate approximate payments for children.
Accrual methods
Often child support is assigned as a share of the parent's income. But payments can be in a solid amount, if the payer:
- Has an irregular income.
- Receives a salary in foreign currency or in kind.
- Does not have official earnings.
But if payments are made to the spouse or the second parent, or to an adult disabled child, the law establishes that child support in a fixed amount is provided. In Art. 81 of the IC of the Russian Federation said that payments are:
- 25% - for 1 child.
- 33.33% - by 2.
- Up to 50% - by 3 or more.
But the court also establishes a smaller size, it all depends on the material and marital status. Payments in a fixed amount depend on the cost of living in the region. This means that the court will choose the amount of funds that will be transferred each month for maintenance that is a multiple of this indicator.
In each situation, the total amount depends on the choice of a suitable method of calculating income. For example, if one of the parents has high earnings, it is better to allocate shares. When calculating child support, you should consider different incomes before you assign an accrual method.
Retention Rules
Are child support payments for 1 child, 2 or more children calculated? Yes, retention is happening. It is only necessary to take into account the circumstances in which such assistance is provided. Retention rules are the same as with other income.
By a voluntary agreement of the parents, certified in the notarial chamber, or by a decision made by the judicial authority by bailiffs, a writ of execution is executed. According to this document, the accountant holds deductions. If the payer does not have an official income, then the sheet is transferred to him. It is he who will be responsible for the failure to fulfill these obligations.
Agreement
Alimony for 1 child, 2 or more children may be transferred by agreement. Parties should contact a notary public. The agreement is made by mutual agreement. The notary must be provided with:
- Passports and birth certificates of children.
- Marriage certificate.
- Certificate of payer earnings.
The last paper is required when payments will be provided in a fixed amount. The amount should not be less than that which the judge would appoint. The notary must control this nuance. Otherwise, the drawn up agreement does not have legal force. The document indicates:
- By whom and where made up.
- To whom are payments intended?
- Frequency of payments.
- Amounts.
- Requisites.
- Dates.
- Unseen circumstances.
- Consequences for default.
- Signatures.
- Date.
- Notary certification.
If payments under the contract are determined in percent, then it should be indicated that they will be transferred from the material assistance received. And when establishing a fixed amount, it makes no sense to indicate the need to recover funds from this income.
Lawsuit
An application for alimony will be required if it has not been possible to agree on this issue mutually. But usually they file for the collection of income per child, and not a specific payment. In this case, all income of the payer is taken into account.
An application for alimony is filed with the court. There is no need to pay state duty. Particular attention should be paid to filing a lawsuit. It should contain the following aspects:
- Where to go.
- Who serves and in relation to whom.
- Circumstances.
- Requirements.
- List of attached documents.
- Signature.
- Date.
Thus, with material assistance there is a deduction of alimony. In this matter, it is important to take into account the norms of the law, because it takes into account, first of all, the interests of children.