Based on the law, child support may be withheld. Moreover, even in the case when the payer does not intend to transfer funds. In such circumstances, you can file a lawsuit. As a result, the necessary funds will be withheld on the basis of a court decision. But the best option is the agreement of the former spouses.
Can alimony from sick leave be withheld
The fact of temporary disability does not exempt from the need to pay according to obligations.
As for the amount, the employee is charged certain funds during treatment based on his experience and level of salary. He will be able to get them after he submits a sheet of temporary disability.
This amount is subject to alimony. The basis for such actions is Government Decision No. 841.
It is also worth noting that payments based on the certificate of incapacity for work are taxed because they are a temporary replacement for wages.
Unlike the situation with the unemployed who do not pay child support, a working citizen, in the absence of payments during the illness, cannot be prosecuted for the fact of evasion.
Under what conditions child support is kept from sick leave
Transfer of funds for the maintenance of a minor child may be made only with an executive document. This function is performed by such papers as:
- The court order.
- Alimony agreement. It must be in writing and notarized.
- Performance list. It is issued on the basis of a court decision.
Other documents cannot be used as a basis for withholding child support from sick leave. Even if it is a letter of the bailiff or a statement written by the employee himself.
The court's decision
A court ruling is one of the most reliable ways to receive reimbursable payments. The collection may be carried out in the order of writ and by filing a lawsuit.
A parent can go to court, provided that there is a dispute about the right. That is, there are other penalties for maintenance obligations. Also, a sufficient reason for appeal is the challenge of paternity.
If there are no disputes of this kind, then the application can be submitted by order. As a result, the decision will be made without a hearing.
It is after such a process that a writ of execution or order is issued, which is the legal basis for keeping child support.
Reasons for refusal
Although the law will allow child support to be withheld from sick leave and other types of income, recovery may be refused in certain circumstances.
Such a decision is taken, for example, in the case when the minor child is fully dependent on the parent who is the defendant.
Alimony from the sick-list will also not be exacted if the fictitious treatment is established. Certain families may use a similar scheme to reduce the amount of deduction from the breadwinner’s salary in favor of children from their first marriage.
Another reason to keep alimony from the sick leave will not work, is paternity disputed in court. If the fact of biological relationship is not confirmed, the court will release the citizen from the need to make payments.
But if a person filed a lawsuit more than 3 years after the moment he received evidence of someone else’s paternity, then the decision may not be made in his favor. Under such conditions, alimony from the sick leave is taken in full.
How funds are held
When paying alimony, the same calculation principle is used as in the case of ordinary income. This is explained by the fact that the amount of sick leave payment is formed from two digits: the average salary of the employee and the length of his seniority.
The calculation does not include allowances for special working and processing conditions, as well as payments from the salary and bonus savings fund.
The resulting amount is divided by the number of days in the month. Next, the payment of the treatment period is formed on the basis of the certificate of incapacity for work.
Withholding of alimony from the sick leave is carried out according to the following principle:
- per child - 25%;
- for two children - 33%;
- if the family has three children or more, then 50% of the sick-list after taxes.
An executive document will be required to receive these funds from the interested party. You need to submit it at the place of work of the citizen who must pay child support.
With such papers, the employer may contact:
- bailiff conducting business;
- recipient of funds;
- alimony payer.
After all the papers have been received, the accountant first calculates the amount that must be paid to the employee according to the certificate of incapacity for work. Then taxes are calculated. And only after completing these actions, the accountant can withhold child support.
In what order and amount you need to transfer funds, determines the executive document. It is in it that the details should be indicated on which payment is made in favor of the recipient of the alimony. Bank transfer costs are borne by the person with whom the payment amount is withheld.
Only after the completion of this process will the employee be able to receive the funds accrued to him according to the disability certificate.
Understanding whether child support is taken from the sick-list, it is necessary to pay attention to the fact that funds can be collected at the place of residence or location of property. But these methods are used when there is a debt on payments.
How is the calculation
Having decided on whether child support is kept from sick leave, it is worthwhile to consider an example of the formation of the payment amount.
Suppose an employee received treatment in January. This month, 21 working days, the duration of the sick-list was 7 days. The average salary of this employee was at the level of 50 thousand rubles. He also received 1.5 thousand rubles of premiums and 10 thousand premiums. With such opening fees, 2600 rubles will be deducted for the payment of alimony.
The calculation itself was carried out as follows:
- The total amount of 60,000 rubles. was divided into 21 days. This includes the average salary and the allowance for seniority.
- The figure obtained by dividing is multiplied by 7 (the number of treatment days). The result is 20 thousand rubles, of which 13% of personal income tax is deducted. From the amount resulting in the sum is deducted 25% for the payment of alimony. If the employee is responsible for two children, 33% and 50% will be taken away when there are three children.
The size of the payment also depends on the length of service - the longer the payer works, the greater the amount transferred.
It is worth considering the fact that withholding will not occur within a month if the payer's treatment period lasts more than 4 weeks. Data will be transferred to accounting after the end of the current month, respectively, and deduction will occur later.
Execution of an agreement
It is not always necessary to choose the path for filing a claim to recover funds. In many cases, the issue of receiving alimony can be resolved through an agreement.
The formal agreement regarding the upbringing and maintenance of children after the divorce of parents includes an agreement on payments. Such papers record information about the child’s place of residence, the amount of financial assistance and the degree of participation of each of the parents in the process of his upbringing.
If there is such an agreement, the issue of alimony is decided without court intervention.
This document must be certified by a notary. When drafting the agreement, it is recommended to initially prescribe the procedure for recovering funds from the debtor in the event of temporary disability. This method of resolving financial issues is convenient in that both parties can determine the most favorable conditions for them.
Total
The law allows you to keep child support from the funds that the employee receives on the basis of a temporary disability certificate. Before the payment amount is separated from the sick-list, personal income tax will be paid. 25% of the remaining funds will be transferred to the maintenance of the child. If the biological father does not agree to make payments, the other parent has the right to sue. Thus, the deduction of the required amount will occur in any case - voluntarily or by order.