The responsibility to support their own children is borne by persons with different social status and financial situation, including people in uniform. They have several sources of financial support. Therefore, many recipients of payments are interested in whether alimony is withheld from military pensions?
In some respects, the laws on the procedure for performing military service have rules that are incomprehensible to the average person. The above also applies to the types of cash payments from which alimony can be received. Let's look at everything in more detail in this article.
It should be taken into account that a pension for a military personnel can be assigned at a relatively young age, up to 40 years, when the person is still working. In this regard, the issue of receiving alimony from a military pensioner is relevant. What do you need to remember?
Payment of alimony by military personnel: legislative regulation
The legal basis for transferring alimony not only in favor of the child, but also other close relatives is established by the Russian Family Code. This document defines the forms of payments, the procedure for their withholding, and forced collection.
It is important to have an idea of what kind of military income is covered by alimony payments. Here it is necessary to be guided by government decree No. 841 of July 18, 1996.
Clause 3 states that the object of deductions is salary, allowance and other permanent payments due to military personnel.
A separate list of income from which debts (including alimony) cannot be withheld is given in Art. 101 Federal Law “On Enforcement Proceedings”.
When it comes to foreclosure on property to pay off debt, an amendment to Art. 446 Code of Civil Procedure of the Russian Federation.
The collection of alimony from a military personnel follows a standard procedure. If we are talking about wages or other payments, the writ of execution (court order) is transferred to the accounting department of the military unit to which the debtor is assigned. This also applies to situations where alimony is withheld from a serviceman under a contract.
As for pensions, Art. 98 of the Federal Law “On Enforcement Proceedings” states that the obligation to make contributions lies with the organization (institution) paying income to the debtor. Consequently, deductions will be made by the Pension Fund body served by the military.
For your information! You need to understand that we are talking about means that are the object of attention within the framework of enforcement proceedings. If alimony payments are not allowed from them by government decree, the debt is collected from other sources.
From a legal point of view
Basic information about the income from which alimony can be taken is contained in the text of Art. No. 82 IC RF . All aspects relating to the determination of child support payments that are subject to accounting are clearly specified by the Government. Starting in July 1996, Resolution No. 841 , which lists all types of such income.
Fresh amendments were made to this document in 2020. They are designed to regulate all private issues relating to the procedure for determining the premium from the amount of which children’s money can be withheld.
Is it possible to receive child support from a military personnel pension?
Ex-wives are interested in whether alimony is collected from military pensions? It must be assumed that there are several types of payments assigned to the military. The standard pension is subject to alimony collection. Its size doesn't matter.
In certain situations, a citizen may qualify for additional payments due to the loss of a breadwinner (provided that the military man was a dependent). Such money is not taken into account when deducting alimony (clause 10 of Article 101 of the Federal Law “On Enforcement Proceedings”).
Military personnel may be injured due to participation in hostilities. According to the law, they are entitled to assistance from the state. It is also not a basis for the bailiffs to withhold alimony. But this does not mean that the debt will not be claimed from other sources.
A military man in service can sell property he does not need (country real estate, vehicles, land). When a transaction is one-time in nature, it is not included in income. Accordingly, alimony cannot be recovered from these funds.
From what income is maintenance paid?
The law states that alimony is withheld from most periodic payments due to a military personnel. This includes salary (including contract remuneration), bonuses for ranks, and other types of compensation.
Pensions paid due to age and in connection with the performance of military duties by a citizen are also included in the range of income not exempt from alimony. Deductions from such payments are made on a general basis.
If a military pensioner went into the reserve and started a business, alimony is paid from the income received from the business. It is defined as the difference between revenue and costs of running your own business.
Working military pensioner
Alimony is withheld both from payments related to wages and from the pension received. However, not all funds provided by a military unit are subject to deduction. For example, what has been said concerns money allocated for a business trip.
For a military pensioner who works, alimony is withheld in two places. At the place of work (service), the accounting department is responsible for translations. In terms of pensions, actions regarding payments are carried out by the Pension Fund body.
When funds for child support are sent from both salary and pension, the final amount may worsen the financial situation of the payer. Therefore, he has the right to initiate a reduction in alimony.
Evasion of payment
Unfortunately, sad statistics show that there is still a certain proportion of would-be fathers who try to hide from paying alimony. In this matter, the state completely takes the side of protecting the interests of children, and therefore tries in every possible way to detect and punish the defaulter. Thus, with a certain amount of non-payment, he will be prohibited from leaving the Russian Federation, and for malicious violation of the law he will have to face criminal punishment.
Among soldiers and officers, such nuances practically do not arise. Firstly, the very fact of non-payment of alimony discredits representatives of the defenders of the Fatherland, and secondly, the presence of an official source of income guarantees the availability of deductions. On the issue of withholding alimony, all competent structures interact. If we take into account that it is absolutely impossible to find employment in the army illegally, then the debt statistics are reduced to zero.
Author's rating
Author of the article
Kolesnikova Anna
Military registration specialist, assistant department head
Articles written
161
Ways to receive alimony from military pensioners
There are several options for legally securing alimony obligations. The specific way to solve the problem depends on the relationships between people and the remoteness of their residence.
And also for many, the readiness to defend their own rights in court is important. Depending on this, the order of further actions is determined.
Let's look at two main ways to receive payments from military pensioners. Each of them has its own advantages and disadvantages.
Agreement with a notary on alimony
The possibility of signing it is provided for by Chapter 16 of the Family Code. Agreements on child support between parents are always sealed by a notary. Otherwise, the deal does not gain legal force.
When a concluded agreement is ignored, you can immediately turn to bailiffs for help. An interim court decision or writ of execution is not required.
The disadvantages of the agreement include the fact that adjustments to it will also have to be made by a notary. And this will result in additional costs for the child’s parents.
Note! It is allowed to fix in the agreement the condition that alimony is paid in one amount. It is also permissible to replace money with property, registering it in favor of your own child.
By the tribunal's decision
If it was not possible to agree on payments voluntarily, the only option would be to contact the magistrate in the defendant’s territory of residence or at the claimant’s registered address. Depending on the form in which alimony is planned to be received in the future, a claim or application for a court order is written.
A statement of claim should be filed when alimony is planned to be collected in a predetermined amount. However, the magistrate's court will still consider the case.
A court order is issued based on deductions as a percentage of income. At the same time, in the future it will replace the writ of execution.
For your information! The state duty for alimony is 300 rubles. However, you do not need to enter it when going to court. The Tax Code establishes benefits when going to court in this category of cases.
What it is
Alimony is the obligatory payment of funds by one person aimed at maintaining or supporting other citizens - disabled (low-income) relatives.
They are provided for by the provisions of the Family Code of the Russian Federation, and their appointment can be carried out in two ways:
- according to an agreement drawn up by both parties (recipient and payer). This document is certified by a notary and is valid throughout the entire payment period;
- through the Court. If the issue is controversial and the parties are unable to come to a common conclusion, then one of them has the right to file a claim with the appropriate authority. During the court hearing, it is decided whether the person will pay money and in what amount.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
8 (800) 700 95 53
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
Most Russian citizens pay alimony in favor of their ex-spouses. These are men who pay a certain percentage of their income.
For example, a male representative breaks off his marriage with his wife, and they have a common child who remains in the care of the mother. But there are other cases provided for by the RF IC.
Chapters numbered 13 and 14 define the following entities in whose favor alimony is paid:
- children under 18 years of age whose parents do not fulfill family responsibilities;
- adult children of the payer who are officially recognized as disabled;
- low-income spouses who are unable to work;
- wives during pregnancy and after it (until the child is three years old);
- husbands (wives) caring for a child under 18 years of age who is recognized as disabled, or a person who received a group 1 disability after reaching adulthood;
- men and women who lost their ability to work before the divorce or within 5 years after it;
- low-income spouses who retired after 5 years of divorce.
There are three types of alimony payments:
- Percentage of income.
- Fixed amount.
- Combined payout.
Most often, payment of funds is assigned according to the first type. For example, a citizen receives a salary in a certain amount and gives the recipient a certain part of it.
A person is obliged to pay alimony in a fixed amount if he:
- has unstable income;
- receives income in cash, foreign currency or in kind;
- has no official profit.
Only the Court can make such a decision. He establishes a mixed system when the “percentage” assignment of alimony causes any difficulties.
If payments must be made in favor of the wife, second parent or adult children recognized as disabled, then the judicial authority makes a clear decision to collect a fixed amount of money.
Alimony is assigned both in the event of an official marriage of persons and without it. There are a large number of citizens living in the Russian Federation who do not register relationships and have children together.
The process of establishing child support payments becomes more complicated when the child’s birth certificate does not include the details of his father. In this case, the Court may decide to order a genetic examination.
What amount do you receive?
The amount of deductions depends on many factors. These include the number of children in need of support, the composition and amount of the serviceman’s income.
If there is an agreement on the payment of alimony, the amount specified in it takes precedence over family law. The main thing is that the child’s situation does not worsen.
When assigning alimony, the court may also take into account the financial situation and state of health. The latter circumstance is especially relevant in relation to persons who were wounded or maimed during hostilities.
Percentage
With this option, alimony is collected in the case where there is specific information about the size of the serviceman’s pension. The deduction threshold is no different from other categories of payers.
A quarter of the income is withheld for one child. When two children need support, the maximum deduction threshold is at the level of 1/3.
For large families, the limit is set at half of the income. All figures must be reflected in the court order.
Note! Lawyers recommend collecting alimony as a percentage only if there is one child; if there are several, the best option would be a fixed amount.
In a fixed amount
At the moment, the legislator has not prescribed the minimum and maximum amount of alimony in the Family Code. Only a link has been made to the cost of living. For each region of the Russian Federation, it may differ depending on the demographic situation, climatic conditions, and price levels.
In a claim for alimony, the desired monthly amount is written together with its simultaneous relationship with the subsistence level. When it increases, payments are indexed.
The plaintiff is free to determine the amount required for the child. But the final word will still be up to the court.
Example of calculation of collected funds
Let's say a military man receives a pension of 50 thousand rubles. He has no other means of livelihood. If only one child is supported, 12 and a half thousand rubles will be spent on alimony.
This money will be transferred by the Pension Fund body on the basis of a court order. With more children, the amount will increase accordingly.
In the case where alimony is assigned in a fixed amount, no special problems arise. All deductions are documented.
Changing the amount of alimony
This step is permissible in a situation where payments are of a fixed amount. Moreover, the law allows them to be reviewed through the court, both up and down. Accordingly, the author of the claim is both the payer and the recipient of funds.
The reason for increasing alimony may be a deterioration in the financial situation of the person who is supporting the child. A change in the amount is also allowed when a serviceman conceals his actual financial condition.
In turn, a reduction in payments is possible due to a deterioration in the debtor’s health or a change in his family status. When making a decision, the court is obliged to evaluate all the circumstances in their entirety.
Necessary documents for registration through the court and by court order
To receive financial assistance for the maintenance of a disabled family member from a military pension, you need to collect a number of papers, guided by Art. 132 Code of Civil Procedure of the Russian Federation:
- an application demanding the recovery of amounts due to a needy person;
- receipt as proof of payment of state duty;
- certificates of: marriage, divorce, birth of a child;
- extract from the house register;
- a certificate confirming that the defendant has received a military pension.
Additionally, other documents may be required:
- a medical report according to which the person in need was assigned a disability group;
- income certificate - necessary to justify the amount of alimony payments from a military personnel pension;
- a court decision to recover financial assistance from the defendant or an agreement on financial support - if any;
- power of attorney to represent the interests of the applicant, certified by a notary.
Also, to confirm testimony when participating in meetings, it is allowed to attract witnesses and use photos, audio and video materials.
Attention
When applying to a magistrate's court, in order to obtain a verdict on the collection of alimony from a military serviceman's pension by order, a similar list of documents is required. The exception is a claim - you will need to draw up a separate statement using a standard form.
A sample statement of claim for the recovery of alimony obligations to the Magistrates' Court is available
In what cases do payments stop?
There are several situations when a person’s obligation to pay alimony ceases. They are spelled out in Art. 120 IC RF.
Here are the most common reasons for termination of legal relations :
- death of the child or child support payer;
- adoption of a son (daughter) by a third party;
- the child reaches adulthood.
Child support transfers also end when children receive full legal capacity before they officially reach adulthood. This happens after marriage or after receiving emancipation status through the courts.
To free himself from alimony obligations, the payer can file a corresponding claim in court. The resulting decision is passed on to the bailiffs. Based on it, they close the enforcement proceedings.
If the money was paid under an agreement certified by a notary, the obligations terminate upon the expiration of its validity. The above also applies to cases of death of one of the parties to the agreement.
How are amounts collected?
The basis for collecting amounts from a military pensioner may be either an agreement on the payment of alimony, or a court decision, for which relatives can apply in accordance with Art. 106 RF IC. Based on the court decision, enforcement proceedings are opened against the debtor. Collection of alimony can be carried out in two ways :
- Through the bailiff service.
- By contacting the Pension Fund (or the military registration and enlistment office).
The significant difference between these methods lies in the timing of the start of payments of amounts due. In the first case, this will take much longer, since it will take time to collect data on the amount and sources of the debtor’s income, as well as to prepare documents. In the second case, the payment will begin much faster and the money can be received within a month.
It is important that you can go to court with a written request to collect alimony at any time, if previously their payment was not carried out by agreement.
The award of alimony obligations is carried out from the moment of application to the court . As for deductions for the previous period, amounts for the past three years , subject to confirmation of unsuccessful attempts to claim them.
Possible liability for failure to pay child support
In accordance with current legislation, a military personnel has the same obligations to make payments in favor of a child as other citizens. Accordingly, the penalties for ignoring payments are the same.
Provided that alimony is not paid intentionally for two or more months from the date of commencement of enforcement proceedings, the risk of administrative punishment increases.
The sanctions for the debtor are prescribed in Part 1 of Art. 5.35.1 Code of Administrative Offences. If there are no results from the measures taken, criminal liability arises in accordance with Article 157 of the Criminal Code of the Russian Federation.
At the same time, financial leverage is provided for influencing the defaulter. They consist in the collection of a penalty defined in Article 115 of the RF IC. Since August 2020, its amount is 0.1% for each day of delay in payment.
Finally, when the debtor belongs to the category of car enthusiasts, the bailiffs have the right to restrict him from driving the car. This requires that the accumulated amount of alimony debt exceed 10 thousand rubles.
For your information! Bailiffs have the right to initiate administrative proceedings or criminal proceedings against a citizen regarding alimony payments. Therefore, the recipient of funds must contact them.
Share of royalties
In this matter, the serviceman does not have any privileges, therefore, on a general basis, a certain share of funds will be withheld from his pension.
It is determined that for one child 25% of all income is supposed to be taken, for two children - 33%, for three or more - 50%. It is not necessary to calculate above this value, since the citizen himself will have to provide for himself. However, if there is arrears in alimony payments, then until the debt is repaid, funds are collected in the amount of 70% of the total income.
If there is enforcement proceedings, the funds by default go to the spouse's open bank account, but at her request, they can be sent by postal order. Translation costs are paid for by the husband. He also pays income tax, so the deduction scheme looks like this: tax is deducted from the accrued pension, and payments are made from the remaining amount according to the writ of execution.
In any case, the final decision on determining the share of alimony is made by the court. In addition to the legal basis, he may consider additional circumstances. These include the birth of a child in a new family. This fact may cause a decrease in the share of contributions.
After the plaintiff has chosen one of the methods of receiving funds (partial accounting, bank transfer, postal transfer), it is necessary to notify the accounting department of the decision. If there is a writ of execution in part, deductions are made automatically. The military personnel must make the postal or bank transfer independently. A change of job or retirement is accompanied by a notification to the bailiffs; this is done by the accounting department or the citizen personally. This step is very important, since many are waiting for automatic deductions, but they can be made retroactively, introducing the military man into debtor status.
