Alimony from pension: conditions and collection procedure

Is alimony taken from pensions?

Child support can be withheld from various incomes a parent receives. The list was established by the Government of the Russian Federation with the adoption of Resolution No. 841 . It clearly states that alimony is paid from almost all types of pensions ( clause a, clause 2 of PP No. 841 ).

These are not only old-age pensions, but also for long service and in connection with disability.

Moreover, if the pensioner continues to officially work, he will pay money to support the child, both from his earnings and from his pension.

In addition, when determining the amount of payments, all allowances, indexations and increases that the pensioner receives are taken into account.

The only type of social benefits from which alimony is not paid is a survivor's pension.

Alimony for disability

If a parent has a disability and receives benefits from the state for this reason, this does not exempt him from paying child support for his minor children.

However, there are no benefits associated with the disability group.

However, a disabled person who is in a difficult financial situation, cannot move independently and take care of himself, may apply to the court to reduce the amount of alimony payments or their complete termination in the manner prescribed by Part 1 of Art. 119 of the Family Code of the Russian Federation.

Features of alimony payments from a military personnel pension

Recipients of the so-called “military” pension are citizens who not only served under contract in the Armed Forces of the Russian Federation, but also police officers, customs officers, and the Ministry of Emergency Situations. As a rule, persons with this status become pensioners earlier than civilians.

Alimony from the amount of pension received by a military personnel is calculated in the standard manner.

In this case, various payments may be taken into account when calculating:

• bonuses for assigned titles and ranks;
• additional payments for length of service and for service in difficult conditions;
• various compensation payments.

However, when a military pensioner receives bonuses for injuries, mutilations or radiation exposure received while serving, funds are not collected ( Article 101 of the Federal Law “On Enforcement Proceedings” ).

Alimony from old age pension

If the parent who does not live with the child has reached old age and is a recipient of state old-age payments, child support obligations are not removed on this basis, even if the pension is the only source of his income.

However, it is possible to legally reduce the amounts paid when:

-the parent’s financial situation has deteriorated greatly;

- the pensioner is in poor health and spends a significant part of his income on medicines and medical care;

- the person receiving alimony has new dependents.

Thus, retirement age is not a basis for failure to fulfill a parent’s obligations to provide financial support for a child.

Deductions of alimony from a survivor's pension

The survivor's pension is one of the types of social assistance to citizens who have lost the only breadwinner in the family. The category of recipients of such support may include both children and adult citizens.

This source of income is the only type of pension from which not only child support cannot be withheld, but also any other financial obligations cannot be collected.

Holding order

When the child's father has an official job, the employer is responsible for deducting alimony from his salary. He also takes inflation into account when making calculations. And if you need to receive alimony from your pension, where should you go? In this case, the responsibilities for accrual, withholding, timely transfer and indexation are imposed on the local PFR body (that is, the one that transfers the pension to the alimony payer).

However, PFR employees will begin to act only when they have a court decision and a writ of execution in their hands. Therefore, if it was not possible to resolve the issue peacefully with the child’s father, you first need to go to court, and only then go to the Pension Fund of the Russian Federation.

Having a pension for the child’s mother is a plus, because all payments come from the state and cannot be hidden or artificially reduced. Therefore, a woman will regularly receive a certain amount to support her children.

Amount of alimony charged

The amount of alimony collected from the pension is established by family law and depends on the number of children who need to be financially supported.

In addition, the law gives parents the right to independently agree on how much money will be paid to the child monthly. In this case, payments can be assigned in the form of:

1. a certain share of income;
2. in a fixed amount (when the parent does not have a regular fixed income);
3. mixed (one part of the alimony is paid as a percentage of the pension, the other - in a fixed amount).

If the father or mother who must pay child support does not work, the amount of payments will depend on the cost of living in the region.

For one child

According to Part 1 of Art. 81 of the RF IC , if maintenance obligations have arisen in relation to one child, 25% of the pension , regardless of its size.

For two children

If there are two minor children, the pensioner will part with 33% of his income monthly.

For three children or more

If there are three minors or more children, the parent will be charged 50% of his income .

Under certain circumstances this value can be increased to 70%:

-if there is arrears of alimony;

-a parent has child support obligations for three or more children, one of whom is disabled.

How is child support calculated if children are from different marriages?

By law, all children, even those born in different marriages, have the right to maintenance. In such cases, the calculation of the amount of alimony payments will occur somewhat differently.

All children should receive the same amount of money, up to the minimum share of the parent's income established by law.

For example , a father already pays 25% of the pension to one child, but now he must provide alimony to a child born in his second marriage. In such a situation, 33% will be collected from his income, and these funds will be equally divided between the children.

If two children were born in the first marriage, and then another one, the first will be paid 33.2%, and the third will receive approximately 16.6% of its amount.

Conditions for collecting alimony from a pensioner

Payment of alimony by pensioners is made according to general rules. When resolving a case in court, not only the financial situation of the mother raising the child is taken into account, but also the size of the father’s pension. If the amount of old-age benefits he receives is several times lower than the subsistence level in the region of residence, then the court may reduce the amount of required alimony. The court is also interested in the marital status of the parties and whether they have other dependents in need of financial support.

In addition to all that has been said, documentary evidence of the blood relationship between the child and the defendant father is required. In most cases, this document is the child's birth certificate. If it does not contain information about the father, then before applying for alimony, it is necessary to prove in court that this particular person is the father of the child. Also, the mandatory conditions for assigning payments include the confirmed fact of need of a minor child. The lack of financial resources is determined based on the information provided on the income certificates of the mother supporting the child.

Maximum amount of alimony

The maximum amount of voluntarily paid alimony is not limited in any way. The parent can pay any amount for the child that he wishes.

There is no upper limit for the amount of alimony collected in a specific amount. If the parent who has children proves that exactly this amount of money is required for the normal life and development of the child, it will be awarded, but within 70% of the income.

Correction factors

As mentioned earlier, the amount of alimony paid in a fixed amount depends on the cost of living established in a particular region. As it increases, the amount of payments is indexed and grows proportionally.

Documents required to challenge alimony

Often, after retirement, a person is unable to maintain the amount specified in the alimony agreement due to a sharp decrease in income. More often this happens to disabled people who received the group as a result of an accident or work injury.

Documents required to challenge alimony

In this case, you can reduce the amount of payments either after re-agreeing with the child’s second parent or by filing a claim in court. Other authorities do not have the right to change the amount of payments.

To consider the case, the court will need to provide:

1. Claim application.
2. Identification.
3. A document confirming the birth of a child.
4. Certificates confirming force majeure circumstances of the plaintiff.
5. Statements from the bank account, place of work and pension fund confirming the pensioner’s earnings.
6. Copies of receipts for medicines and technical equipment necessary for the health condition of the alimony worker.

Important! The application should indicate that the reduction in the amount of alimony is carried out only for the period of a precarious financial situation, incapacity or disability of the pensioner. This will increase the chances of making a positive decision. Also, in most cases, it is not worth asking for a complete withdrawal of payments - for this, the plaintiff’s situation must be truly dire.

Indirect circumstances affecting the reduction of alimony payments

The court may also consider circumstantial circumstances influencing the case. So, if a woman with a child earns much more than her husband who received a disability, then the chances of a reduction in the amount of alimony increase significantly.

The procedure for paying alimony from a pension

There are several ways to pay alimony that pensioners can use, depending on whether he decided to do it voluntarily or was forced by the court:

1. Transfer money to the child's account yourself. This option can be used if the former spouses have amicably resolved the issue of payments.
2. Automatic transfer of funds from the account upon receipt of a pension;
3. Via mail. This method is also used if the recipient does not have a bank account.
4. With the help of a bailiff. The child support provider pays the awarded amount to the executor, who in turn transfers it to the other parent.
5. Transferring money in person. This method is allowed only when a written receipt is issued, so that the other party does not have a reason to declare that alimony was not paid.

How to collect alimony from a pensioner

The law establishes two ways to receive payments for children from a pensioner:

• concluding a voluntary payment agreement;
• applying for judicial protection.

Let's look at each of them in more detail.

By agreement of the parties

If the pensioner does not object to financially supporting his children and providing for their needs, the former spouses record their agreement in writing.

The agreement must contain the amount of payments due and the period when they must be paid (every month or quarter, etc.)

A prerequisite for a contract to be legally binding is notarization.

In addition, if the father stops paying alimony, the wife can bring this document to the accounting department at her husband’s place of work, and payments will be forcibly collected from him, as under a writ of execution

Via court order

If a man does not want to voluntarily part with money and provide for a child, the easiest way to force him to do this is through judicial writ proceedings. The procedure for using it is as simple as possible:

1. the wife submits an application to the court with a request to issue a court order for the forced collection of child support;
2. the court considers this appeal within five days without the participation of the parties and without holding a meeting and issues a court order to the applicant;
3. the mother submits an order to the bailiff service or to the debtor’s work for forced collection.

It should be noted that if you disagree with the court order, it can be canceled by going to court within 10 days.

How long does it take to pay child support?

Many alimony providers think about this issue and can’t wait for the alimony obligations to be terminated. The conditions when requirements for payment of alimony lose their force are established by Art. 120 IC RF :

• children have reached their 18th birthday;
• a child who has not reached the age of majority, but has been emancipated (started working or got married when the marriageable age has been reduced to 16 years);
• expiration of the alimony payment agreement;
• death of one of the parties.

Conclusion

Thus, all parents have obligations to provide financial support for the child, including in cases where the family cannot be saved. At the same time, alimony can be withheld from all types of pensions, except for payments for the loss of the sole breadwinner.

Do you have to pay?

In general, the “alimony” issue in connection with retirement is rather unobvious. And first, you need to figure out who cannot count on financial assistance in connection with the “retirement” of the alimony payer due to his incapacity for work due to reaching retirement age. The Family Code states that alimony obligations are fulfilled by able-bodied people in relation to:

• parents (Article 87 of the RF IC);
• brothers, sisters (Article 93 of the RF IC);
• grandmothers, grandfathers (Article 95 of the RF IC);
• educators (Article 96 of the RF IC);
• stepfather, stepmother (Article 97 of the RF IC).

Consequently, upon retirement, alimony is no longer paid to these persons. After all, the alimony payer ceases to be able to work if he reaches retirement age.

But does the termination of alimony apply to cases of payment of monetary assistance to needy spouses and children? Not at all. Consequently, alimony is paid from the pension:

• children for whom a family relationship has been established (natural and adopted);
• legal spouses, incl. ex-spouses in certain circumstances.

There are no special nuances or specifics when paying alimony from the pension amount. However, the issue should still be considered in a little more detail.