Institutions 

Collecting alimony from military income. Alimony from a military pension

Currently, many are interested in whether they can take alimony from a serviceman's pension? This important and extremely relevant topic is the subject of this article.

Basic concepts

  • citizens who pay their debt to the Motherland, being in the ranks of the Russian army;
  • customs officers;
  • drug enforcement officials;
  • employees of the Ministry of Internal Affairs;
  • prosecutors.

Alimony, by definition, is a monthly payment from the income received by a parent who has left the family. These funds should be spent exclusively on meeting the needs of the children or child left behind.

The procedure for calculating alimony is regulated by the Family Code, or rather, its 82nd article.

It should be understood that military personnel, even those who have retired, cannot be spared the need to provide their children with a decent life. Therefore, after a divorce, they are obliged to take part in their maintenance, including by paying alimony.

The payments in question are withheld either by mutual agreement of the parents or on the basis of the received writ of execution. The last document is issued to the interested party after the court makes the relevant decision.

If there is an opportunity to reach mutual understanding, then the alimony is formalized by drawing up a so-called amicable agreement. It, in particular, indicates:

  • amount of payments;
  • periodicity;
  • terms, etc.

This procedure does not require going to court. It will be enough to draw up the agreement in a notary order. Otherwise, the document is recognized as legally null and void.

How child support is charged

The money for the maintenance of the child is calculated by the employees of the body involved in calculating pensions for military personnel. Thus, if an understanding with the father of the child has not been achieved, his matter will need to go first to the court, and then to the bailiff service. The latter have every right to send the writ of execution to the organization paying the pension, on the basis of which the collection of the amounts due will be made.

If a military pensioner decides to voluntarily give part of his income to support a child, he will have to write a corresponding statement. In it, among other things, you need to indicate:

  • exactly how much money you need to transfer;
  • terms;
  • bank mother's account number.

On the basis of this document, alimony is paid in the future.

What income is alimony taken from?

It is worth remembering that quite often it is more profitable to agree on the amount of alimony amicably, since in this situation the amount is determined arbitrarily, and the mother's consent is the only criterion.

If the case is considered in court, the money is calculated based on the requirements of Russian legislation. Here all decisively the income received by the father is usually taken into account.

In this situation, we are talking about:

  • military pensions;
  • various additional benefits;
  • bonus for rank;
  • other types of material assistance, including one-time;
  • compensation for missed food rations, etc.

In the 81st article of the IC of Russia, the maximum amount of alimony is given. So:

  • if there is 1 child, a quarter of the total income is taken away;
  • for 2 they charge a third of the earnings;
  • three or more - half of the proceeds.

Thus, the larger the military's pension, the larger the amount of alimony. Let us remind you that all additional payments accrued to the retiree on a monthly basis are taken into account.

All types of monthly income, from which alimony can be calculated, is approved in the List compiled by the government of the Russian Federation. Many people have a question whether alimony is deducted from a serviceman's pension? A considerable part of the lawsuits concern this particular problem, and ignorance of the laws of the Russian Federation only leads to considerable costs for litigation. Alimony from a serviceman is mainly calculated, as well as from other categories of citizens.

Types of income of military personnel from which alimony is deducted

It is possible to demand withholding of alimony from one of the parents in two cases. Both options are provided for by the Family Code of the Russian Federation:

  1. If the husband and wife dissolve the marriage and the child remains to live with one of the spouses, then the second must give money on a monthly basis to support the child (Article 24 of the RF IC).
  2. If the parents are not divorced, but one of the spouses refuses to support the children, then this is a reason to demand appropriate funds from him (Article 80 of the RF IC).

Servicemen do not belong to the category of those from whom alimony is not collected. The Government of the Russian Federation issued Decree No. 841 of July 18, 1996, it defines all types of earnings, from which deductions are made for the maintenance of dependents (Article 82 of the RF IC). In addition to other types of income, the Resolution regulates those monetary allowances that are paid to military personnel or other persons equated to this category of citizens.

Interest is withheld from the income of military personnel, more precisely from the salaries that are accrued:

  • for a military post;
  • for the title;
  • from all allowances that are taken into account in wages.

Alimony by a court decision or by a mutual decision of the spouses should also be paid by those who are equated to the status of a military man. These are employees of the Department of Internal Affairs, State Border Guard Service, the customs service and the service for controlling the circulation of narcotic drugs and psychotropic substances. Employees of these structures must give a set percentage of the total monthly wages. A percentage is deducted from servicemen not only from the salary, but also from the allowances of a permanent nature. These include all those payments that are indicated in the previous list. You can add to the list the percentage surcharges for seniority and those that are accrued for an academic degree or academic title.

At the same time, servicemen and categories of citizens equated to them (first of all, this concerns the police officers and the State Border Service) are obliged to pay alimony from additional payments and benefits that are paid by the state during dismissal from military service.

The list, which is approved by the government of the Russian Federation, regulates not only the types of wages and allowances, but also provides for deductions from pensions. In addition, from its different types, taking into account all kinds of allowances. If the pensioner belongs to the category of persons who receive additional payments for the increase, interest is also deducted from this amount. An exception is considered only if the pension or other additional payments that are paid by the federal budget are accrued for the loss of a breadwinner.

Possible disagreements during collection

Litigation regarding the deduction of alimony from the income of military personnel is quite common. Therefore, accountants need to be well versed in the RF IC in order not to face questions that relate to the collection of funds for a dependent from certain types of monthly income of military personnel. The most common problem concerns payments related to monetary compensation for food rations.

The fact is that those military men who undergo contract service or conscription are entitled to monetary compensation instead of food rations (Article 14 of the Federal Law No. 76 of the Federal Law "On the Status of Servicemen" of May 27, 1998). The question arises, does this compensation apply to those types of income of military personnel that are subject to collection of funds for the maintenance of dependents? RF Resolution No. 841 provides that such payments are made from that compensation amount. One should correspond to the cost of a food ration or paid meal. This list does not include only the amount for therapeutic and prophylactic nutrition.

That is, the law provides for the collection of funds for the maintenance of minor children, including from the compensation amount that is due for a food ration.

In addition to the rest, clause 17 of the clarifications of the Survey of Court Practice of the Armed Forces of the Russian Federation of August 10, 2005 states that compensation funds for a food ration are included in the list of permanent additional payments to salaries. And the deduction of alimony from income, which is of a permanent nature, is carried out.

Other nuances that relate to military deductions

The paying parent must pay monthly support for minor children. The legal basis for these payments is considered:

  • performance list;
  • agreement.

If the spouses have agreed on the amount of monthly funds for the maintenance of the child, then it is enough to conclude a written agreement and certify it with a notary. Only in this case it will have the same legal force as the writ of execution (Article 100 of the RF IC).

It is possible that a serviceman is called upon to pay money for a dependent, but there is no corresponding court decision. Then he needs to contact the Pension Fund. Having written a statement, which indicates the desired amount for payment, the details of the recipient and the timing of the payment of funds, the registration process begins. Further, the bodies of the Pension Fund will independently deduct a certain amount from the serviceman and send it to the recipient by mail.

If a soldier does not work, and pensions and at the same time does not pay alimony, then the wife needs:

  • write a petition to the bailiff,
  • make a request to the military registration and enlistment office (asks the bailiff to find out the body that calculates his pension),
  • send a writ of execution to the Pension Fund so that they can withstand the amount owed by the ex-husband.

Monthly deductions must not exceed 70% of monthly income.

Alimony for a child from a soldier is collected in approximately the same manner as from other citizens. At the same time, the system of remuneration of military personnel has its own characteristic features, as a result of which we propose to separately consider the issue of withholding alimony in relation to them.

Grounds for collection

The Family Code is still the normative act governing the issue of the appointment of alimony. With regard to the category of military personnel, a separate legal document has not been established in this regard. General regulations apply.

Alimony can be withheld from the following income of a soldier:

  • from the salary of the salary, i.e., as noted above, from the payment for the rank and for a substitute military position;
  • with the following allowances:
  • for classiness;
  • for professional skills;
  • for existing government awards, which provide for separate monthly grants;
  • for the length of service;
  • for tension;
  • for service in a certain area with severe climatic conditions;
  • for the special nature of the work performed;
  • for knowledge of foreign languages, provided that the service directly includes such duties;
  • for the available academic degree and academic title;
  • for keeping official secrets.

Alimony is deducted from payment for service at night and on holidays, as well as during business trips. Deductions are also made from sick leave. Alimony is also calculated from a lump sum when a serviceman is dismissed.

Are alimony withheld from a serviceman's pension?

Subparagraph a) of paragraph 2 of the List gives an unequivocal answer to the question of whether alimony is paid from a serviceman's pension. Alimony deductions cannot be made only from the allowance assigned upon the fact of the loss of the breadwinner. Since benefits to military pensioners, as well as monetary allowances, are paid from the funds of the Ministry of Defense, employees of the department are also involved in collecting alimony from servicemen in the form of withholding. When transferring alimony from a serviceman's pension, annual indexation and increments of the allowance received by him are taken into account.

Do they take alimony from a serviceman's pension if it was acquired due to disability? Contributions to the child are also made from this type of pension. The only exception is the survivor's pension.

What types of monetary allowances for servicemen can not be deducted from alimony?

Along with the list of incomes from which it is possible to make alimony payments, there is also a list of incomes from which it is prohibited to carry out deductions. Such a list is contained in Article 101 of the Federal Law "On Enforcement Proceedings". These types of income include:

  • compensation for moral damage, for physical harm caused to a serviceman: wounds, contusions, bruises, fractures, trauma and mutilation;
  • reimbursement of travel expenses to the employee, which he incurred at his own expense;
  • financial assistance in connection with the birth of a child in the family of an employee;
  • material assistance for the implementation of anti-terrorist operations and others associated with a special risk;
  • maternity capital funds.

If the income of a soldier represents compensation for expenses incurred or a one-time material assistance for an event, then most often alimony is not withheld from such income.

Amount of deduction of alimony

The size is kept as stated in the writ of execution. An accountant or even a head of a military unit cannot independently increase or decrease the amount of the monthly amount paid for the maintenance of children. Such decisions can only be made by the court.

Since military personnel have a stable job and a regular income, child support is always awarded as a percentage.

For one child, 25% are deducted from the allowance, for two - 33%, for three or more - 50%. If payments are assigned to spouses, former spouses or adult disabled children, then they can be collected in the form of a fixed sum of money. In such cases, monthly deductions are equal to a fixed amount of money specified in the executive document.

As for delays and arrears, there is no practice in such cases with respect to payers - military personnel. Alimony is always collected in full and on time.

Procedure for issuing alimony

There are two ways to collect child support from a military father:

  • agree with him and draw up an agreement on payments;
  • send a claim to court.

In the agreement, the parents independently choose the amount of assistance provided to the child, the timing of the transfer. The only restriction imposed by the legislator is the rule according to which the amount of alimony determined by agreement should not be less than the amount appointed by the court. The agreement must be drawn up at a notary office. The notary controls that the interests and rights of children are not infringed upon.

Through the court, the issue is resolved in the course of action proceedings. At the place of residence of a serviceman, in most cases, at the place of deployment of a military unit, a lawsuit is filed with the justices of the peace by the mother. All necessary documents are attached to the claim:

  • about marriage (divorce);
  • about the birth of children;
  • about the accommodation of children;
  • about the claimant's income;
  • about the amount of the father's monetary allowance.

The state duty is not paid. Within a month, the judge makes a decision, on the basis of which a writ of execution is drawn up in the bailiff service. The writ of execution ultimately serves as the basis for withholding alimony at the payer's place of service.

Alimony from a serviceman under a contract is withheld in the same way as for a conscript. It should also be noted that it is possible to collect the payments due both in marriage and after its dissolution.

Termination of alimony obligations

Alimony obligations are terminated depending on the type of their recipients.

For children:

  • upon reaching the age of 18 as a child;
  • in the event of the emancipation of the child;
  • in the event of the death of the payer;
    in the event of the death of a child.

For disabled adult children - in case of restoration of the ability to work.

Thus, the collection of alimony from military personnel is not much different from the general rules provided for by family law. The system of remuneration for military personnel has its own characteristics, but this fact does not in any way affect the procedure for withholding payments for the maintenance of children. Alimony collected from military personnel is almost always paid regularly, without delays and arrears.

Lawyer of the collegium of legal protection. He specializes in the management of cases related to divorce proceedings and the payment of alimony. Preparation of documents, incl. assistance in drafting marriage contracts, claims for the collection of penalties, etc. More than 5 years of legal practice.

Military pensioners, like ordinary citizens of our country, are subject to the laws of the Russian Federation. The obligation of everyone to fulfill the obligation to pay alimony is enshrined in the Family Code (SK) of the Russian Federation.

Depending on different circumstances, there are several categories of alimony recipients:

  • minor children;
  • disabled adult children;
  • former spouse;
  • other family members.

In frequent cases of divorce, the reason for withholding alimony from the pension of a military pensioner may be the following circumstances:

  • the presence of minor children living separately from the father;
  • the onset of the spouse's incapacity for work during marriage or within a year after its dissolution;
  • the need for the ex-spouse to care for a common disabled child;
  • bearing a joint child by the ex-wife.

The basis for calculating the amounts is all military income and retirement is no exception. However, there are also such payments that, according to the adopted legislation, are taken into account in the calculation of alimony obligations from a military pensioner.

Collection of funds occurs, as a rule, By the tribunal's decision, but there is the possibility of concluding a peace agreement, which must nevertheless be notarized. In the event of a trial, the execution of the decision is monitored by bailiffs. Non-payers for failure to fulfill their obligations to pay alimony are subject to various types of liability, including criminal.

Are alimony withheld from a serviceman's pension?

Each serviceman is primarily a citizen of the Russian Federation. Accordingly, all the norms of constitutional law, judicial law, and in the event of obligations related to marriage and the birth of children, and the norms of family law, apply to the person serving in the military departments, fully.

According to paragraphs. "A" clause 2 of Resolution No. 841 of 18.07.1996. pension, including for military personnel, is included in the list of types of income from which alimony for the maintenance of minor children is withheld.

It is worth considering that the types of pension payments from which such deductions are made include:

Benefits related to the loss of the breadwinner paid from the federal budget, as well as additional payments to them, accrued from the local budgets of the constituent entities of the Russian Federation, subject to exclusion from the rule, that is, alimony obligations cannot be recovered from them.

  • military personnel;
  • employees of internal affairs bodies, customs, the State Fire Service, bodies for control over the circulation of psychotropic and narcotic substances;
  • other military equated to the listed categories.

What are the incomes of servicemen paid for child support?

In accordance with clauses 2 and 3 of Resolution No. 841 of 18.07.1996 to income from which maintenance deductions are made, include the following:

  • pension payments taking into account increases and additional payments;
  • salary for a military or regular position;
  • salary for military or special rank;
  • monthly allowances and other additional payments of a permanent nature, for example:
    • for the length of service;
    • for an academic title or degree;
  • lump-sum allowance and other payments upon dismissal from service;
  • material assistance, except for a one-time one related to emergency circumstances.

It is important that the money for the maintenance of children is withheld from the amount of income after all taxes have been paid in accordance with tax laws.

It should also be borne in mind that withholding money for alimony obligations is carried out precisely from all income, which implies their accrual simultaneously:

  • from the accrued military pension and the amount of wages in the case when a soldier, after leaving service, continues to work in civilian life;
  • from the received military pension and the insurance amount assigned upon reaching the generally established retirement age for men at 60 years.

When is child support not withheld?

However, among all types of income subject to the calculation of alimony, there are also exceptions when such no deductions are made... These include:

  1. the amount of the survivor's pension and payments to it from the budget of the constituent entity of the Russian Federation;
  2. to any type of pension provision;
  3. sick leave benefit (can be collected only by a court decision);
  4. one-time material assistance (including humanitarian) paid from the federal and regional budgets of the Russian Federation, off-budget funds, at the expense of foreign states and organizations in connection with a natural disaster, terrorist act, death of a family member;
  5. child benefits paid from budgets of various levels;
  6. the amount of compensation for the cost of sanatorium vouchers;
  7. payment of compensation for a business trip, transfer to another job carried out in another locality.

In addition, according to Art. 120 of the Family Code of the Russian Federation, alimony from a military pensioner are not held under the following circumstances:

  • from the moment the child turns eighteen;
  • if a minor child under 18 acquires full legal capacity;
  • from the moment of adoption (adoption) of the child to whom the deductions were due;
  • from the date of the entry of the former spouse - the recipient of the alimony into a new marriage;
  • from the day the court accepts the termination of the need for assistance in relation to the recipient of the alimony;
  • from the day of death of one of the parties.

The amount of deduction from the military pension of maintenance obligations

The amount of deductions from the pension of military personnel depends on the category of the recipient of the alimony.

In the case of deductions for alimony obligations in favor of the former spouse or other disabled needy family members, the amount of deductions is set based on the specific situation, taking into account the material and marital status of each party flat monthly.

As for the amount of alimony for minor children, then the amount of deductions is set in accordance with Art. 81 of the Family Code of the Russian Federation, depending on the number of babies:

  • a quarter of income (25%) - per child;
  • one third of income (33%) - for two children;
  • half of all earnings (50%) - for three or more children.

Given some circumstances, the above size can be customized both up and down.

It is also worth noting that the amount of deductions may be different due to the conclusion of a certain agreement between the parties (and in the event of the incapacity of any of the parties with the consent of its legal representative) for the payment of alimony, where the conditions, the procedure for collection and the amount of payment are prescribed.

How is the collection of amounts carried out?

The basis for collecting amounts from a military pensioner can be either an agreement on the payment of alimony, or a court decision, for which relatives can apply in accordance with Art. 106 of the RF IC. On the basis of a court decision, enforcement proceedings are opened against the debtor. Recovery of alimony can be carried out two ways:

  1. Through the bailiff service.
  2. Through an appeal to the Pension Fund (or to the military enlistment office).

The essential difference between these methods is in the timing of the start of payments amounts due. In the first case, this will take much longer, since it will take time to collect data on the size and sources of the debtor's income, as well as to prepare the documents. In the second case, the payment will start much faster and the money can be received in a month.

It is important that you can apply to the court with a written request for the recovery of alimony at any time, if previously they were not paid by agreement.

The awarding of alimony obligations is carried out from the moment of going to court... With regard to deductions for the previous period, amounts may be collected over the past three years subject to confirmation of unsuccessful attempts to claim them.

How do military pensioners pay alimony?

The tasks in the process of executing judicial acts in relation to the alimony obligations of military pensioners are clearly delineated between the two instances:

  • control functions are in the hands of bailiffs;
  • responsibility for the transfer of funds is in the hands of officials of the territorial body of the PFR.

Money can be directed recoverer in several ways:

  • by postal order;
  • or to a current bank account (a bank card account may also be indicated).

To transfer funds multiple documents required:

  1. performance list;
  2. statement;
  3. bank details (when choosing a method of delivery by mail, a mark is made in the corresponding line of the written request).

As for the amount paid, do not forget that deductions from pension concerning the recovery of alimony for the maintenance of minor children can reach 70% of the pension amount in contrast to the amount of deductions on executive documents, which are based on other reasons for opening proceedings, when the citizen retains 50%.

Payer's responsibility for non-payment

In fact, often (even among military pensioners) there are also malicious defaulters of alimony, who evade such payments. The legislation in these cases provides for various kinds of liability. According to Art. 115 RF IC she depends on the procedure for assigning responsibilities on the guilty person:

  • by agreement of payment - in accordance with the rules specified in this document;
  • by a court decision - a penalty is paid as a percentage of the amount of unpaid alimony for each day of delay.

Long-term failure to fulfill the assigned obligations to pay alimony implies the imposition of not only civil liability, but also criminal liability - arrest for three months or imprisonment for up to one year.

In milder cases, the following measures are provided:

  • warning or fine;
  • performance of corrective or compulsory labor for up to a year.

Since the beginning of 2016, a law has been in effect that restricts the right of alimony debtors whose debt exceeds 10 thousand rubles to drive vehicles. In other words, for non-payment of alimony, citizens will revoke a driver's license.

In extreme cases, legislation even provides for deprivation of parental rights.

It is also worth remembering that the application of all of the above penalties does not relieve the person charged with the obligation to transfer alimony from paying the entire amount of the accumulated debt in full.