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How to get alimony from pension. Procedure for collecting material support for a child with servicemen. How much money payments can be revealed if a former husband resigned from work

Often, alimony on a child is held from the parent of pre-pre-age, which, in turn, wait for the offensive pension, mistakenly considering it a reason for the removal of aliminal obligations. However, retirement is not considered a sufficient basis for removing material duties to minors. Therefore, alimony from a pensioner continues to be kept according to the main provisions of the Family Code of the Russian Federation.

Pension payments are included in the official, from which alimony can be kept.

Only judicial authorities or bailiff services can be engaged in questions about determining the amount of aliminal payments from the income of pensioners. In addition, the court will be required to consider not only documents showing not only the financial situation and the income of the pensioner, but also medical conclusions about the state of the state of the payer.

If the health and financial capabilities of the payer allow, then the alimony from the pensioner can be held as follows:

  1. Social payments, compensation, surcharges;
  2. Financial assistance from the state;
  3. Pension payments;
  4. Official retirement wages;
  5. Author's fees and interest on sales of intellectual property products;
  6. Compensation for the employer to change the branch of the work, vacations, etc.;
  7. Other forms of material assistance.

Moreover, if the pensioner proves that the funds remaining after paying the alimony below the subsistence minimum, the court will decide to reduce the amount of payments, and sometimes at all on the cancellation of aliminal obligations.

Note! Pensioners are close to the weakly protected category of the population, and therefore the court will pay special attention to all the circumstances of the case and the material and physical capabilities of the payer.

When the alimony from a pensioner cannot be held?

Of course, alimony from a pension for the loss of the breadwinner cannot be kept, as this greatly infringe on the right of the payer, and possibly leads it to great financial difficulties. In addition, there are a number of grounds for refusing to recover alimony payments.

So, the alimony from the pensioner cannot be kept under the following circumstances or types of pension calculations:

  1. Disability pension or acquisition of disability;
  2. Material assistance for the consequences of natural natural disasters;
  3. Payments and material support for damage to health;
  4. Payments for moral and material damage obtained in court;
  5. Compensation for treatment, acquisition of medicines, trips to therapeutic and sanatorium institutions.

These grounds for refusal were adopted by the state in order to protect the pensioners from infringement of their rights or exceeding the alimony rights by the recoverer. In other words, the government of the country is important that the interests of both sides of the alimine legal relations are equivalent to being resistant and protected.

Important! As a rule, the maximum percentage of alimony, held from the pension or other income of the pensioner, is 50%. The recovery of alimony in the amount of more than 70% of income is almost impossible.

Alimony from a pensioner: order of deduction and recovery

Alimony from a pensioner hold under the general rules for recovery of payments for the maintenance of the child. Three forms of deduction, both voluntary and forced, can be used:

  1. Percentage of payer income:
    1. Per child - 50%;
    2. For two - 33%;
    3. On three and more children - 50%.
  2. Alimony in the "solid" amount;
  3. Mixed form.

Required documents

A challenger (mother or guardian of the child), as a rule, does not collect documents on their own. Bailiffs can request her only the original judgment or agreement on the voluntary payment of alimony, as well as personal documents certifying the recipient and child.

If you have questions about the topic of the article, leave comments at the bottom of the page. If you need a lawyer's advice on alimony, take advantage of the free support of our site available around the clock.

The duty to contain its minor children is assigned to parents by law. At the same time, it does not play the role that his father or mother retired years of employment.

Therefore, to the question whether alimony from pension is paid, there is a clear affirmative answer. Alimony is paid from any income, including from pension payments.

The presence of a female disability group is not a reason for refusing to pay for alimony. Disability allowance is included in the list of income from which the recovery of alimony is allowed.

For payers of material assistance to their children, the question does not lose relevance, whether it is necessary to pay alimony from the old age pension.

The list of income that can be the basis for accrualing and holding alimony for children is established by the Government of the Russian Federation.

This list is given in Resolution No. 841 of 1996, it contains pension payments among other income from which the alimony is held.

In addition to old-age pensions, there are other pensions from which you need to hold alimony payments:

  1. Disability pension.
  2. Pension of military personnel and veterans of hostilities.
  3. Pension officers of the Ministry of Internal Affairs and employees of other departments.

The deduction of alimony payments is carried out with pensions, allowing them, amounts of compensation and indexing pension payments.

In accordance with the legislation, which is valid in 2019, to determine the size of the alimony and consider the pensioner's income, is entitled only court and bailiffs.

By its decision, the court determines not only the amount of payments, but also the state of the health of the payer, its financial situation.

Executions are accumulated from all types and types of pensioner income:

  • social surcharges;
  • social help;
  • pension itself;
  • salary if the pensioner continues to work;
  • compensation;
  • holidays;
  • other material deductions.

The law determines the size and procedure for collecting alimony from pension, given the interests of both parties.

It is important to understand that it is very rare to recover from the pensioner 70% and more from its income. There are very few similar cases. Typically, a maximum of 50% is held and this under certain conditions.

Having calculated alimony payments from the pension, the financial situation of the pensioner is always taken into account, its financial capabilities.

If the payer can prove in court that he lacks funds for normal existence, the court can reduce the size of the alimony, and in certain cases and to cancel at all.

In addition, it should be understood that alimony is not a means to provide a luxurious life to a child or his parent who exercises care.

The purpose of aliminal payments is to allow the child to live in primary conditions, as if he lived in a full-fledged family.

Several situations allocate, on the basis of which the Court may decide to reduce the amount of aliminal payments to disabled:

To prevent alimony from a disabled person, you should submit the following list of documents:

If the payer is in a timely manner performing alimony payments, then special difficulties, when the alimony from pension is charged, does not occur.

The parent with whom the child lives is filed a claim and the court determines the amount of funds that can be calculated from the pensioner.

The judicial decision of the bailiffs is coming to the department of the Pension Fund. The court also makes marks and from next month, the amount established by the court will be transferred to the account or map of the recipient of the alimony.

To begin the process of holding alimony from a pension, it is necessary to have a court decision and executive document. They can be issued and assureed arbitration courts or ordinary judicial instances. Also need a court decision on the possibility of paying attention.

All the work regarding the recovery of alimony payments, executing bailiffs. Their obligations include ensuring that they did not arise.

If necessary, they are negotiating with a defaulter, submit documents to the Court for the appeal of property recovery.

The applicant requires only the presentation of the court decision and personal documents.

The law establishes a pension, with which alimony payments cannot be calculated is a pension for the loss of a single breadwinner.

You can get such payments at any age, not necessarily in the pension. These funds are issued to disabled family members who lost their breadwinner.

The legislation allocates several other social payments, which cannot be recovered by alimony:

  • one-time payment, in compensation for something;
  • supplement for harmful work or other material compensation.

In addition, if a person is disabled and carries high costs for maintaining life, the Court can reduce payments and not affect in its decision, subsidies and certain income.

By law, alimony payments are held with disability pensions.

If a person is able-bodied, then with a group of disability, it will pay the alimony from the pension in full.

For disability pensions, payments cannot exceed 25% per minor. But this is only if the payer does not have a different source of income.

Alimony can be kept from such revenues of the disabled person as payments to pay or on the purchase of drugs.

There may be no exception to people with a disability of 1-2 groups that partially or completely lost the ability to work. But in this case, only the court will be able to decide on the amount of payments.

If it is obvious that the disabled person is helpless and spends huge money, just to preserve their lives, the court can not only reduce the size of the alimony, but also to completely cancel them. Since it is guided by the laws of law, the norms of Maral and justice.

When paying alimony, servicemen are equal to civilians. Therefore, the size of the deduction for them does not change.

In accordance with Article 81 of the Family Code of the Russian Federation, the size of the alimony is distributed as follows:

But under certain conditions, the side can oblige to pay 70% of the total income.

The pension of the serviceman does not have differences from a civilian pension. Therefore, the procedure for the recovery of alimony from the pension of the military personnel is carried out according to the general principle.

If the soldier pays alimony voluntarily, he simply addresses the pension fund and indicates the address of the recipient.

In the future, the PF will independently carry out deductions and forward on the specified details. All cash transfers pays payer.

Executions may be held:

In the case when the payer of the alimony after retirement ceases to provide material assistance to the content of his child, the recipient needs to obtain a court decision. After that, bailiffs will deal with payments in the usual manner.

If there is already a solution and a resolution, then you just need to contact performers with a statement. Bailiffs independently make requests in order to determine the size of the overall income.

Thus, if the alimony payer retired, the alimony will be held out of its income from it.

If a person has become obliged to carry out the payment of alimony after a pension was established, this does not change the situation.

Children's duty to remove. The presence of a group of disability at the payer is not the reason for refusing to pay material assistance to the child.

Disability benefits are included in the list of income from which the recovery of alimony is allowed. But aliminal payments can be treated not from all pensions, there are exceptions.

Alimony are not held from pensions for the loss of the breadwinner. Since this money states the state to support a person who has been deprived.

From the moment when the executive document on the recovery of alimony comes to the bailiff is subject to the application of the norm provided for by the Federal Law of 02.10.2007 No. 229-FZ "On Enforcement Proceedings" (further - Law No. 229-FZ). Since the alimony is a requirement to recover periodic payments, the penalty will be drawn to any permanent income of the debtor, for the exception of cases directly provided by law.

Are the alimony from a pensioner hold?

The list of types of earnings and other income from which the deduction of alimony on minor children is being held, approved by Decree of the Government of the Russian Federation of July 18, 1996 No. 841. In paragraph 2 of this list it is indicated that the deduction of alimony is made from all types of pensions, taking into account monthly increases, allowances , increasing and surcharges to them established by individual categories of pensioners.

Thus, the legislation of the pension is recognized as income from which retention will be held in favor of the recipient of the alimony. Nevertheless, the type of retirement obtained is important, since individual types of payments are exempted from deductions. Types of pensions may be different - in old age, for disability, on the occasion of the loss of the breadwinner, a pension for long service. Consider the features of recovery for each type of payments.

What pension is the alimony take?

When determining the species of pensions with which retention will be carried out, it is necessary to apply the norms of the rules of the Government of the Russian Federation No. 841. The arbitrary decision of this issue is not allowed.

Pension in old age

Achieving the parent of the retirement age does not mean that it can be exempted from alimony obligations in favor of a minor child. When receiving monthly payments from pension authorities, the citizen will have to part with a part of the income in favor of children -1/4 per child, 1/3 - for two and 1/2 - on three and more minor citizens.

In addition, if debt formed in alimony, it will be held with pension payments even after the age of majority.

SERVICE PENSION

The specified type of pension payments is also part of the revenue of the debtor, from which the penalty is carried out. It does not matter the duration of the length of years or the term of appeal to the appointment of the pension.

Hold will be carried out according to the same rules provided for old-age pension.

Disability pension

In the Russian Federation, three groups of disabilities are applied, and 1 group implies a complete disability. Although the law does not exclude a disability pension from the income from which the alimony is held, with a significant limitation or disability, citizens can count on a decrease in the size of payments or exemption from transfers.

Note! Such exceptional cases are considered in court under the claim of the debtor. He needs to prove a significant change in the material or marital status to expect to reduce payments.

If it is established that the disabled person itself is needing and disabled, the court has the right to cancel the alimony. In addition, cash compensation for drugs and persons with disabilities are excluded from income for calculating alimony obligations.

Pencing for the loss of the breadwinner

This type of pensioning is an exception to the general rule, since the Decree of the Government of the Russian Federation No. 841 eliminates the pension on the occasion of the loss of the breadwinner from the composition of income to be recorded during the deduction of alimony. Thus, this type of pension must free from hold, even if the debtor does not have other types of income.

Restrictions on deductions from the debtor's income are also provided for by the norms of Art. 101 of Law No. 229-FZ. Monetary amounts paid to the compensation of harm in connection with the loss of the breadwinner occupy one of the priority places in this list.

Pension employees of the Ministry of Internal Affairs and other departments

Pension payments established by military personnel, employees of the Ministry of Internal Affairs and other similar departments are not subject to exemption from aliminal obligations. The special nature of the military and other service is not a reason for eliminating the pension from the composition of the total income taken into account when calculating the alimony.

Methods for the recovery of alimony

The legislation provides for two possible ways to establish alimony obligations:

  • according to the voluntary agreement of the parties certified notarized;
  • on a court decision.

If the parties conclude a voluntary agreement, the type of retirement will not matter. In this case, the order and conditions of payment, as well as the size of the periodic payment, will be determined only by the Agreement of the Parties.

How are calculated

When calculating the size of the monthly payment on the maintenance of the child on a notarially confirmed agreement, the parties are entitled to independently determine the amount based on the possibilities of the payer and the needs of the child. Such payment will be established in a solid monetary amount that parents will consider sufficient to keep the child.

In court, the size of the alimony is determined by the following options:

  • in the form of a percentage of all types of debtor's income;
  • in the form of a solid fixed amount;
  • in a combined form, a part of the payout percentage, the second half is in a solid amount.

When determining the amount of payments, the court will not establish the composition of the payer's income, as this is part of the responsibility of the bailiff.

The statement of claim for the recovery of alimony

The legal basis for appealing to court for establishing alimony will be the statement of claim. The content of the claim must be included in the following items:

  • name and address of the court;
  • personal data and contact information of the plaintiff and the defendant;
  • indication for the presence or absence of family relationships;
  • information about the children of the plaintiff and the defendant;
  • the requirement to establish aliminal payments.

A sample of the claim can be downloaded on our website, and it is recommended to consult our specialists to comply with it. Only in this case, errors and violations of the requirements of the law can be avoided, which will entail a significant delay in the timing of the recovery of alimony. Fill out the feedback form or call one of the numbers listed on the site. We will offer the most optimal options for establishing alimony payments.

ATTENTION! In connection with the latest changes in the legislation, the information in the article could endure! Our lawyer will consult you free - write in the form below.

Questions lawyers

Recovery of alimony from disability pension

Hello!

I am a working disabled person of the 3rd group. Over the past year, I paid the alimony from my wage on a court decision (according to the executive leaf of the accounting of my company, the percentage of salary was calculated and accrued His plaintiff), and from pensions for disability I did not pay anything. The court I notified that in addition to salary I also receive a disability retirement, the plaintiff also notified (but only orally). Can the plaintiffs claim the payment of alimony from pension for this year?

Answers lawyers

Ivanov Vladimir

Yes, it may be based on Article 81 of the RF IC. Alimony are accrued not only from wages. Also, Article 446 of the Code of Civil Procedure of the Russian Federation does not prohibit the recovery on alimony from pensions.

Are alimony from a social pension?

I get a monthly social pension as a participant in hostilities in Chechnya. Is it legitimate to the recovery of alimony from these payments?

Answers lawyers

Chernobavsky Dmitry

The holding of alimony is produced: a) from all types of pensions, taking into account monthly increases, allowances, increasing and surrenders, established by individual categories of pensioners, with the exception of pensions on the occasion of the loss of the breadwinner paid at the expense of the federal budget, and payments to them at the expense of funds budgets of constituent entities of the Russian Federation;

Decree of the Government of the Russian Federation of 07/18/1996 N 841 (Ed. Dated 09.04.2015) "On the list of types of wages and other income, of which the deduction of alimony on minor children is held"

If the alimony is removed from wages and from a pension, then in what percentage?

Good day. If the alimony is removed from wages and from a pension, then in what percentage? 25% from each type of income?

Answers lawyers

Macedonian Elena

Hello! According to part 1 of article 81 of the Family Code, the alimony per child is charged in the amount of 1/4 of the share (25%) from earnings or other income, that is, 25% should be accumulated from the total amount (pension + wages).

Mikhailov Valery Vladimirovich

Mikhailov Valery Vladimirovich

He graduated from the Law Faculty of St. Petersburg State University in 1998 in the specialty "Jurisprudence". Professional legal activity of 20 years, including leadership positions. Specializes in issues in the field of housing, civil, contractual, corporate law.

The right to alimony is an integral type of protection of minor children, respected by the state and regulated by family, civil, administrative codes, as well as a number of federal laws. The parent recognized as a court to pay for aliminal funds is obliged to deduct the established amount before reaching the child of the age of majority from all types of income coming by an alimony burden. This rule applies to various pension payments.

The list of types of earnings for the deduction of alimony approved by Decree of the Government of the Russian Federation of July 18, 1996 No. 841 (hereinafter referred to other person).

Paragraph 2 of Resolutions No. 841 recognizes a retirement periodic income, subjected to deduction of alimony in favor of the recipient, but it is necessary to know that not all types of pensions are subject to recovery, and some of them can become, on the contrary, the reason to be released from them or accumulated alimony debt.

Restrictions on the actions of bailiffs in terms of incomes of aliments are clearly settled by law in Art. 101 Federal Law No. 229-FZ "On the enforcement proceedings" (hereinafter - 229-FZ) and list those to which can't be addressedAmong them, for example, a kind of pension on the occasion of the loss of the breadwinner and paying to it at the expense of budget funds of the constituent entities of the Russian Federation (p. 10, 11 Article. 101 229-FZ).

To establish which type of pension can be retained in favor of the recipient, and why the bailiffs cannot apply recovery, it is necessary to consider the types of pensions in more detail.

Pensions from which the monthly deduction of alimony

According to Resolution No. 841, all types of pensions, as well as allowed, surcharges and increases to them are available to hold alimony. Family Code, determining the obligation of the parent to contain his child, does not share payers on working and retirees, and equally for all approves the obligation of material participation in the life of children.

List of pensions for retention:

  1. Pension in old age, or labor pension has a stable monthly monetary expression, in view of which will be addressed by the percentage accrual of alimony According to Art. 81 SC RF:
    • - 1/4 of the payment;
    • - 1/3;
    • And more - half of the income.

    Example.

    The pensioner in old age Nikolai D. receives a pension in the amount of 17,000 rubles, its aliminal deduction in favor of a 16-year-old son percentage of recovery is 4,250 rubles / month. (i.e. 1/4 part).

    Similarly, payments will be charged with saving pensions, pension municipal employeesdepending on the experience and previously occupied by the employee position.

  2. Disability pension - Monthly payment appointed due to the production of disease or injury, partially or completely limiting the ability of a person who does not require insurance experience.

    Disability pension, despite the direct indication in the loss of a payer of health, is also subject to alimony in favor of the child.

    However, when purchasing 1 and 2 disability groups, the person who is obliged to pay alimony has the right to refer to the presence of a group in order to:

    • reduction of monthly payments (Art. 119 of the RF IC);
    • reduction of the amount of aliminal debt;
    • in exceptional cases (mainly in the presence of 1 group of severe illness and complete disability), the court may positively consider the release of a person from paying alimony, since this person itself is recognized as needing.

    This issue is solved only in court in the global instance, to act as a claim with a claim with or a person who has a group (or his authorized representative), the defendant - a recoverer of funds.

    A sample of the claim for decreasing alimony in connection with the presence of disability can be viewed below and download software.

    To the world court of the Soviet district of Bryansk
    bryansk, ul. Gorbatova, 14A.

    Plaintiff: Tolkunov Igor Petrovich,
    bryansk, ul. Krasnoarmeyskaya, 178-12,

    Respondent: Mother Irina Sergeevna,
    bryansk, ul. Fokina, 34-20.

    The statement of claim to reduce the size of aliminal payments

    From marriage with c. Mother's Irina Sergeyevnaya, terminated by the Soviet Justice of Bryansk, 12.06.2013, there is a minor son, Tolkunov Vadim Igorevich, 06.06.2003 born. Since July 2013, alimony in a solid monetary amount in the amount of 5,000 rubles has been appointed with me in favor of the Son. At the time of the appointment of payments, I did not have a permanent job, my earnings were unstable, because I worked up, engaged in the repair work of various difficulties as a volincident face.

    For 2 years, I regularly paid the alimony, did not have the debt, then my spouse, referring to the fact that 5,000 rubles she lacks her son's content, filed a lawsuit and increased the monthly payment of up to 6,000 rubles. Attending a lawsuit, I recognized the claim and began to pay the requested amount in favor of my son.

    In April 2016, performing repair work, I got a serious injury because of the fall, damaged the spine, I spent 2 more than 4 months in the hospital, Introducing the 2rd group of disability, I do not work, I live with my mother caring for me. The size of the pension is 6,000 rubles per month, which is multiple by the alimony with me. Paid massages, expensive medicines, rehabilitation courses of treatment are constantly required.

    My child lives in a secured family, the former spouse holds the position of director of Aqua-House LLC, has a stable income, a personal car, takes a comfortable apartment, every summer rests along with his son abroad.

    Based on the foregoing, guided by Art. 119 of the Family Code of the Russian Federation,

    I ask the court:

    • reduce the size of alimony in a solid monetary amount in favor of a minor son from 6,000 rubles. up to 1500 rubles / month. for the period of my disability;
    • at the court hearing, to call a witness - Tolkunov Tamar Ivanovna (Mother), living at: Bryansk, ul. Krasnoarmeyskaya, 178-12.

    The claim for the statement of the following documents (in 2 copies):

    1. Statement of claim;
    2. Copy of the passport;
    3. A copy of the birth certificate;
    4. A copy of the court decision to increase the size of the alimony to 6,000 rubles;
    5. A copy of the certificate of disability;
    6. Extracts from the outpatient card of the patient;
    7. Photos of Wife and Son 2013, 2014, 2015, 2016 with resting places;
    8. Copies of drug checks, doctor's recipes.

    "____" _____________ 2017 ________________ / И.P. Tolkunov /

  3. Pension serviceman, police officers and other categories equal to them, including guarantees and allowances, is also subject to an alimony burden.

Types of pensions with which alimony is not charged

The rights and interests of children cannot be mutually exclusive, as well as payments appointed by the court and the state in the interests of the latter.

Pencing for the loss of the breadwinner - the type of social payment appointed by the state due to the loss of a person providing disabled family members - not taxed by an alimony retentionSince it is appointed to meet the needs of the child (or other in need of a person).

However, it should be borne in mind that in the presence of alimony debt at the payer on in order to address the recovery on the means and do not obliged to check the target receipt of these funds. In other words, if the debtor's account is to be a pension for the loss of the breadwinner, the executive officers can arrest it (as a certain amount of money) and write off from the account in favor of repayment of debt. The debtor will later have to, recognizing this write-off illegal, submitting a certificate from the Pension Fund, confirming the target transfer of funds.

A sample of complaints about the write-off pension for the loss of the breadwinner can be viewed below on the text and download software.

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Article 80 JC obliges all parents to provide their children who are not eighteen years old. In the case of a divorce, former spouses can independently decide which the size of the alimony should be and in what form they will be paid. If you cannot agree on, you can resort to court assistance. The court will not only forget the former spouse to give money to the maintenance of the child, but will also determine the amount of this aid.

A single amount mandatory to pay for a child does not exist. The size of the alimony directly depends on the income of a particular person. So, one child is taken 25 percent of income, for two - 33. For three and more children, half of the income is held. If a person appears on the payment of alimony or it harm the health or property of the second spouse, with its income take up to 70%. The amount of payments can be increased if the child needs additional funds - for example, for the treatment of a serious disease.

Citizen payments must do from all income, that is, it concerns not only wages. If the father is retired, interest will be deducted from the pension salary.

If, when divorced, children are "divided" between parents, one of which is less secured, the second parent is also obliged to pay a certain amount every month. If a child is in an orphanage or adopted, according to Article 84 of the RF IC, parents are still obliged to pay the alimony of his guardian or receiving parents. Article 85 adds that parents are required to contain not only juvenile children, but also disabled children who have already reached the age of 18 and need help.

Alimony with pensions

If the SC of the Russian Federation does not list the types of income for which the alimony is charged, it complements it. According to his second item, alimony should be paid from all types of pensions, taking into account their indexation and dumps. Pensioners who have not left the job are obliged to pay alimony simultaneously with pensions and salaries.

Article 5 calls the following types of pension payments:

  • prescribed to disabled;
  • put on persons who lost the breadwinner;
  • allowed for long service;
  • assigned to people when they reach the retirement age.

In some cases, the value of aliminal payments can be reduced:

  1. if a child whose age is at least 16 years old, there are sources of income (for example, if he works or receives a scholarship);
  2. when changing the financial or family position of former spouses;
  3. when a parent who pays for money, serious health problems that requires greater costs.

Alimony with old-age payments and seniority

According to Law No. 400-FZ, the pension is a monthly salary that pays the FIU to the elderly person to compensate for lost wages. It is made any 60-year-old man and a 55-year-old woman (since 2019, this age will begin to grow). Pension age does not relieve a person from the obligation to contain their children, since the pension (both in old age and by service) is one of the types of human income.

The maximum percentage of retirement funds is 50%. Thus, receiving 15 thousand rubles every month, the pensioner is obliged to give a maximum of 7.5 thousand rubles for the maintenance of children.

If the pensioner got a job, he needs to notify the bailiff or the second parent as soon as possible (if there was a contract between them), since its income changed. If he did not do this, the second parent who has a child who lives may request a request to the FIU or tax and find out whether insurance premiums are paid for him. If it turns out that the former spouse is employed, you need to go to the attacks and apply.

Savior pension suggests earlier care from work on rest for some categories of citizens. According to Law No. 166-FZ, it is put on federal civil servants, military, test pilots and cosmonauts. After leaving the family, alimony is required to pay both teachers and doctors and staff of the Ministry of Internal Affairs and servicemen, including military veterans. Moreover, free drugs and medical services are usually launched, including dental prosthetic, free transportation in transport (both automobile and urban and railway, water and air) to the resort and back, benefits for utilities and so on. This is taken into account when appointing the amount of alimony. Alimony will be charged with different premiums, for example, for military merit.

Alimony from a disability pension and lover of the breadwinner

Like all citizens, people with disabilities should pay alimony for the content of their minor children. Even people with disabilities of the first two groups that cannot independently provide themselves are no exception. Most often, if pension payments for disability are the only source of human income with the disability of the I or Group II, a solid amount of money is prescribed as an alimony. Sometimes it can reduce it if most of the disabled funds goes to pay for his treatment and it does not have the opportunity to make money.

The dependents remaining without the breadwinner are the only ones who may not pay alimony from pension payments. But this concerns only a pension on the lurch of the breadwinner. These funds are allocated from the country's federal budget, and payments to them from the local one. This rule is regulated by the second paragraph of Decree No. 841.

Recovery of payments for children

If the former spouses cannot come to an agreement on the payment of children's content independently or one side refuses to negotiate, the second can submit a lawsuit. For this purpose, the following paper must be brought:

  • passports of parents;
  • certificate of divorce or marriage;
  • certificate taken at the place of residence confirming the fact of living a child with the applicant;
  • certificate of the birth of a child (or children);
  • certificate of income as the applicant and the defendant;
  • other papers on the need (for example, a certificate of the defendant's disability group).

If the application is applied to the payment of alimony in favor of an adult child, which is disabled disabled person, will need documents that will confirm disability and the fact that the family is in need.

After the court appoints the order and amount of payments, it is necessary to contact the court office for the executive list. After that, you can go to the separation of the Federal Bailiff Service, located in that area where the payer lives. Bailiffs make a decision on the initiation of enforcement proceedings, issuing a procedural decision. This document is then sent to the applicant and the debtor, who is called upon to fulfill the obligation within 5 days. If this does not occur by the goodwill of the debtor, forced measures are applied to it. There is another option. The parent, who remained a child or children, can contact the Pension Fund (if a pensioner, besides, officially works, then to its employer) - employees will calculate what size should be payments from a pension. Based on the executive list, a certain amount that will be charged to the applicant will be charged to the applicant's account will be held monthly from the pension complaint.

With you, both departments need to take a passport and bank details to which money will come.

Private cases

  1. the presence of a female pregnancy certificate (the fact of pregnancy must be installed before the dissolution of marriage);
  2. marriage must be registered officially;
  3. the future mother must prove the court that the husband does not give her funds.

Article 90 of the Family Code does not limit the list of spouses, who, after a divorce, can apply for alimony, future mothers. Payments can also be calculated:

  • parent, raising a common disabled child until he becomes an adult (if a child has a disability of I group from childhood - while care is carried out);
  • one of the spouses who became disabled during marriage or within one year after its decay;
  • the needy spouse, who became a pensioner for a maximum of 5 years after the dissolution of marriage (if the marriage itself was not short-term).

Article 91 transfers cases when the alimony on the second spouse in the above cases is not paid:

  • if the demanding spouse has become disabled due to alcohol abuse or drugs or as a result of the deliberate crime;
  • if the spouse, requiring payments, behaves unworthy;
  • if the marriage was short.

Conclusion

Every citizen of the Russian Federation, who left the child to care a second parent, is obliged to pay alimony for its content, and pensioners are no exception. The only ones who do not come to pay, are people living on payouts in the loss of the breadwinner. In all other cases, payments will be calculated on the basis of all income. If the pensioner got a job, he should immediately provide the appropriate papers to keep money from his salary. In addition to children, in some cases will have to contain both former spouses.