Payment rules
The law allows you to transfer child support to any post office in the country. It is important that their payment via mail complies with certain rules.
- Payment must be made strictly in accordance with the terms specified in the voluntary agreement or in the writ of execution:
- monthly;
quarterly;
- every 6 months;
- once a year.
- The postal order must correspond to the amount of the penalty specified in the documents.
- The mailed payment must contain information that allows it to be identified as child support.
Withheld amounts must be transferred by mail no later than three days after the payment of income.
If the decision to transfer funds by mail was made by the court, the postal transfer form must contain information about:
- the period for which transfers are made;
- the amount of income of the payer of the penalty for the specified period;
- the number of days worked by the payer in the specified period;
- the amount of personal income tax withheld from wages;
- accrued alimony;
- transferred debt and the balance of debt, if any.
Debt can arise when a fixed amount of collection is established and low wages, when withholding cannot exceed 70% of income. Such detailed information in the section “for written communication” makes the calculation of alimony transparent, allows you to confirm the fact of payment, and avoid misunderstandings and conflicts between separated spouses.
If alimony is transferred by mail on a voluntary basis, the form must indicate:
- last name, first name and patronymic of the person receiving the funds;
- transfer amount;
- address and postal code of the transfer recipient.
To transfer assistance to a child by mail, the payer must present a passport. After receiving the money, the sender receives a receipt, which records the category and type of item, the recipient, the name of the post office and the transfer number.
Pros and cons of transferring alimony payments via mail
Transferring alimony by postal order is indeed the most common practice. As a rule, the postal service is used by residents of the outback, where electronic banking resources are not so accessible. Unlike banks and ATMs, post offices are available even in the most remote villages , which greatly simplifies the process of receiving and paying alimony through the mail.
It is convenient to use postal services if:
- There are no banking institutions in the area of residence of the payer or recipient of alimony;
- There are difficulties opening a bank account or using a bank card;
- The recipient does not have the opportunity to personally appear at the payer’s place of work to receive alimony.
However, one cannot fail to mention the disadvantages:
- Tariffs are higher than commission fees of banking institutions;
- Sometimes you have to stay in the branches for hours due to long queues and the long process of sending or receiving a postal order.
How much does money cost by postal order?
The period for receiving alimony payments by postal order depends on the service chosen by the sender. As a rule, the recipient can pick up the funds within a few hours, but the maximum period for receipt is 8 days. At Russian Post, alimony can be sent using one of the services:
- Express translation of "Fast and Furious". Money arrives instantly, the shipment can be either with or without an address. The transferred amount can be collected at any post office.
- Postal transfer. Is addressable. If funds are issued in cash, then the minimum period for making a transfer is 2 days, and the maximum is 8 days.
- Transfer of funds from a bank card with receipt in cash - maximum sending amount is 15,000 rubles. The transferred amount can be received the very next day from the date of departure.
How to transfer alimony payments to an individual via mail
The obligation to pay child support for minor children is established for parents who live separately or do not voluntarily participate in the maintenance. It is not necessary to get divorced to collect payments. The obligation arises on the basis of a writ of execution (WOR) received in court, or under an alimony agreement concluded with a notary.
In both cases, the recipient has the right to demand payment of money by postal order.
To do this, the person obligated to pay alimony must do the following:
- Contact the post office in advance and fill out the postal form, then hand it to the employee.
- Transfer money - the principal amount with commission. In a few days they will be issued to the recipient.
The postal form is issued directly at the branch; to fill it out you will need the following information:
- amount to be transferred;
- Full name, address of the payer;
- Full name, address of the recipient;
- purpose of payment – child support (full name);
- passport details;
- sender's signature.
How to receive a transfer and is it possible for another person
Receipt of the transfer is carried out by the recipient of alimony or his legal representative (for example, a parent). To receive it, you must provide a passport or any other document that can confirm the identity of the recipient (for example, a temporary identity card).
It is also possible to receive alimony through a representative.
To do this, you will need to issue a notarized power of attorney with the right to receive funds, and not just allowing representation. The right to receive funds must be expressly stated.
What should a father do if his ex-wife filed for child support? The answer is presented in the article “What to do if your wife filed for alimony.” You can find out how the alimony court process works here.
In what cases is alimony paid through Russian mail?
Maintenance obligations may arise:
- On a voluntary basis. This means that the parties enter into an oral or written agreement (simple or notarized), in which the amount of payments, the method of transfer and other conditions are established by mutual agreement.
- On a forced basis. that is, payments are assigned on the basis of a court decision and are executed according to a writ of execution sent to the bailiffs. It is in the executive document that all the conditions for transferring money are prescribed.
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The frequency of payments is set voluntarily or through the court, and can be different, for example, every month or quarter.
Methods of transferring money:
- personally from hand to hand (do not forget to take a receipt for receipt of alimony);
- payment transfer via Russian Post;
- payment transfer through a banking organization.
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Should a father pay child support if he is deprived of parental rights?
The most common and convenient method of transfers is through bank cards and accounts.
But still a large number of citizens receive alimony by mail and this is due to the following:
- location of the recipient or payer in a remote area to which there is no banking system or it is difficult to access. And there are post offices in almost all localities.
- making translations the old fashioned way, out of habit. This is not an unimportant factor, especially for older people who often do not trust plastic cards.
Receiving payment by proxy
If the ex-spouse with whom the minor child lives cannot personally receive the money due at the post office, another individual can receive benefits.
To receive money, an authorized citizen must have a notarized power of attorney from the recipient of the funds. How to issue a power of attorney for alimony by mail and what you need to know for this will be explained by any notary, regardless of the territorial location of the latter.
The text of the power of attorney must indicate:
- the purpose of the document is a power of attorney to receive money;
- place and date of issue;
- information about the principal (name and patronymic, surname, passport details, place of residence);
- information about the authorized person (place of residence, first and patronymic, last name, passport details);
- reasons for paying money (agreement, court decision) and how the payer will pay alimony (via mail, to a card, to an account);
- information about the minor child for whose maintenance the payment is intended;
- details of the branch where the payment is to be received;
- validity period of the document;
- handwritten signature of the principal.
How often do you need to pay child support through Russian Post?
The regularity of alimony payments by mail is one of the key conditions for their assignment; it is established in the following executive documents:
- Voluntary alimony agreement between parents, certified by a notary;
- A court decision to collect alimony (how to file a claim for alimony?);
- Performance list.
These documents indicate the basic requirements for payment of alimony: amount, method of transfer and frequency of payments. Child support can be paid in different ways, depending on the agreement between the parents:
- Monthly;
- Quarterly;
- Every 6 months;
- Annually;
- One-time.
Most often, alimony is paid monthly.
What to do when the transfer does not arrive
A situation may occur in which the promised money does not reach the recipient of the alimony. The post office can help resolve this issue. However, they are not obliged to respond to relevant requests from citizens and in most cases do not do so. Then the recipient of alimony by postal order should go to the bailiff service.
Based on the received complaint and the writ of execution issued by the court, the bailiff will request information at work of the alimony payer and will carry out a scheduled inspection. A copy of the complaint should be sent to the alimony payer’s office.
To clarify the situation, the recipient of alimony can contact both the accounting department where he works and the post office employee. For a more prompt and effective result, it is recommended to refer to Article 315 of the Criminal Code of the Russian Federation, which provides for criminal liability for obstruction in the execution of a court decision.
Principles for transferring alimony payments via mail
You can use any post office in the country to send money to children. To make a transfer, the payer must present a civil passport or other document confirming his identity (the details are entered in a special field of the payment document). After completion of the operation, the operator will issue the payer a receipt confirming the fact of transfer of money.
If the most optimal method for transferring alimony is by mail, then it is worth considering some features:
- The frequency of sending funds for child support must correspond to the executive documentation (monthly, quarterly, once every six months, once every 12 months, and so on).
- The amount of money sent via mail must correspond to the amount of alimony indicated in the writ of execution.
- The document must contain the name of the payment: child support.
- If the fundamental documentation for alimony payments is a court decision, then you will need to provide the following data:
- the amount of the payer’s earnings;
- the period for which the payment is made;
- the amount of tax withheld from earnings and the amount of payment to offspring;
- information about the claimant.
- If a parent provides financial support to children on the basis of an oral agreement, then it is enough to indicate the amount of the transfer, as well as the full name and address details of the recipient.
There are 2 types of transfer of funds for child support:
- Address transfer implies the presence of address information of the recipient of the money. They can only be picked up at a designated post office.
- Transfer without address. The document indicates only the full name of the claimant. He can receive money at any branch after presenting his civil passport.
The amount of postage when sending alimony in 2021
With a targeted payment, the recipient's place of residence is indicated; with an addressless payment, accordingly, not. In some cases, a party does not want to tell the payer their place of residence for certain reasons, so using addressless payment seems to be the most convenient.
How to transfer alimony payments through Russian Post
The amount that the Russian Post operator will add to the payment amount is called the commission for transferring funds. It does not have a minimum established by law, since it is assigned as a percentage of the transfer amount. In other words, in each case the commission amounts to different figures. Therefore, we recommend that you carefully study the tariff plans for transferring alimony via mail.
Today, there are several main ways in which you can transfer funds as alimony payments. Money can be transferred from hand to hand to the direct recipient, and it can also be transferred to the recipient’s bank account at a branch of any bank. In addition, you can transfer alimony by postal order.
- no more than 1 thousand rubles, then the fee is 40 rubles + 5% of the amount;
- more than 1 thousand rubles, but less than 5 thousand rubles, then 50 rubles + 4% of the transfer amount;
- more than 5 thousand rubles, but less than 20 thousand rubles, then 150 rubles + 2%;
- more than 20 thousand rubles, but less than 500 thousand rubles, then 250 rubles + 1.5 of the transferred amount.
well, or alimony. Or try to find out everything with a hot iron. Then Article 70. The procedure for collecting alimony and arrears on alimony obligations. The procedure for collecting alimony and arrears on alimony obligations is determined by the Family Code of the Russian Federation. and further in the text of the Family Article 109. Obligation of the administration of the organization to withhold alimony
Alimony for children left without parental care is collected only through the court. The court determines the amount of alimony in the same manner as the amount of alimony for minor children. They are paid to the child’s guardian or trustee, his adoptive parents, or transferred to the account of the organization in which the child is located (educational, medical organizations, social service organizations, etc., Article 84 of the RF IC).
In accordance with Art. 12 of the Law on Enforcement Proceedings, the executive documents on the basis of which alimony is collected are:
- writs of execution;
- court orders;
- notarized agreements on payment of alimony (or their notarized copies),
and from 2021 also notarized mediation agreements (or their notarized copies).
The amount of alimony is established by a court decision or agreement on the payment of alimony and is indicated in the writ of execution. Alimony is collected monthly, the procedure for determining the amount is described above.
According to Art. 138 of the Labor Code of the Russian Federation and Part 3 of Art. 99 of the Law on Enforcement Proceedings, the total amount of all deductions when paying alimony for minor children cannot exceed 70%. Moreover, the amount of deductions is determined based on the amounts remaining after taxes are withheld.
In accordance with Art. 109 of the RF IC, the administration of the organization at the place of work of a person obligated to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution, a court order, is obliged to withhold monthly alimony from the wages and (or) other income of the person obligated to pay alimony, and pay or transfer them at the expense of the person obligated to pay alimony to the person receiving alimony no later than three days from the date of payment of wages and (or) other income to the person obligated to pay alimony.
In turn, the recipient of alimony chooses how it is more convenient for him to receive alimony:
- at the cash desk of the organization where the alimony payer works;
- from the bank account to which alimony is transferred;
- by postal transfer.
The recipient must inform the accounting department of the organization carrying out the deduction about the decision made by writing a statement, which, among other things, reflects the method of receiving the funds, the postal address, and, if necessary, bank account details. The transfer and transfer of funds for alimony is carried out at the expense of the debtor.
When issuing alimony in cash from the organization's cash desk personally to the recipient or by his power of attorney, the cashier is obliged to note the number, date and place of issue of the presented passport or other document identifying the recipient, as well as the place of his registration.
Based on the meaning of Art. 86 of the RF IC, parents from whom alimony has been collected for minor children or for disabled adult children in need of help may be involved in bearing additional expenses for the children caused by exceptional circumstances.
Such circumstances include serious illness, injury to minors or disabled adult children in need, requiring, in particular, payment for outside child care, other expenses necessary to heal or maintain the health of children, as well as for their social adaptation and integration into society (expenses for prosthetics, for the purchase of medicines, special means for care, movement or training, etc.), lack of residential premises suitable for permanent residence and other circumstances.
The procedure for the participation of parents in incurring additional expenses and the amount of these expenses are determined on the basis of a notarized agreement of the parents or by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed amount of money payable monthly.
The court has the right to oblige parents to take part both in additional expenses actually incurred (including one-time expenses) and in additional expenses that need to be incurred in the future.
When deciding whether to collect additional expenses, the courts take into account what evidence is presented by the plaintiff to confirm the need to incur these expenses (for example, a doctor’s appointment, a rehabilitation program), and whether these expenses are a consequence of circumstances of an exceptional nature (clause 41 of the Resolution of the Plenum of the Supreme Court RF No. 56).
There are different ways to fulfill alimony obligations. In accordance with the Family Code of the Russian Federation, alimony can be received by the recipient in several ways:
- transfer from hand to hand;
- deduction from salary through accounting (in case of official employment of the payer);
- transferring money to a bank card or current account;
- Postal transfer.
These methods are established based on the specific circumstances of the cases.
An analysis of the statistics of court decisions shows that today the most common way of paying alimony is withholding from wages. In this case, by a court decision, part of the income of the alimony provider is subject to transfer in favor of the recipient.
Methods of collection such as the transfer of natural products are less commonly used, since this applies only to categories of the population engaged in agricultural activities.
Modern postal service not only performs the function of sending letters, but is also an institution authorized to carry out money transfers. At the same time, users have the right to choose the urgency and cost of postal services.
By using postal services to transfer alimony, you can choose a postal transfer option that is convenient for you, both in terms of the speed of the service and relative to its cost.
If we talk about the options for existing transfers, then first of all we can distinguish addressed and unaddressed items.
Addressed transfers can only be received at a specific post office. The addressless option assumes that the recipient of alimony will be able to pick up the money at the branch where it is convenient for him. A passport will be sufficient for personal identification.
In addition, postal transfers can be classified according to the speed of their implementation as urgent and non-urgent (ordinary). If deadlines are running out (and alimony requires accuracy in the dates of payment), then the payer has the opportunity to order an urgent money transfer. This will allow you to transfer funds within a few hours.
The process of processing transfers via mail is quite simple, but those who are faced with such a need for the first time sometimes encounter difficulties.
Some alimony payers have a question about how to transfer alimony through Russian Post, what is needed for this, how long will it take.
It's actually quite simple. You need to take your identification document with you, otherwise you will not be able to make the transfer. Then you will need to perform a number of simple steps:
- Obtain a postal order form from the postal employee.
- Fill out the form in legible handwriting, indicating all the necessary details.
- Provide the postal employee with a form and the actual funds to pay alimony.
- Pay for postage.
Perhaps the most difficult thing that payers will have to face in the process of transferring alimony via mail is filling out a postal transfer form. You need to be careful and accurately enter the details of the sender and recipient, the amount of the transfer, its intended purpose, and so on.
Be sure to sign the form and don't forget to date it. Correctly specified details are the key to successful delivery of the transfer to the recipient.
Since postal services are paid, it should be noted that in addition to the alimony itself, you will have to pay postage.
Postal fees for alimony in 2021 are paid according to a tariff plan that takes into account:
- transferred payment amount;
- a fixed amount for the provision of postal transfer services.
Please note that the amount of the fee depends on the amount of the transfer (from 1.5 to 5%).
Remember that postage is not included in the amount of child support.
Question answer
Question
Since the beginning of 2013, my ex-husband has been paying alimony allowance for the maintenance of our common young daughter. In June 2015, I decided to move to a neighboring region for permanent residence. Due to the fact that my daughter’s father transferred alimony through a postal transfer, I wrote a power of attorney for my friend Tatyana so that she would receive this money, and then send it to a bank card. However, for three months, my trusted representative has not transferred money to me, although she receives it at the post office every month, citing the fact that she herself has no means of subsistence. Can I get my money back and bring Tatyana to justice for fraud?
Answer
In your case, there are civil legal relations, you can contact the police with a similar statement, but most likely you will receive a decision to refuse to initiate a criminal case due to the lack of corpus delicti in the actions of your friend. In order to return the alimony allowance, file a claim with the court, setting out everything in detail and consistently, it is advisable that a legally competent person help with this. You can attach to the claim as evidence: a copy of the power of attorney, information from the post office about the transfer of alimony and its receipt by the authorized person, as well as an extract from your accounts stating that your friend did not transfer any funds.
Question
My husband and I divorced at the beginning of 2015; from our marriage we have two minor sons who, by court decision, live with me; my ex-husband lives in a neighboring village. According to the court order, the father of the children was obliged to transfer monthly alimony benefits by postal transfer in my name. But after the divorce, I got a job, and due to my busy work schedule, I have no opportunity to receive alimony payments by mail. I decided to write a document that would allow my mother to receive child support by mail instead of me. Having learned about this, the ex-husband threatened that he would appeal this power of attorney, since he believes that alimony will not be used to raise children, but will remain with the former mother-in-law. Is it possible that the court will cancel this document and oblige me to personally receive child support benefits?
Answer
You have every right to write a power of attorney to receive alimony benefits, including for your mother; the court is unlikely to invalidate it. It is advisable to have it certified by a notary. However, if the defendant declares that alimony does not go towards the upbringing and maintenance of children, then he must confirm this fact with evidence, and not just words. If such a fact is proven, the court will oblige the payer to transfer no more than 50% of the amount of alimony to the child’s account.
Methods of paying alimony
There are different ways to fulfill alimony obligations. In accordance with the Family Code of the Russian Federation, alimony can be received by the recipient in several ways:
- transfer from hand to hand;
- deduction from salary through accounting (in case of official employment of the payer);
- transferring money to a bank card or current account;
- Postal transfer.
These methods are established based on the specific circumstances of the cases.
An analysis of the statistics of court decisions shows that today the most common way of paying alimony is withholding from wages. In this case, by a court decision, part of the income of the alimony provider is subject to transfer in favor of the recipient.
Methods of collection such as the transfer of natural products are less commonly used, since this applies only to categories of the population engaged in agricultural activities.
To understand in more detail the methods of transferring financial support, read about how alimony is paid in the Russian Federation.
Features of the method, pros and cons
The peculiarity of a postal transfer is that responsibility for the delivery of funds is transferred to the postal organization, in the case of the Russian Federation this is Russian Post. The payer is absolutely sure that the payment will be delivered to the recipient and even if it is suddenly lost, he can easily prove to any authority that he transferred the documents through Russian Post by providing the relevant documents.
The advantages of this method include:
- Availability of supporting documents confirming the payment.
- Accessibility (there is a post office in every district, which cannot be said about a bank branch, including Sberbank).
- The ability to send money even in the absence of the Internet.
Of the minuses it should be noted:
- Relatively high tariffs for using the services of a postal organization (high commission).
- Availability of queues (standard bonus from Russian Post).
- Long delivery time (compared to bank transfer)
Transfers from card to card by Russian Post
The main disadvantages of postal transfers:
In order to save time and money, it is possible to use the service of banking organizations - transfer from card to card.
It is possible to transfer money from card to card in the following ways, through:
- bank employee in person;
- specialized terminal (ATM);
- online bank application;
- virtual payment systems (virtual wallets);
- Russian Post online program.
Russian Post has posted a service on its website that allows you to transfer funds from card to card without leaving your home. The commission for such a service is from 65 rubles.
A payment document in the form of:
- printed paper receipt;
- online check.
For online transfers, there is a special window “Purpose of payment” , in which you can indicate that the payments relate to alimony .
If the money has not been received on the card, you need to promptly contact the sending bank.
You can contact the branch in person, or by calling the operator’s toll-free number.
How often do you need to pay child support?
Paying child support is very simple. It is important to remember that the payer must comply with the transfer deadlines and their frequency. In most cases, child support is paid based on a court decision or agreement between spouses. If the transfer of benefits is carried out on the basis of an agreement, the following payment procedure may be determined:
- once a month;
- once every 3 months;
- semiannually;
- once a year.
All this must be stated in the appropriate document (agreement or court order). It is important that the agreement between the parents must be in writing and certified by a notary. This is necessary so that the paper has legal force and the postal transfer is carried out legally. As for the amount of the transfer, it must correspond to that specified in the executive document.
It must be remembered that the amount of alimony for a postal transfer should not be less than that which could be assigned by the court. It is also interesting that postal transfer can be carried out once a year. In this case, the payer is obliged to send the amount for each month. This is done in order to reduce translation costs.
Commission
A commission is always charged for making a postal transfer. This must be taken into account by the payer, since he must pay the commission. If he pays the exact amount and does not take into account the transfer commission, then the recipient will end up missing the funds and will be able to recover them from the payer by adding a penalty.
The transfer fee is paid by depositing cash at the post office cash desk.
The commission amount is:
- When transferring up to one thousand rubles - five percent plus forty rubles.
- When transferring from one thousand to five thousand - four percent plus fifty-seven rubles.
- When transferring from five thousand - three percent plus two hundred and seventeen rubles.
Main nuances of the procedure
Transfer of alimony payments via mail is carried out in all branches on the territory of the Russian Federation. The alimony payer will have to remember a few simple rules so that the funds reach the recipient and are taken into account:
- Transfer funds for the maintenance of a dependent according to the deadlines specified in the court verdict or agreement between the parties: once every 12 months;
- semiannually;
- once every 3 months;
- monthly.
Based on cases in judicial practice, lawyers recommend remembering the following:
- Changing the method of providing alimony is permitted with the permission of the recipient. For example, if the parties have no objections to switching to a postal transfer of funds, then it is necessary to submit an application to the bailiff or change the contract with a notary depending on the type of payment (voluntary, forced).
- Paying alimony through the mail is extremely simple, but controversial issues often arise due to incorrect filling out of the form, especially the “message” column.
Unscrupulous recipients tend to find fault with the wording. If there is no word “alimony” and no description of the payment, then the transferred funds of the alimony payer may be perceived as a gift. Payment of alimony obligations will have to be made again. - Transfers by mail are often delayed. There is also the possibility of losing notification of the receipt of funds. The problem is usually a lack of staff. To receive alimony, it will be enough to come to the post office and find out the status of the transfer. Penalties will not affect the alimony payer.
- Receipts issued at the post office must be retained. They will become a strong argument in a claim for non-payment of alimony or collection of a penalty. It is advisable to write additional information by hand on the back of checks (amount transferred, date, presence of debt, remaining payment period). Such a measure will protect the citizen providing funds for the maintenance of dependents and will not take much time.
- The alimony provider must pay the commission. This does not change the final amount.
If you follow the guidelines and rules, making child support payments through the mail will be simple and safe. Otherwise, the likelihood of errors and litigation regarding late payments and debts will increase.
Deadlines for transferring funds
Depending on the type of postal service, the distance to the point of receipt, and the post office’s equipment with electronic communication systems, the transferred money may arrive at its destination within several hours or days. Attention!
The maximum shipping time in transit should not be more than 8 working days. If the transfer is not received within the prescribed period, the recipient of the benefit can file a complaint with the bailiffs, who must check the transfer of money by the payer’s employer.
When making a voluntary transfer, you should clarify the transfer directly with the sender of the money (the child’s parent), who can write a claim statement to the department with a copy of the receipt attached.