One of the results of the divorce process is the payment of alimony in the presence of minor children who remain living with one of the spouses. This issue can be resolved either voluntarily or forcibly (through the court). Fulfillment of obligations to collect alimony must be legally confirmed. This is necessary if a situation arises to prove the fact of receipt or payment of financial assistance for a child in order to more fully assess the applicant’s financial situation. A certificate of alimony is a fairly common occurrence and may be required by different authorities. That is why it is important to know what it should look like correctly and where you can get it?
When is a child support certificate needed?
A certificate of alimony is a document confirming the receipt or transfer of money for the maintenance of minor children.
Usually it is required in several cases:
- A woman wants to receive a government benefit, and she needs to prove her insufficient income. For example, to register as a low-income person, to receive federal and regional child benefits, etc.
- A man, if he is a payer, wants to apply for a loan from a bank, and the lender asks him for documents about his expenses. Alimony is included in the list of expenses that must be deducted from total earnings.
- Tax inspectors may request a document to calculate the taxable base.
- Bailiffs require a certificate if it is planned to suspend or close enforcement proceedings.
- The employment center may need a certificate for calculation if alimony is transferred through its accounting department.
Important! If the payer does not work anywhere and does not receive social benefits, but regularly pays alimony to the woman, it will be impossible to prove their receipt.
The fact is that to draw up a certificate, supporting documents are required, and in this case they cannot be provided.
Where can I get a certificate of alimony?
It all depends on the method of collecting alimony payments:
| Way | Explanation |
| By way of claim proceedings | The ex-wife files a lawsuit if she wants to recover payments for the maintenance of their common children from the father. It is also possible to collect penalties and debt. By decision of the court, a writ of execution is issued, which is subsequently handed over to the bailiffs or at the payer’s place of work |
| According to the peace agreement | It is concluded voluntarily between the parties and must be certified by a notary. The document indicates the frequency and amount of payments - in a fixed amount, as a percentage of salary, mixed alimony. An alimony agreement has the force of a writ of execution, which is usually executed by court decision |
| In writ proceedings | The claimant sends an application to the court for the issuance of a court order, and after 10 days receives the document. This is relevant when there are no disagreements between the parties, otherwise the payer can challenge everything in the manner of claim proceedings |
The organization where to get this certificate depends on the method of collection:
- To the accounting department of the organization at the payer’s place of employment. If the claimant previously presented a writ of execution or an alimony agreement, the money is transferred by the accountant in favor of the recipient automatically; the payer’s consent is not required.
- In the accounting department of the Employment Center. This option is relevant when the payer does not work anywhere and receives unemployment benefits, because in this case the writ of execution or agreement is sent there.
- In the accounting department of the Pension Fund. This method is used when the payer is an old-age or disability pensioner - alimony is also collected from these payments.
- To the educational institution at the payer’s place of study. If the person obligated for alimony is a student and receives a scholarship, payments from it are collected in favor of the child in the amounts established by law.
- From the bailiffs. If the writ of execution or alimony agreement was filed there, the certificate must be received there.
- In a military unit. When the alimony holder is a military serviceman, the application for a certificate of alimony from the place of work, as well as the writ of execution, are sent there.
Expert commentary
Kamensky Yuri
Lawyer
If the payer works for an individual entrepreneur, the application is submitted to an accountant or his employer.
Everything gets significantly worse when the father does not work anywhere, because in this case it will not be possible to request a certificate for social security. There are several possible scenarios for the development of events, ranging from refusal of payments and benefits to a reduction in their size. This occurs if the provision of the document is mandatory accounting for the calculation of government subsidies.
Receipt procedure
The obtaining algorithm is simple.
Depending on the specific situation, a person who needs a certificate of alimony for social security authorities comes to the appropriate government agency (court, accounting department, Pension Fund or Central Social Security Office) and submits an application in 2 copies. Leaves contact information and waits for the document to be processed. When the certificate is ready, he will be notified: by phone, mail or email. In some situations, bailiffs may refuse to issue a certificate. Accountants can do the same at the alimony payer’s workplace. Only in the first case, you can defend the right to a certificate through the court, but in the other - not, since accountants can issue certificates in accordance with the Labor Code of the Russian Federation or, conversely, refuse this procedure.
If the citizen paying alimony is an entrepreneur, then he himself must provide data on deductions to the relevant organizations. In this case, a certificate can be obtained through court employees.
Receipt time
The certificate is issued within 1 month. It is during this time period that the highest authorities make a decision to ban or issue the required official document.
Rules for filling out a child support certificate
A unified form of alimony certificate has not been established, however, when filling it out, you must be guided by the following rules:
- It is advisable that it be in printed form. If this is not possible, the form can be filled out in black or blue ink. Bright colors cannot be used.
- The document must reflect all relevant information in clear handwriting. Errors and omissions that significantly distort the information contained in it are not allowed.
- It is mandatory to have the official seal of the organization that issued the document.
Important! At the legislative level, the validity period of certificates confirming the accrual of payments is not limited, because they immediately indicate the periods for receiving money. However, the Social Security authority can independently set restrictions and request documents only for the last few months.
When you can’t get a child support certificate
There are several situations when issuing this certificate is not possible:
- The person obligated to pay alimony is not officially employed anywhere.
- The payer is unemployed, but is not registered with the Employment Center.
- Alimony is paid personally in person, without drawing up a corresponding agreement.
In the latter case, you can protect yourself by drawing up a receipt each time you receive alimony. It must reflect information about the amount, date and place of issue, information about the payer and recipient. It can be submitted to Social Security as confirmation of payments, but employees have the right to refuse to accept the document. If the alimony obligee transfers funds by non-cash payments, but there is no agreement between him and his ex-wife, the use of account statements is very problematic.
Expert commentary
Shadrin Alexey
Lawyer
The fact is that government agencies require a certificate of alimony that reflects only specific information, so the issue of accepting statements is controversial and there is a high probability that the applicant will be denied this.
Is there an expiration date?
It is worth understanding that the document on payment of alimony does not have an expiration date. But most often he only has information about the past time period. It can usually range from three to six months.
The absence of an expiration date is explained by the fact that the information entered in the form is truthful.
Over time, new facts about the accrual or arrears of alimony appear.
At the same time, the old data does not disappear anywhere and continues to be true at the time the certificate is issued.
After a certain period, you may need a certificate for another period of alimony payment, but this does not mean that the previous certificate has lost its validity. It just loses its relevance.
What to do if a child support certificate is refused?
Despite the fact that accountants are not authorized to refuse to provide this certificate to creditors, such cases are not uncommon. They usually refer to the impossibility of disclosing personal data, but according to the law, they do not violate the requirements of Federal Law No. 152 regarding their protection.
There are several possible solutions to the problem:
- Ask the payer himself to make a request to the accounting department.
- Send an application requesting the issuance of a document by registered mail with acknowledgment of receipt - in this case, the application will be automatically accepted, and the applicant will no longer be able to refuse.
Sample certificate of alimony
Despite the lack of a unified form, there is information that must be reflected in the certificate without fail.
Design requirements:
- In the upper left corner of the document, an outgoing number is assigned, and in the right corner, the date of issue is indicated.
- Next comes the title.
- After the header, information about the recipient is indicated - full name, as well as relevant information about the payer.
- Next, indicate the name of the employing organization and the position of the alimony obligee.
- On what basis is alimony withheld - a writ of execution or an alimony agreement. The numbers and dates of issue of documents are indicated.
- What is the amount of alimony for a specific period (the time for which information must be provided is established by the applicant himself).
- Finally, the amount is fully listed by month.
- At the end, put your full name. The director, accountant or other employee who issued the certificate is given the seal of the enterprise.
Registration of a child support certificate is required in many cases when the recipient plans to take advantage of government benefits or subsidies intended for minor children. It can be requested from the accounting department at the place of work, or, in the absence of official employment, from the government agency from which the payer receives payments.
Concept and purpose
A certificate of withholding of alimony payments is a written document that confirms the fact of deductions in favor of the recipient. The need for such a certificate may arise in various situations, both for the payer of alimony and for the recipient.
Citizens who apply to banking institutions for loans are required to confirm all their income with relevant documents.
To confirm income in the form of alimony, you will need the above certificate.
The absence of a certificate of withheld alimony can become an obstacle when applying for subsidies, benefits, various social benefits and types of government assistance. The certificate is needed in any situation when the applicant needs to confirm all funds received into his account.
A person who pays alimony may need such a certificate in the following cases:
- reduction or deduction of taxes on the amount of alimony payments;
- confirmation of financial position in legal disputes;
- for argumentation when communicating with bailiffs collecting funds;
- confirmation of payment of the full amount of established alimony or debt to close the proceedings by the bailiff.
Also, a certificate of alimony may be needed in cases where it is necessary to determine the total family income and the average monthly income for each member.
Does the father have the right to child support? The answer is presented in the article “Can the father of a child apply for alimony for his maintenance.” You can find out how alimony is paid to your ex-wife here.
