Alimony from a military personnel pension: procedure and methods of registration, amount, terms and cost

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The obligation to support their own children or disabled family members is assigned by law to people with different social status or financial situation, including the military. Depending on the category of citizens to which the alimony payer belongs, the specifics of withholding amounts from income to help close relatives in need are determined. Therefore, the interest of representatives of children or disabled people in the issue of receiving alimony from a military personnel pension is quite justified.

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Who is paid alimony from a military personnel pension?

The provisions of the RF IC stipulate the obligations of citizens to support needy family members. Yes, Art. 80 of the Code suggests that parents must financially provide for their child. Also, the following may apply for alimony payments from a serviceman’s pension (Article 89, Article 87 of the RF IC ):

disabled parents/spouses;
ex-husband/wife, if caring for a child with a disability group;
pregnant wife - for 3 years from the date of birth of the common baby.

Additionally, other disabled family members recognized as needy have the right to count on material support from a member of the Armed Forces of the Russian Federation (RF Armed Forces):

grandchildren;
brothers/sisters;
grandparents;
stepfathers/stepmothers.

Also, alimony from a military pension is provided to actual caregivers (Article 96 of the RF IC ).

Normative base

The procedure and features of payment of alimony obligations from a military personnel’s pension are defined in a number of legal documents:

Section of the RF IC.
Decree of the Government of the Russian Federation No. 841 of 1996.
Art. 131-132 Code of Civil Procedure of the Russian Federation.
Federal Law No. 229-FZ of 2007.
Resolution of the Plenum of the Supreme Court No. of 2021.
Art. 157 of the Criminal Code of the Russian Federation.
Art. 5.35.1 Code of Administrative Offenses of the Russian Federation.

Taking into account the circumstances that determine the procedure for collecting material support for minors and needy family members from funds provided to a military personnel based on length of service, the regulatory framework can be supplemented with other documents.

Legislative regulation

Basic rules on income, from which amounts can be taken for the maintenance of minors, are contained in Art. 82 RF IC. The issues of determining payments to be taken into account as the basis for alimony have been specified by the Government. Since July 18, 1996, Resolution No. 841 has been in force, which lists all types of such income.

In 2015, the latest amendments were made to the document regulating specific issues regarding the procedure for determining the premium from which funds can be collected for the maintenance of minors.

The issue of income taken into account when calculating alimony will be discussed below.

What are the ways to pay alimony from a military personnel pension?

The fulfillment of the obligation of a former contract employee of the RF Armed Forces to support his children and disabled family members can be implemented in various ways. The method of paying alimony from a military pension is determined taking into account the relationship between the person obligated to provide for relatives in need and the citizen to whom the serviceman must pay money (Chapter 16, Chapter 17 of the RF IC):

The first option is a voluntary agreement. As part of the agreement, an agreement is reached on the provision of financial assistance to a person in need from a military personnel pension. Mandatory certification of the document by a notary is required. The conclusion of a transaction is possible only if there are no claims under the terms of the agreement. Therefore, in practice, the voluntary method of paying alimony obligations from a military personnel’s pension is rarely used.
The second option is a court order. The method is relevant if the payer was unable to reach an agreement with the recipient of financial assistance on the terms of withholding funds from payments to the military for length of service. At the same time, the claimant wants to obtain obligations in a simplified manner and has the documents necessary to substantiate his position.
The third option is to file a claim in court to claim alimony, from payments to a military personnel based on length of service. This is the most time-consuming option, so thorough preparation for the process is required. Often, the claimant of payments from a military pension to meet the needs of people in need has to bear the costs of engaging a human rights defender.

The procedure for withholding alimony from a military pension in each individual case has its own characteristics, formed by regulatory documents and judicial practice, which requires a detailed consideration of all options.

The procedure for registering alimony obligations from a military pension on a voluntary basis

Voluntary financial support for a minor child or disabled family member is a recommended option that allows you to get rid of most of the financial complications. When concluding an agreement on the payment of alimony obligations from a serviceman’s pension, it is necessary to be guided by the provisions of Chapter 16 of the RF IC. The registration procedure includes the following steps:

First of all, the needy person (or his legal representative) and the payer, who has obligations to support a disabled family member, need to negotiate the terms of payment of alimony from the military man’s pension, since an agreement can only be concluded in the absence of mutual claims and without any coercion. If it is subsequently proven that one of the parties to the transaction acted under the influence of threats, moral or physical pressure, the agreement is canceled.
Next, it is necessary to reflect in writing the conditions for paying obligations from a military pension. The legislation does not provide for a specific form for the agreement, however, in order to avoid invalidation of the agreement, it is better to use the general sample given below.
After drawing up the official paper, it is necessary to certify a document confirming the possibility of withholding funds from a serviceman’s pension with a notary (Article 100 of the RF IC), having previously paid the state fee for this service and for technical actions. The specialist checks the agreement for compliance with the law and the absence of conditions that violate the interests of the person in need.

A sample of a classic alimony agreement is available.

When contacting a notary, you need to collect a number of documents:

civil passport - from each party to the transaction;
a certificate confirming the assignment of a pension;
certificates of: birth of a child, registration of relationships, divorce.

IMPORTANT
Additionally, other information may be required at the request of the notary. For example, if one of the participants in the transaction to conclude a voluntary agreement on the payment of alimony obligations changed their last name, it is necessary to provide the corresponding certificate. If a child, a recipient of payments from a military personnel pension, was adopted, you must have with you a court decision confirming this fact.

Necessary documents for registration through the court and by court order

To receive financial assistance for the maintenance of a disabled family member from a military pension, you need to collect a number of papers, guided by Art. 132 Code of Civil Procedure of the Russian Federation:

an application demanding the recovery of amounts due to a needy person;
receipt as proof of payment of state duty;
certificates of: marriage, divorce, birth of a child;
extract from the house register;
a certificate confirming that the defendant has received a military pension.

Additionally, other documents may be required:

a medical report according to which the person in need was assigned a disability group;
income certificate - necessary to justify the amount of alimony payments from a military personnel pension;
a court decision to recover financial assistance from the defendant or an agreement on financial support - if any;
power of attorney to represent the interests of the applicant, certified by a notary.

Also, to confirm testimony when participating in meetings, it is allowed to attract witnesses and use photos, audio and video materials.

Attention

When applying to a magistrate's court, in order to obtain a verdict on the collection of alimony from a military serviceman's pension by order, a similar list of documents is required. The exception is a claim - you will need to draw up a separate statement using a standard form.

A sample statement of claim for the recovery of alimony obligations to the Magistrates' Court is available

The income of a military personnel that forms the basis for alimony payments.

People in uniform often find themselves “on the radar” of bailiffs. And it’s not about any moral qualities, it’s just that military men, like everyone else, start families, get married and get divorced.

Alimony can be awarded both during marriage and after its dissolution. A military uniform does not relieve a citizen of responsibility.

Contract servicemen and military retirees are required to support their children.
According to Resolution No. 841 of July 18, 1996, alimony is collected from all income of military personnel, except for those included in the list of exceptions.

This means that a military man’s salary, his pension and other income are the basis for deducting benefits in favor of minors.

Moreover, if alimony was assigned in the form of a fixed amount, it will be deducted from the salary.

And if the amount was assigned as a percentage, then for one child the serviceman will pay a quarter of the amount of all his income. The bailiffs will rely on the court order.

Pensions for military personnel are sometimes granted at a young age, even before the age of 40. Therefore, the question of collecting alimony from a military personnel often arises.

Income that cannot serve as the basis for calculating alimony.

The law provides for a number of payments from the state, which belong entirely to the citizen.

Alimony is not collected from these payments, and they are not taken into account when calculating the average monthly income of a citizen to determine the amount of alimony.

All payments assigned for specific hours worked, according to the tariff. These are overtime, non-cash payments, a percentage of revenue, etc.
Hours worked as a substitute.
With bonuses and fees.
From payments for an academic degree, title, length of service, etc.
With payments for difficult and harmful working conditions.
Classroom management fees for teachers.
With payments to medical workers for certain duties.
Funds received to compensate for damage to health due to injuries at work.
Money paid to families whose property was damaged by natural disasters.
Survivor's pensions.
From maternal capital.

A detailed list of points is contained in Articles 101 and 446 of the Code of Civil Procedure.

Alimony from inheritance.
In what cases can the amount of alimony be reduced in 2021?
Alimony from dividends.
Child support: if there is 1 child, two or three children in the family.
Alimony 70 percent: in what cases will the court order.
Alimony: from what income is withheld, from what income is not deducted.

The procedure for obtaining alimony from a military personnel pension through the court and by court order

In accordance with Art. 122 of the Code of Civil Procedure of the Russian Federation, the collector of alimony from a military serviceman’s pension has the right to demand financial assistance in a simplified manner. The procedure for assigning financial support to a citizen in need is carried out as follows:

The claimant prepares a package of requested documents and fills out an application to receive financial obligations from the serviceman’s pension, after which he sends the demands to the magistrate’s court at the place of residence of the alimony obligee.
The materials of the case are reviewed and a decision is made. At the same time, none of the interested parties is involved in the proceedings - the judge approves the decision based on the information received.
If the verdict is satisfactory, the collector of obligations from the serviceman’s pension receives an order to transfer it to the FSSP employees.
The judge sends a copy of the decision to the serviceman, who can appeal the verdict within 10 days.
If the alimony obligee has not used the right to protest the order, the decision comes into force.

If one of the participants in the case files an objection, the order is canceled. In the future, consideration of a request to withhold funds from a serviceman’s pension is carried out within the framework of a lawsuit based on a statement of claim with summons of the parties and hearings.

To submit claims for alimony from a military pension, the claimant must proceed as follows:

Send an application to the branch of the district court at the place of registration of the serviceman who is obliged to pay obligations from the military pension to disabled family members, attaching documents confirming the position of the claim.
Pay the state fee, the amount of which is determined by Art. 333.19 Tax Code of the Russian Federation. To repay the fee, you need to request details from the court office.
Take part in the proceedings on the appointed date and time. The day of the first meeting is set within a month from the date of acceptance of the claim.
If the decision on alimony payments from the serviceman’s pension is satisfactory, all that remains is to receive a copy of the verdict and hand it over to the FSSP employees.

A sample application to the District (city) court for the collection of alimony is available.

For your information

The bailiff service is appointed responsible for the execution of the order on the payment of alimony from a military pension. To receive the required payments, FSSP employees carry out measures to collect funds, the procedure for the implementation of which is established in Federal Law No. 229-FZ of 2007.

Who are military personnel?

According to the law, military personnel are soldiers and officers of the Ministry of Defense. But it should be noted that this is not the only ministry in the country that has contract employees.

According to the Federal Law of March 27, 1998. “On military duty and service”, law enforcement agencies include:

Customs authorities.
Bodies of the Ministry of Internal Affairs.
FSB bodies.
Ministry of Emergency Situations.
The former Federal Drug Control Service.
FSIN.

Let's talk separately about such a category of military personnel as conscripts. According to Government Decree No. 841, while serving in conscription, they are obliged to pay alimony to their child: children's money is withheld from their allowance (maintenance).

But, since conscripts do not serve in the army under a contract, upon termination of service (discharge), they do not have the right to receive a special military pension.

Terms and cost of registration

Depending on the method used for processing alimony from a military pension, the amount of time and financial expenses may differ:

One of the least expensive options is to establish support for a person in need through a voluntary agreement. The entire registration process can be completed within 24 hours. But the parties to the transaction may need up to several days to reach an agreement on controversial issues. For certification by a notary of a document on the withholding of funds from a serviceman’s pension, you will have to pay 250 rubles (state duty established by Article 333.24 of the Tax Code of the Russian Federation) and from 1 thousand rubles for technical services.
Another option for claiming alimony from a military salary for the maintenance of a disabled family member, which does not require significant investments, is to apply to the magistrate’s court to obtain an order. The state duty in this case is 150 rubles and is established by Art. 333.19 Tax Code of the Russian Federation. After filing the application, the court issues a verdict within 5 days, of which the military serviceman and the claimant of payments for the maintenance of needy persons are notified. The decision comes into force 10 days after the alimony obligee receives a copy of the order.
Filing a claim to recover funds from a military pension involves a state fee of 150 rubles. In practice, additional expenses are often required to attract legal specialists. Therefore, costs can increase to several thousand.

IMPORTANT
Regarding the timing, when filing a claim in court to receive alimony from a military personnel pension, you must take into account that the first trial is scheduled within a month. This is already more than in the case of an agreement or order. If one trial was enough to make a satisfactory decision, you will have to wait another month, which is allotted to the payer for an appeal (Article 321 of the Code of Civil Procedure of the Russian Federation). Only after this the verdict comes into force.

Where to go to collect alimony from a military pension?

After the court makes a satisfactory decision, or when issuing an order to claim alimony obligations from a military serviceman’s pension for the maintenance of people in need, you need to send a writ of execution to the territorial division of the FSSP (Article 30 of Federal Law No. 229-FZ of 2007). Based on this document, service employees initiate a case in which they carry out measures to withhold funds from the military’s salary.

For your information

Also, collectors by court decision, order or as part of a voluntary agreement can contact the branch of the Pension Fund of Russia. Employees of a government department have the right to withhold alimony from payments to military personnel based on length of service, to meet the needs of disabled family members on the basis of a writ of execution or a notarized document confirming the agreement of citizens.

Grounds for collection

Family law names two cases of collecting alimony payments from Russian citizens for dependent minor children if these children continue to live with one parent (or with both parents):

From one parent to support children (child) after the dissolution of the marriage;
From a parent who refuses to support his children, even if the parents do not divorce (Article 80 of the Family Code).

Alimony from military personnel, as from other categories of payers, is withheld monthly . The basis for such withholding of alimony payments is a writ of execution or a parental agreement. In the first case, a corresponding court decision is required, obliging the serviceman to pay alimony in a certain amount; in the second, a written agreement of the parents, preferably certified by a notary. In the case of notarization, such an agreement acquires the legal force of a writ of execution.

The procedure for collecting alimony payments from a military serviceman’s pension after a court decision

Collection options.	Required documents.	Step-by-step instruction.	Sample documents.	Price.	Deadlines.
Through the FSSP.	·The claimant's application to initiate proceedings. ·Performance list.	1. Receive the writ of execution. 2.Send the documents to the FSSP unit at the defendant’s place of residence. 3.Wait for the execution of the court decision and, if necessary, assist the bailiffs.	Application to initiate enforcement proceedings based on a court decision.	No cost required.	·30 days – time for appeal. ·3 days from the date the claimant submits documents to the FSSP - to initiate enforcement proceedings. ·5 days from the date the debtor receives the order to open a case by the bailiffs - for voluntary compliance with the requirements. ·Next, the FSSP employee sends a request to the Pension Fund about the need to withhold alimony from the serviceman’s pension. The first payments are received on the next day the funds are credited.
Through the Pension Fund.	· Application for deduction of alimony from a military personnel pension. ·Writ of execution/voluntary agreement.	1. Take a writ of execution from the court. 2. Transfer the papers to the Pension Fund branch where the debtor receives payments. 3.Wait for accrual.	Application for deduction of alimony from income.		A month from the date of the decision is given to the debtor to file a complaint. The nearest day of pension payment - from this date alimony payments begin to be withheld.
By court order.	·Application for withholding payments/initiating enforcement proceedings. ·Court order.	1. Request an order from the court. 2.Send documents to the Pension Fund or the FSSP. 3.Wait until alimony from the serviceman’s pension is calculated.	Application to initiate enforcement proceedings based on a court order.		The timing depends on the chosen method of executing the order: through bailiffs or directly to the Pension Fund. They correspond to the above values. The only difference is that you have 10 days from the date of the decision to appeal the decision.

Amounts and forms of alimony obligations

Acceptable options for withholding financial assistance for disabled members, from payments due to a former employee under a contract of the RF Armed Forces, based on length of service, are defined in Art. 104 RF IC:

As a percentage of pension.
In a fixed amount of money, which is paid at predetermined periods.
An alternative option is a one-time transfer of funds from a serviceman’s pension.

Attention
By agreement or as part of legal proceedings, other methods of providing material support may be used if the military pension does not fully cover the needs of the person in need. As an example, alimony for the sale of the payer’s apartment.

Regardless of the chosen method of receiving alimony payments (by agreement, through a lawsuit or by court order) from a military personnel pension, the interests of the child or disabled family member must be respected. The minimum amount of material support in percentage terms depends on the number of people in need:

25% of income - per person;
33% - two;
50% - three or more.

Example:
A military serviceman receives a pension in the amount of 50 thousand rubles, but has no other sources of income. If he has an obligation to support one child, 12.5 thousand rubles are withheld from the child support payments each month. When concluding a voluntary agreement, the amount of financial assistance can be 15 thousand, 20 thousand or another value.

When making calculations in a fixed amount, the amount of alimony from a military pension for material support of disabled family members is established taking into account the size of the regional subsistence minimum (Article 117 of the RF IC). The value of the indicator varies taking into account:

demographic situation;
climatic conditions;
price level;
average salary;
and so on.

IMPORTANT
When going to court, the content of the claim must indicate the amount of payments due for the maintenance of a child or a needy family member, with the ratio of the subsistence level. It will also be necessary to justify the amount of alimony from a serviceman’s pension, indicating a list of monthly expenses to meet the needs of a disabled person: for example, for the purchase of clothing, food, medicine, the purchase of educational services, etc.

Example

If a military man from Moscow receives 50 thousand rubles and must support a child, then if the court or by agreement establishes assistance in a fixed amount, the child’s father will have to pay 15,255 rubles (the living wage for children in the capital). Depending on the amount of income and needs of the offspring, the amount of alimony obligations from a military pension can be adjusted. When the regional minimum increases, the amount is indexed.

It is worth noting that, according to a court order, the assignment of financial assistance to a needy relative in a fixed amount, from payments to an employee of the RF Armed Forces based on length of service, cannot be made; only the option of calculating alimony obligations as a percentage is available. (Clause 3 Resolution of the Plenum of the Supreme Court of the Russian Federation No. of 2021).

Do they charge a pensioner or not?

This type of income is equal to wages, so they are deducted from 25% or 50%. The amount differs in each situation and can be quite large, but more than half of the income cannot be charged. But, if 25% per child is less than half the subsistence level, then alimony is increased.

But there is a possibility of reducing the amount. At the same time, the court observes not only legal norms. Morality and ethics are also not ignored.

Alimony from the pension of a soldier of the Ministry of Internal Affairs

An employee of the Ministry of Internal Affairs must support his own child and provide for the needs of a needy person from the amounts received from the budget for his service. This conclusion is confirmed by Government Resolution No. 841 of 1996, which reflects the types of income from which alimony payments are collected; the Ministry of Internal Affairs pension is included in this list. The procedure for withholding funds from a military personnel salary is carried out in compliance with the standard regulations:

By concluding a voluntary agreement, with an appeal to a notary.
With the help of writ proceedings.
Through a statement of claim.

The calculation of alimony amounts from a military personnel pension for a person in need is made taking into account Art. 104 of the RF IC and can be realized in percentage terms or in a fixed amount. The provisions of this article imply establishing the amount of obligations based on the number of children.

Some nuances of application of the law

Government Decree No. 841 also establishes a number of exceptions that apply when approving alimony obligations. The first is that financial assistance will not be withheld from that part of the pension that constitutes an allowance for an injury received in the service.

But if a disability pension has been issued, the judge decides whether it is advisable to assign payments in each case individually.

If a military service involves radiation, then you will also have to pay alimony. Although other types of financial obligations are not subject to this social support.

Another nuance is whether alimony is collected from the military personnel for awards received. Despite the fact that these are one-time bonuses, they are also taken into account when making deductions for the benefit of children. The accounting employee, at the stage of preparing payroll documents, prepares two sheets for the bank, dividing the income of the alimony worker into two parts: the first is transferred to the account of the employee himself, and the second to the bank account of the alimony recipient.

Participants and veterans of military operations receive a number of additional social subsidies. And, according to the provisions of the Law, the amount of monetary support for raising children cannot be recovered from the additional benefits of such employees.

As noted above, conscripts undergoing military service do not receive monetary allowances, which may be subject to alimony obligations.

Important ! Collection of funds is carried out only from the wages of military personnel serving under a contract.

How to receive alimony payments if the military man is not registered?

The very fact of having a registration is not significant for the collection of payments for the maintenance of disabled family members from a contract employee of the RF Armed Forces. In the absence of registration, and in accordance with Art. 29 of the Code of Civil Procedure of the Russian Federation, a statement of claim for receiving funds from payments for length of service to a military personnel can be sent to the following place:

actual residence of the plaintiff and the child;
stay of a military personnel;
location of property subject to recovery.

Attention
Upon receipt of a positive verdict on the payment of alimony from a military personnel pension, the plaintiff must submit a writ of execution to the FSSP office located at the address of registration or the last known fact of stay of the payer. If there is no information about the military’s place of residence, you should use an alternative option - ask the court to independently send the documents to the appropriate department of the bailiff service.

How can you increase or decrease the amount of alimony from a military personnel's pension?

In accordance with Art. 119 of the RF IC and Resolution of the Plenum of the Supreme Court of the Russian Federation No. dated 2021, the recipient of material support from payments to an employee of the RF Armed Forces based on length of service, or the payer himself, may petition to change the amount of alimony (reduce or increase) based on a change in financial and marital status.

Thus, to increase the amount of alimony payments from a military pension, the following factors can be used:

A representative of a person in need lost his job due to circumstances beyond his control.
The health condition of a person caring for a recipient of alimony from a military pension has deteriorated significantly. As a result, additional costs were required to purchase medicines or go to the clinic, which led to a reduction in costs for those in need.
A person supporting a child or disabled family member has died. They can be a stepfather, a stepmother, a second spouse or one of the parents.
The number of dependents of the recipient of alimony payments from a military pension has increased, which has caused a lack of funds to meet the needs of each of them.

To reduce the amount of payments for the maintenance of disabled family members, you must confirm one of the grounds:

The person obligated to pay alimony was recognized as a disabled person with the assignment of group 1 or 2, which implies loss of ability to work and an increase in the cost of maintaining life.
The emergence of new dependents on the military.
Significant deterioration in the financial situation of an employee of the RF Armed Forces (loss of work, property and other valuables).
A child who is entitled to funds from a military personnel pension, after reaching the age of 16, gets a job or becomes a businessman. The wages received and income from business activities allowed the offspring to independently satisfy his own needs.

IMPORTANT
Regardless of the basis used, to change the amount of alimony from a military pension, it is necessary to provide confirmation of each factor. As a rule, such cases are considered in court. The verdict of the judicial authority largely depends on the circumstances. For example, if the financial situation worsens, due to a large number of unpaid loans, a military serviceman cannot apply for a reduction in the cost of maintaining a needy relative. After all, loans are a purely voluntary matter.

The serviceman and the relative receiving support funds can independently reach an agreement on a new amount of payments and reflect it in the agreement.

In what cases is it possible to reduce the size?

According to the court ruling, the amount of alimony is fixed. But this amount may change due to various reasons. Accordingly, both former spouses can file a claim to review the amount of alimony.

A reduction in the amount of alimony may occur if the payer’s financial situation or health deteriorates, which affects his ability to work. The appearance of children from a new marriage may also be a reason for filing an application to review the amount of alimony . The court deals with each specific case on an individual basis.

Responsibility for evasion of payment of funds

If a contract employee of the RF Armed Forces, who must support a needy person by court decision, ignores his obligations, the violator will be held accountable. When the first delay in alimony payments from a military personnel pension occurs, the provisions of Art. 115 RF IC. In accordance with them, a penalty is charged for each day of non-fulfillment of obligations in the amount of 0.1% of the amount of arrears for alimony from a military pension. Also, the payer is brought to administrative liability under Art. 5.35.1 Code of Administrative Offenses of the Russian Federation:

compulsory work for up to 150 hours;
arrest - from 10 days to 15 days;
a fine of up to 20 thousand rubles.

If a military man for a long time does not pay alimony obligations from payments due to length of service without a good reason, or deliberately hides sources of income and property from bailiffs for collection, the debtor is assigned the status of “malicious evader”. Article 157 Federation comes into force , providing for the following penalties:

compulsory or corrective labor with a maximum period of 1 year;
arrest up to 3 months;
imprisonment up to 1 year.

Additionally, as part of enforcement proceedings, the defaulter may be subject to other collection instruments. As an example: if the amount of alimony arrears from a military personnel pension exceeds 10 thousand rubles, the debtor is deprived of the opportunity to leave the country until the violation is eliminated.

General provisions

Alimony is a monthly payment made by a parent who has left the family in favor of a child. These funds must be used exclusively to provide for the benefits of the minor. Most often, they are deducted as a percentage from the income of a particular citizen. Is alimony taken from a military personnel's pension? First of all, it is necessary to identify citizens who belong to this category:

persons serving in the ranks of the Russian Army;
employees of departments supervising drug trafficking;
prosecutors;
customs officers;
employees of the Ministry of Internal Affairs.

Even if a citizen is a pensioner, the law does not relieve him of his obligations to provide for his children. For this reason, the need to pay alimony remains with the military personnel even after retirement. Alimony payments can be collected in one of two ways:

By agreement of the parties. In this case, a child support agreement is concluded between the mother and father of the child, which spells out the main nuances regarding the amount and procedure for payments. This contract comes into force after appropriate notarization, without which it is considered legally void.
Based on the writ of execution. If the former spouses cannot reach a consensus, then the only way out of the situation will be legal proceedings. With the appropriate court decision, the defendant will be charged a certain amount of alimony payments on a monthly basis, after which the case is transferred to the bailiffs' executive service. This organization monitors compliance with the sentence, and if the father evades his obligations, funds may be forcibly withheld from him.

How to avoid paying alimony obligations from a military pension?

In accordance with Art. 120 of the RF IC, an employee of the RF Armed Forces is released from the obligation to support a needy person if:

the disabled spouse entered into a new marriage;
the child has reached 18 years of age or has become fully capable before adulthood;
the baby, for whose provision funds were collected from the military pension, was adopted;
the recipient of funds is deprived of the status of a needy person by a court decision;
a disabled family member or military member died.

Attention
In art. 119 of the RF IC specifies that an employee of the RF Armed Forces may be exempted from the need to support a needy person if there is a significant deterioration in his own financial or family situation.

Problems and nuances

The process of collecting alimony obligations from a serviceman’s pension has many features, without taking into account which increases the risk of complications that prevent the receipt of payments. Therefore, you need to determine the following important subtleties:

Before going to court, you should try to reach an agreement with the military on payments for the maintenance of the needy. In this way, you can significantly save financial and time costs associated with going to court.
When drawing up a claim to recover funds from a military pension, you should collect as many documents as possible to substantiate the positions in the application. You need to remember the requirements reflected in Articles 131-132 of the Code of Civil Procedure of the Russian Federation.
If a working military man refuses to pay alimony, it may be worth contacting his place of employment. In this case, it is likely that the desired disciplinary effect will be achieved.
After transferring a court decision to collect alimony obligations from a military pension to the bailiffs, then the recipient needs to constantly maintain contact with employees and monitor the process of withholding payments. As practice shows, FSSP specialists often delay the procedure for collecting funds from the payer, violating the regulated deadlines. The reason for this: incompetence, workload, imperfection of the system, etc. Therefore, it is important for the claimant to independently notify the executors about the change of place of residence of the serviceman, his additional income or new property.
In practice, it is not uncommon that when resolving issues regarding the assignment of alimony from a military personnel’s pension in court, it may take up to several months to obtain a satisfactory verdict on the claim. In this connection, when formulating requirements, it is necessary to initially assess their validity. Otherwise, the time spent on the proceedings may increase even more.

IMPORTANT
The effectiveness of the process of withholding alimony from a military personnel pension largely depends on how prepared the claimant is for this procedure. Therefore, before filing a claim or trying to reach an agreement with the debtor, you should study the regulations established by law, familiarize yourself with findings from practice and consider related features.

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