Is it possible to transfer alimony to a child’s card

Often after a divorce, when there are children together, fathers do not want to pay child support. This is justified by suspicions that the ex-wife will spend the money on her own needs, and not on the child. But alimony is the support of a minor.

Therefore, they must be spent on purchasing the items necessary for him, that is, food, clothing, treatment and payment for additional education. In this regard, the question often arises about whether it is possible to transfer alimony to a child’s card in order to avoid misuse of the father’s money.

The legislative framework

This situation is regulated by Article 60 of the Family Code of the Russian Federation. In addition, the necessary information is contained in Resolution of the Plenum of the Supreme Court No. 9 of 1996 and Articles 2, 3 of the Civil Procedure Code of Russia. According to them, the alimony provider has the right to transfer half of the amount to an account opened in a bank in the name of the child. But for this he needs to go through a judicial procedure and receive an appropriate court decision.

This cannot be implemented independently, since only the court can (but is not obliged) to make just such a decision. But there are cases when alimony is transferred to the child’s bank account in the amount of one hundred percent. This is possible under the following circumstances:

by consent of husband and wife;
when a minor is on state support;
when appointing a guardian (not an adoptive parent).

List of documents for direct contact with the recipient’s organization

The recipient sends a writ of execution - a court order, a writ of execution, an agreement to pay alimony to an organization or any legal entity that pays wages, a pension, or a scholarship.

Required documents:

Executive document.
A statement stating:
Full Name;
Details of the recipient's identity document.

When opening a bank account where alimony will be transferred, the card holder is issued a bank card.

What is needed to transfer payments

Today, when electronic payments are used in most areas of life, transferring alimony to a bank card is also a popular, convenient and simple method of transfer. By using it, one parent can be sure that the other (usually the mother) will spend the funds directly on the needs of the minor.

Other amounts are also transferred to his card. However, you must understand that they will no longer be considered alimony. Both the alimony payer himself and the accounting department of the company where he is officially employed have the right to transfer money. Payments are made by agreement voluntarily or involuntarily as a result of a decision on a filed lawsuit.

Attention! Employees of the accounting department can transfer money to the card if they have special documents. Funds are transferred to a bank card, the details of which are contained in one of the above documents.

Transfer of alimony payments by mail

The court's decision entered into legal force. The alimony payer is obliged to send money to the payer monthly. When performing such an operation, a specialist from the accounting department should pay special attention to the section “For written communication”, which is located on the coupon for the postal order. When filling it out, you must indicate the period for which alimony is calculated; working days worked by the alimony worker; wages and personal income tax; alimony deductions. If there is a debt to the recipient of funds, the accountant must indicate the amount of the debt.

Another point is the transfer of alimony according to a voluntary agreement concluded between the parties. In this case, the accounting department must indicate the personal data of the recipient, the amount of the money transfer, and the exact details of the recipient. All information of interest regarding the payment of alimony on a card can be obtained from an experienced lawyer who provides advice to individuals.

Self transfer

If an individual entrepreneur acts as alimony provider, or he is unofficially employed or does not have a permanent job, he pays the stipulated amount independently. Transfer to a card is carried out in one of the following ways:

through a bank cash desk;
cashless transfer from one card to another;
through Internet banking.

Important! With any method of transfer, the alimony payer should insure against claims from the recipient of payments. For this purpose, in the line “Purpose of payment” information is indicated that the transfer is carried out as payment of alimony.

It should be taken into account that the bank charges the payer a percentage for the operation. Therefore, the amount is adjusted so that the transaction does not create a child support debt. If payment is made through online banking, it is advisable to print all receipts and save them.

Submitting an application by the payer

As a rule, the payer submits an application to the accounting department for the subsequent transfer of alimony when the payment of funds is provided for by a written agreement between the parents (Article 109 of the Family Code of the Russian Federation). This document must be certified by a notary.

The payer must submit a written application to his place of work.

There is no statutory form for such a document. Perhaps the internal documents of the employing organization have developed an approximate form. By contacting the accounting department or secretariat, you need to find out if they have an approved sample.

If there is none, the application is filled out in any form, indicating the following data:

Name of the organization indicating the head or chief accountant;
FULL NAME. the payer indicating his position, structural unit (if any);
FULL NAME. recipient of the money (both mother and child), postal address;
Link to alimony agreement;
Please deduct alimony from his salary;
Indication of the method of transferring money;
Deduction start date;
The need to indicate the purpose of the payment as alimony;
Date, signature.

Attach to the application:

A copy of the agreement;
A bank statement with details for transferring money (if you choose this method of receipt).

The payer, in agreement with the recipient, may indicate one of the following methods of receipt:

Receipt of money by the recipient at the organization's cash desk;
Transfer by postal order;
Transfer by payment order to a bank account, including to a card. The most common method now is to receive payments for children to a bank card.

This method has many advantages for the recipient: cards are widely used, money is credited to the account quickly. The funds on the card can be spent on the needs of children, paying with it in stores, without wasting time going to the post office or bank to withdraw cash.

Disadvantages may occur in those settlements where there are few stores that accept cards for payment and not enough bank branches; to withdraw money you have to go to district or regional centers. For such categories of recipients, it will be preferable to transfer money by postal order.

With any of the transfer methods, the costs of such operations are subject to deduction from the alimony payer.

Application for transfer to card

General Director of Impulse LLC Sidorenko A.I.

from the senior foreman of the processing workshop Ivanov Ivan Ivanovich

Application for deduction of alimony from wages

I ask you to make a monthly deduction from my salary in the amount of 25%, starting from September 1, 2021, to pay for alimony for the maintenance of my son Pyotr Ivanovich Ivanov, born on May 21, 2012, with the transfer of the specified amount to the bank card of Maria Nikolaevna Ivanova (details are attached to this application).

The basis for the accrual of funds is the alimony agreement dated August 15, 2021.

When transferring funds, please indicate in the purpose of payment “Alimony from Ivanov I.I. for the maintenance of P.I. Ivanov.”

Attachments: - bank statement with account details of Ivanova M.N. — copy of the agreement dated August 15, 2017.

Ivanov I.I.

August 25, 2021

The payer, if he has a writ of execution, can also submit an application for the transfer of alimony due to the accounting department, a sample of which is given above. This is possible when the ex-wife is present when the alimony officer writes the application, and after writing it, attaches a writ of execution to it.

Alimony through accounting

Employees have the right to make payments only if they have the appropriate documents. If collection is carried out forcibly, the accounting department receives a letter from the bailiffs, which will contain information about the account details where the money should be transferred.

The claimant can independently submit the relevant documents. But then he must also report the details to the accounting department. When transferring papers independently, the payer writes an application for the transfer of alimony to a bank card, a sample of which can be downloaded here

Submitting an application by the claimant

The claimant can apply for the deduction of money from the salary of the alimony worker, both with voluntary withholding and in the presence of a writ of execution.

The payer's place of work is known

If you know where the debtor works, in order not to waste time on the enforcement procedure, it is better to immediately contact the alimony provider’s employer directly (Article 109 of the Family Code of the Russian Federation).

The mother also needs to ask whether the organization has developed a sample application for the accounting department. In the absence of a sample, it is drawn up in any form indicating the following data:

The name of the organization, if known, indicating the head or chief accountant;
FULL NAME. recipient of alimony (both mother and child), postal address;
FULL NAME. the payer indicating his position, structural unit (if known);
Link to the agreement or executive document;
The requirement to deduct alimony from the debtor’s wages;
Indication of the transfer method;
Date, signature.

Attach to the application:

Original writ of execution. If a copy is attached, the accounting department has legal grounds to refuse and not withhold part of the funds;
A copy of the agreement;
A bank statement with details for transferring money (if you choose this method of receipt).

If the mother submits an application to withhold funds on the basis of an agreement, then the accounting department is obliged to request from the payer his written consent to such withholding. If the father does not give such consent, the mother will have to contact the bailiffs, and she will be able to receive the money after initiating enforcement proceedings.

Application for transfer by postal order

General Director of Coral LLC O.A. Makarova

from Anna Vasilievna Sidorova, postal address: Nizhny Novgorod, st. Lenina, 1, apt. 1

Application for deduction of alimony from wages

I ask you monthly, starting from September 1, 2021, to withhold the wages of Anton Valerievich Sidorov, who works in your organization as a welder, in the amount of 25%, towards alimony for the maintenance of our common son Denis Antonovich Sidorov, born on July 11, 2015, on based on the court order of the magistrate of court district No. 1 of Nizhny Novgorod dated 01.08.2017.

Please send funds to me by postal order to the address: Nizhny Novgorod, st. Lenina, 1, apt. 1, within the time limits established by law.

Attachment: - court order dated 08/01/2017.

Sidorova A.V.

August 25, 2021

The application can be submitted personally to the organization where the debtor works, having prepared it in two copies, having received a mark on your copy. You can also send it by mail with notification.

The payer's place of work is unknown

If the claimant does not know where the payer works, it will be necessary to submit a petition to the bailiffs in order to initiate a procedure for the forced collection of funds. This is possible both in the presence of an agreement and executive documents.

You must contact the bailiffs located at the place of residence of the alimony payer. It is necessary to submit an application accompanied by the original document, according to which the money is to be recovered.

After checking the submitted documents, the bailiff initiates enforcement proceedings, sends copies of documents on its initiation to the debtor, inviting him to inform his place of work, as well as to the collector. If the payer does not report the place of his employment, the bailiff does this independently. Now bailiffs have quite a wide range of means for this; they have information databases at their disposal that allow them to establish the debtor’s place of work using the TIN, SNILS, and passport data.

After the place of employment has been established, the bailiff sends documents there for collection.

You can also act through a bailiff if the mother knows where the father of her children works, but she does not want or for some reason is inconvenient to contact the accounting department of this organization directly. When submitting an application to the bailiff, it is recommended to indicate the debtor’s intended place of work.

The application form can be obtained from the OSP. As a rule, there is an information stand with background information. You can also write it yourself in any form indicating the following data:

Name of OSB;
FULL NAME. recipient of alimony (both mother and child), postal address;
FULL NAME. payer, postal address, if known - telephone number;
Link to the alimony agreement or writ of execution;
Indication of the method of transferring alimony;
Indicate a known place of employment of the alimony worker or ask to establish his place of work;
Requirement to initiate enforcement proceedings;
Date, signature.

Attach to the application:

Original writ of execution;
A bank statement with details for transferring funds (if you choose this method of receiving alimony).

An example of filling out an application to a bailiff

OSP for the Sovetsky district of Saratov

from Natalya Andreevna Tikhonova, Saratov, st. Gagarina, 1, apt. 3 tel. 8-962-111-22-33

Application for initiation of enforcement proceedings

On July 7, 2021, the magistrate judge of court district No. 7 of Saratov issued a court order to collect alimony from Ilya Sergeevich Tikhonov for the maintenance of Matvey Ilyich Tikhonov.

Place of work of Tikhonov I.S. I don't know.

I beg

1. Initiate enforcement proceedings against Ilya Sergeevich Tikhonov. 2. Determine his place of work and send documents there for execution. 3. Transfer funds to my bank card (I have attached details).

Attachments: - court order dated July 7, 2017 - bank statement with account details.

Tikhonova N.A.

August 25, 2021

Documents can be submitted either in person to the OSP or by sending them by registered mail.

Pros and cons of the method

The advantage is that the payer does not need to worry about transferring the money on time, since the accounting department will do this. There is also no need to count interest and waste time standing in line at a bank or ATM to perform this operation. He may not even remember his existing obligations.

The only disadvantage is that the company will know about the employee as an alimony payer. In addition, the money is not transferred immediately, but within three days after receiving the salary.

Payments under voluntary agreement

The Family Code of the Russian Federation provides that the parties have the right to peacefully agree on the payment of alimony . To do this, you need to go to a notary and sign an agreement. The document must indicate:

in what amount the money will be transferred;
with what frequency;
how.

If you plan to transfer funds to a bank card, then you need to:

immediately provide the necessary details;
mention in the agreement that the recipient of funds undertakes to promptly notify the payer about a change of card, account, and so on - in general, the details by which payments are made.

After completing the agreement, the alimony provider will be obliged to ensure that the money in the agreed amount goes to the account specified by the recipient.

But you can do it a little differently: the payer has the right to submit an application in the name of his employer, attaching a copy of the agreement to the document, and ask the accounting department to carry out the deduction . The recipient of funds can also submit a similar application.

What to do if the money has not arrived

Sometimes there are situations when funds do not arrive on the bank card of the alimony recipient. There is no need to worry about this ahead of time. First you need to wait for the period provided for this operation by the bank. So, in some institutions it lasts up to seven days. Moreover, a transfer even within the same banking institution does not guarantee instant credit.

Attention! If the money has not been received, you need to write a claim to the bank. After considering it, funds will definitely be found. But you will need appropriate payment documents confirming the transaction.

Alternative Methods

If transfers to a card somehow do not suit one of the parties, then you can:

make postal transfers of alimony payments;
transfer money in cash.

In general, there is always an option that is convenient for each of the parties . When using the last of these methods, it is necessary to require a receipt from the recipient of funds indicating the proper fulfillment of the obligation. Thus, alimony on a card is a convenient way to fulfill an obligation. The main thing is to remember all the nuances that were discussed in this article.

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Transfer of alimony to a Sberbank card

Sberbank is the most popular bank in Russia. Therefore, many people get bank cards from this institution. The operation is carried out in the same way in other banks.

As mentioned above, alimony payers have the right to transfer money independently through Internet banking. Having your own account with Sberbank makes it very convenient to do this. The operation is carried out online in a personal account provided by the bank to its clients.

In this case, all amounts paid will be constantly under control. This operation is also advantageous in that the transaction in this case is minimal. But you must remember the following:

the purpose of payment should indicate “payment of alimony”;
The transfer must be made only from a card issued in the name of the payer.

Since alimony payments are calculated from the payer's income, they cannot be transferred from credit funds, such as a credit card.

Transfer of money with the voluntary consent of the spouses

When concluding a voluntary agreement on monetary support for a minor child living with one of the parents after the divorce of his parents, the parties indicate a clause on the payment of financial support in a fixed amount.
The former spouse, who pays the established amount of assistance, can transfer alimony to a Sberbank card or any other bank card to the parent with whom the minor child permanently resides.

Attention! The transfer can be made from the payer’s card, received from any credit institution in the Russian Federation, to the recipient’s card, also opened for an account in any Russian bank.

An independent transfer of funds allows the sender to control the amount of money paid, and making a transfer between cards of one credit institution will positively resolve the issue of whether it is possible to pay alimony to a card without a commission.

When conducting a transaction between clients of the same bank, there is often no transfer fee or the minimum tariff.

What is the payment procedure

The reader already knows that after making the appropriate decision, payments are made in one of the following ways:

on one's own;
through the employer;
through bailiffs.

The reason for transferring alimony to a child’s card may be the alimony provider’s uncertainty that the money is being spent inappropriately. To do this, evidence should be collected, since without it the court will not change the method of translation.

An important condition for transferring money to a minor’s account is the size of the payments. It must be higher than the subsistence level, as well as the amount required to provide for a minor. In addition, if money is transferred to the card without the necessary document (for example, a writ of execution), then they are not considered alimony payments as such.

The alimony recipient also has the right to change the payment procedure. For this purpose, he needs to contact the bailiffs with a statement and attach a writ of execution with account details. Moreover, it must be understood that the norm for transferring alimony payments in the amount of fifty percent provided for in the law applies only to the payer.

Important! If the recipient applies, alimony can be transferred in the amount of one hundred percent. This is done if the recipient has the opportunity to independently raise children and give them everything they need, or when leaving the country. For this purpose, a special agreement is concluded on a voluntary basis or the issue is resolved in court if it was not possible to reach an agreement peacefully.

How is alimony paid?

According to family law, financial support for family members is regulated in two ways:

By the tribunal's decision;
under an agreement on the payment of alimony.

In cases where parents are unable to reach a compromise on the amount and terms of payment, the amount of the penalty is determined in court. In accordance with Article 81 of the RF IC, the share of funds collected for the maintenance of one minor cannot be less than a quarter of the parent’s income. For two children - a third of the salary, and for the maintenance of three or more minors, the court will oblige you to pay half of what you earn.

When resolving a dispute about the maintenance of minors in court, the judge makes a decision, which is an executive document. A copy of the resolution must be given to the accounting department at the debtor’s place of work.

Note!
If this obligation is not fulfilled voluntarily, the writ of execution will be sent to the organization through the Federal Bailiff Service.

A notarial agreement on the payment of alimony is also a writ of execution, according to which the debtor’s employer must transfer funds from the employee’s income.

The transfer of funds is carried out by the alimony provider’s employer according to the details specified in the writ of execution.

In accordance with paragraphs 8-9 of Appendix No. 1 of the Methodological Recommendations on the procedure for fulfilling the requirements of writs of execution for the collection of alimony, funds can be transferred by mail or to the account of the claimant specified in the writ of execution.

Moreover, if the address of the collector is unknown, then the funds must be transferred to the account of the Federal Bailiff Service.

What is the frequency of payments

According to a court decision, the frequency of money transfers is always set monthly. If this procedure is not followed, the alimony payer faces a large fine. When receiving wages in the form of an advance and interest, the accounting department calculates the final amount of income, which is also transferred once a month.

By agreement between the payer and the recipient, other periods may be provided, namely:

once every 3 months;
once every 6 months;
once a year;
at one time;
other periods.

Although the parties agree on this issue among themselves, ultimately the interests of the child should not be infringed. The agreement may provide for liability for violation of its terms. If this clause is missing, then the general rules of civil law apply. However, interest can only be recovered through court.

The situation is much simpler if the delay is due to alimony obligations collected in court initially. Then the alimony provider needs to pay 0.5% of the unpaid money for each overdue day.

Transferring money to the child's account

The benefit amount can also be transferred to the account of a minor child. By mutual agreement of the former spouses, a separate account is opened in the name of a child who has not reached the age of majority for the transfer of alimony payments.
The banking organization issues a card for this account (in the name of one of the parents), the funds from which are spent on the needs of the child (upbringing, education, provision of other needs).

The use of money for other purposes not related to the intended purpose is regarded as a violation of the child’s property rights.

Important! In case of violation of the intended expenditure of funds (Article 60 of the RF IC), the payer has the right to demand, by a court decision, to prohibit the use of money by persons other than the minor himself.

A child can use transfers after reaching 18 years of age or earlier with the permission of the guardianship authorities.

Advice! The payer has the right to transfer material support to any recipient’s card also from his credit card, but only on a voluntary basis.

According to the RF IC (Article 82), deduction of alimony is allowed only from earnings or other income. Loans do not have an indicator of income (Article 41 of the Tax Code of the Russian Federation), therefore deductions from them are not allowed, but voluntary transfers are not prohibited.

Download for viewing and printing:

Tax Code of the Russian Federation (Part One) dated July 31, 1998 N 146-FZ (as amended on December 28, 2016)