Rus Articles Journal

From what income the alimony is collected?

Until recently you led happy family life. But here the love boat cracked and documents for divorce are filed. In total nothing, but except two adults who decided to discredit Gimeney`s bonds there is still the third, and there can be also the fourth, fifth family member who is not guilty that their mother and the father do not love each other any more. Here then many women (as a rule, sometimes with children there are men and then the woman undertakes to pay the alimony) often face a problem on what to bring up children. It is good when the father personifies an example of the law-abiding father. But what to do if payment of the alimony does not include in the plans of new life careless daddies? It is worth seeing to it and concluding to parents the agreement on payment of the alimony in advance.

All of us know that the alimony keeps from the gained income and in mass consciousness it is meant as the income on the main work. But the legislator defines wider list of the income from which deduction of the alimony for keeping of minor children is made.

So, according to the current legislation, the alimony keeps from the following income of the parent who left a family:

1. from the sum added at the tariff rates, official salaries, on price-work quotations or percentage of proceeds from sales of production (performance of work and rendering services), etc.;

2. from all types of surcharges and extra charges to tariff rates and official salaries (for work in dangerous working conditions, at night; occupied at underground works, for qualification, combination of professions and positions, a temporary tenure of office, the admission to the state secret, an academic degree and an academic status, a length of service, length of service, etc.) ;

3. from awards (remunerations) having regular or periodic character and also following the results of work in a year;

4. from payment for overtime work, work in days off and holidays;

5. from the salary kept during holiday and also from monetary compensation for unused holiday, in case of connection of holidays for several years;

6. from the sums of regional coefficients and extra charges to a salary;

7. from the sum of the average earnings kept during performance of the state and public duties and in other cases provided by the legislation on work (except the severance pay paid at dismissal);

8. from the additional payments established by the employer over the sums added when granting annual vacation according to the legislation of the Russian Federation and the legislation of subjects of the Russian Federation;

9. with the sum equal to cost of the given (paid) food, except lechebno - the preventive foods given according to the legislation on work;

10. from the sum equal to cost of the paid journey by public transport to the place of work and back;

11. from a commission (to regular insurance agents, regular brokers, etc.) ;

12. from payment of performance of work under the contracts signed according to the civil legislation;

13. from the sum of the award including paid to permanent members of staff of editorial offices of newspapers, magazines and other mass media;

14. from the sums of performing remuneration;

15. from income gained from election commissions by the members of election commissions who are carrying out the activity in the specified commissions not on a constant basis;

16. from income gained by natural persons from election commissions and also from election funds of candidates and election funds of electoral associations for performance by specified persons of the works which are directly connected with carrying out election campaigns.

Also deduction of the alimony is made from all types of pensions and compensation payments to them, from monthly surcharges to pensions, except for the extra charges established to pension on care of the pensioner and also compensation payment to the unemployed able-bodied person for implementation of care of the pensioner; from temporary disability benefits, on unemployment only by a court decision and to the injunction about collecting the alimony or to notarially certified agreement on payment of the alimony; from the sums paid for employment dismissed in connection with liquidation of the organization, implementation of actions for reduction of number or staff; from the income from occupations by business activity without formation of legal entity; from the income from transfer to rent of property; from the income on stocks and other income from participation in property management of the organization (dividends, payments for share shares etc.) ; from the sums of financial support, except the financial support given to citizens in connection with natural disaster with the fire, plunder of property, a mutilation, and also with the child`s birth, with marriage registration, with death of the person obliged to pay the alimony, or his close relatives; from the sums paid in indemnification, caused to health and some other income.

In that case if the parent who left a family does not pay the alimony in a voluntary order, then other parent has the right to collect the alimony through court.

At the same time it is worth remembering that collecting the alimony from the sums of a salary and other income which are due to the person paying the alimony is made after deduction (payment) from this salary and other income of taxes according to the tax law.