Based on the law, child support from sick leave can be withheld. And even in the case when the payer does not intend to transfer funds. Under such circumstances, a claim may be filed. As a result, the necessary funds will be withheld on the basis of a court decision. But the best option is the agreement of the former spouses.
Can child support be withheld from sick leave
The fact of temporary incapacity for work does not exempt from the need to pay according to obligations.
As for the amount, certain funds are accrued to the employee during treatment based on his length of service and salary level. He will be able to receive them after he submits a temporary disability certificate.
Alimony is taken from this amount. The basis for such actions is Government Decree No. 841.
It is also worth noting that sick leave payments are taxable as they are a temporary replacement for wagesfees.
Unlike the situation with the unemployed who do not pay alimony, a working citizen in the absence of payments during the period of illness cannot be held criminally liable for the fact of evasion.
Under what conditions are child support deducted from sick leave
The transfer of funds for the maintenance of a minor child can be made only if there is an executive document. This function is performed by papers such as:
- Court Order.
- Alimony agreement. It must be in writing and notarized.
- Writ of execution. Issued on the basis of a court decision.
Other documents cannot be used as a basis for withholding child support from sick leave. Even if it is a letter from the bailiff or a statement written by the employee himself.
Judgment is one of the most reliable ways to get your due payments. Collection can be made in the order of writ proceedings and by filing a claim.
A parent can go to court provided that there is a dispute about the right. That is, there are other pen alties for maintenance obligations. Disputing paternity is also sufficient reason to apply.
If there are no disputes of this kind, then the application can be submitted by order. As a result, the decision will be made without a court hearing.
It was after thisprocess and a writ of execution or order is issued, which is a legal basis that allows alimony to be withheld.
Reason for rejection
While the law will allow for the withholding of child support from sick leave and other types of income, collection may be denied under certain circumstances.
Such a decision is made, for example, in the event that a minor child is fully dependent on the parent who is the defendant.
Alimony from the sick leave will also not be collected if the appeal is fictitious. Certain families can use a similar scheme to reduce the amount of deductions from the breadwinner's salary in favor of children from the first marriage.
Another reason why child support cannot be withheld from sick leave is paternity that has been challenged in court. If the fact of biological relationship is not confirmed, the court will release the citizen from the need to make payments.
But if a person filed a lawsuit after more than 3 years from the moment he received evidence of someone else's paternity, then the decision may not be made in his favor. Under such conditions, alimony is taken from the sick leave in full.
How funds are held
When paying child support, the same calculation principle is used as in the case of ordinary income. This is explained by the fact that the amount of sick pay is formed from two figures: the average salary of an employee and the length of his work experience.
The calculation does not take into account allowances for special working conditions andprocessing, as well as payment from the salary savings fund and bonuses.
The resulting amount is divided by the number of days in the month. Further, payment for the treatment period is formed on the basis of a disability certificate.
Deduction of child support from sick leave is carried out according to the following principle:
- for one child – 25%;
- for two children – 33%;
- if there are three or more children in the family, then 50% of sick leave after taxes.
To receive these funds from the interested party, an executive document will be required. It must be presented at the place of work of the citizen who must pay alimony.
With such papers, the employer can contact:
- bailiff in charge of the case;
- support payer.
After all the papers are received, the accountant first calculates the amount to be paid to the employee according to the sick leave. Then taxes are calculated. And only after completing these steps, the accountant can withhold child support from the sick leave.
In what order and amount to transfer funds, determines the executive document. It is in it that the details for which payment is made in favor of the recipient of alimony should be indicated. Bank transfer fees are the responsibility of the person withheld from the payment.
Only after the completion of this process, the employee will be able to receive the funds accrued to him according to the sheetdisability.
When understanding whether alimony is taken from sick leave, it is necessary to pay attention to the fact that funds can be collected at the place of residence or location of property. But these methods are used when there are arrears in payments.
How the calculation works
Having decided whether alimony is withheld from sick leave, it is worth analyzing an example of the formation of the payment amount.
Let's say an employee was treated in January. This month, 21 working days, the duration of the sick leave was 7 days. The average salary of this employee was at the level of 50 thousand rubles. He also received 1.5 thousand rubles of bonuses and 10 thousand allowances. With such input for the payment of alimony, 2600 rubles will be withheld
The calculation itself was made as follows:
- Total amount of 60,000 rubles. was divided into 21 days. This includes the average salary and seniority bonus.
- The number obtained by dividing is multiplied by 7 (number of days of treatment). The result is 20 thousand rubles, from which 13% of personal income tax is deducted. Of the resulting amount, 25% is withheld for the payment of alimony. If an employee is responsible for two children, then 33% will be taken away and 50% when there are three children.
The amount of the payment also depends on the length of service - the longer the payer works, the larger the transferred amount will be.
It is also worth considering the fact that the deduction will not occur within a month if the payer's treatment period lasts more than 4 weeks. data for accountingwill fall after the end of the current month, respectively, and the retention will occur later.
Execution of the agreement
It is not always necessary to choose the path of filing a claim for recovery of funds. In many cases, you can resolve the issue of receiving alimony with the help of an agreement.
The official agreement regarding the upbringing and maintenance of children after the parents' divorce includes an agreement on payments. Such papers record information about the place of residence of the child, the amount of material assistance and the degree of participation in the process of his upbringing of each of the parents.
If there is such an agreement, the issue of alimony is resolved without court intervention.
This document must be notarized. When drawing up an agreement, it is recommended to initially prescribe the procedure for collecting funds from the debtor in the event of temporary disability. This way of resolving financial issues is convenient because both parties can determine the most favorable conditions for them.
The law allows you to withhold alimony from the funds that an employee receives on the basis of a temporary disability certificate. Before the amount of the payment is separated from the sick leave, personal income tax will be paid. 25% of the remaining funds will be transferred to the maintenance of the child. If the biological father does not agree to make payments, the other parent has the right to file a lawsuit in court. Thus, the required amount will be withheld in any case - voluntarily or by order.