A certificate of alimony is required by both the payer and the recipient. It is necessary for calculating profits when applying to private or state organizations. To obtain this document, you need to know what information is reflected in it, and where exactly should be addressed. We will talk about all this in detail in our material.
What is a child support certificate?
First you need to clarify what exactly is the document in question. This paper confirms the acquisition or transfer of finance for the maintenance of minor children. Most often it is required in several cases. The first and most common is when a woman receives a state benefit, and she needs to confirm an insufficient level of income. This is necessary, for example, for registration in the role of the poor. Then it will be possible to receive benefits for children of both federal and regional type.
The second point is connected with the case when a man who is an alimony payer wants to get a bank loan. The lender submits an application for receipt of documents of expenses, including the issuance of a certificate of alimony. Child support itself is included in the list of expenses that must be deducted from the total wage.
The need for help
You should also indicate the remaining cases where you may need a certificate of maintenance payments. This is, for example, a situation where tax inspectors request a document for calculating the tax base. The bailiff may also need the document if, for example, they plan to suspend or close the executive-type proceedings. The employment center makes a paper request when child support is transferred through its accounting headquarters.
It is important to consider that if the payer does not work anywhere and does not receive social benefits, but at the same time regularly sends alimony to the woman, then it will simply be impossible to prove their receipt. The problem is that supporting documentation will require supporting documentation, and in this case it will not be possible to provide it.
Getting help through lawsuit proceedings
The issue of obtaining a certificate of deduction of alimony directly depends on the method of collecting the relevant payments. There are three ways. This is a lawsuit and order proceeding, as well as a peace agreement. We begin the characterization of the lawsuit.
Sample reference:
The ex-spouse sends a statement of claim to the court if she wants to recover payments for the maintenance of common minors from her father. Collection of fines and debts is also allowed. By decision of the court, a writ of execution must be drawn up, which is subsequently sent to the bailiffs or to the payer's place of work organization.
The lawsuit is launched in the presence of a certain conflict that has developed between the former spouses. For example, the father wants to challenge his paternity, or the mother, as has already been said, wants to collect debts from her ex-husband.
Reception of a certificate through order proceedings and in the manner of a peace agreement
The second option to receive a document is an orderly production. The recoverer sends an application for a court order to the court. Accordingly, after 10 days this document arrives. This is quite relevant when there are no disputes and disagreements between the subjects of maintenance relations. Otherwise, the payer is able to challenge everything in the order of action.
The second option is to receive a certificate on the payment of alimony through the execution of a peace agreement. A voluntary agreement is concluded between the parties, which is subject to mandatory certification by a notary. The document prescribes the frequency and amount of payments. Payments are indicated in a solid amount, as a percentage of wages or in a mixed form. Here it is necessary to tell a little more about the volumes of alimony payments.
Amount of maintenance payments
According to the agreement concluded between the entities, the method of collecting child support payments may be determined. The first option is called interest. In essence, shares of earnings or other income are established. The ratio here is as follows: a quarter of the profit goes to one child, a third (33%) - to two children, and half of the money goes to provide three or more children. If three or more minors were born from different marriages, then each child should receive at least 16% of the profit of the alimony payer.
With a fixed amount of child support, things are a little more complicated. It is installed mainly for those payers who are not employed in official workplaces. Such persons cannot receive a job certificate for alimony (a document proving the amount of earnings or the amount of profit). These individuals include entrepreneurs, freelancers, and other citizens whose income is either not registered or is constantly changing.
A mixed type of alimony is rarely used. So, the percentage form can alternate with a fixed one or even mix up. This form is established by the voluntary agreement of the subjects. One way or another, it must comply with the requirements that are prescribed in domestic law.
Where to get help: Employment center, work, FIU
The question of exactly where the certificate can be obtained directly depends on the position of the payer or the alimony recipient. A list of the most common options will be presented below.
First place is the accounting department of the Employment Center. This option is quite relevant, since the payer does not work anywhere, and sometimes even receives unemployment benefits. In this case, either the writ of execution or the formed agreement is sent to the Employment Center.
The second point where it is allowed to receive a document is the accounting department of the organization in which the citizen works. If the claimant has previously submitted a writ of execution or an agreement on the receipt of alimony, then the finances will be transferred by the accountant in favor of the recipient on an automatic basis. The consent of the payer in this case is not required.
The third option is the department of the Russian Pension Fund. This option is used when the payer has the status of a pensioner for disability or old age. Accordingly, alimony will be exacted from these payments.
Where to get the certificate: educational institution, FSSP, military unit
The next place is considered an educational institution at the place of study of the alimony payer. If the obligated person is a student and regularly receives a scholarship, then payments will be collected from it in favor of the minor. The sizes here will be strictly established by law.
A certificate of alimony arrears or accrual of these payments can be obtained from the bailiff service. If a writ of execution or an alimony agreement was sent specifically to this system, then the certificate will have to be received there.
The last option is a military unit. If the alimented person is considered a military man, then the application for a certificate of alimony from the place of work, as well as the writ of execution, will be sent to this system.
Alimony does not work anywhere
If the alimony worker works with an individual entrepreneur, the document will be sent to the accountant or his employer.
The most negative situation of all possible is connected with the case when an alimented person is simply not employed anywhere. In this case, requesting a document for social protection will fail. There are several options for resolving this situation - such as giving a denial of benefits and payments or reducing the size of these payments. So, if the provision of a document is an obligatory element for calculating and forming government subsidies, then applying such options will be perfectly acceptable.
Filling in a child support certificate
A unified, that is, a single sample certificate of alimony has not yet been established. However, filling out such a document still requires compliance with a number of conditions. Here are the rules to highlight here:
- Help must be in hard copy. If this is not possible, then filling in the form with blue or black ink is perfectly acceptable. Bright colors are unacceptable.
- The document reflects all relevant information. Moreover, they are prescribed in a clear, legible handwriting. Blots and errors that significantly distort the information are simply not allowed.
- A prerequisite is the presence of the official seal of the organization that provided the document. What is important, at the legislative level, the validity of such certificates should be confirmed by the presence of payments, but not limited to them. The thing is that the document immediately spells out the periods of receiving finances. The Social Security Authority itself is able to independently establish restrictions, as well as request a document only in recent months.
Refusal to receive a document
Having dealt with questions about what certificates for alimony exist, and also where they can be obtained, attention should be paid to the question of the impossibility of providing such documents. There are several situations where issuing a certificate is not possible.
This is for example:
- unemployment of the payer and its simultaneous absence in the register at the Employment Center;
- informal employment of alimony;
- payment of alimony only at hand, that is, without drawing up a related contract.
In the latter case, regular drawing up a receipt will not be out of place. It should reflect all the information about the operation.