We write an application for the termination of withholding alimony (sample)

18.07.2017, 16:00

An employee of the organization divorced his wife. The former spouses agreed that until the enforcement proceedings regarding the payment of alimony are completed, he will voluntarily deduct money for the maintenance of a common child. Currently, the organization has received a writ of execution. So, you need to write a statement on the termination of the withholding of alimony. A sample document will help the HR specialist save time on its preparation.

Forced withholding of alimony

The current legislation establishes a limit on deductions from an employee's salary. In general, more than 20% cannot be deducted from the salary (Article 138 of the Labor Code of the Russian Federation). However, in some cases it is allowed to withhold up to 70% of the monthly salary (Article 138 of the Labor Code of the Russian Federation). These include, in particular, the collection of alimony for minor children. So, alimony for one child is 1/4 of the employee's income, for two children - 1/3, for three - 1/2 of earnings (clause 1, article 81 of the Family Code of the Russian Federation).

It is necessary to determine the maximum amount that can be withheld from an employee's salary after reducing it by personal income tax. The fact is that the wages due to the employee are earnings reduced by the amount of tax (paragraph 2, clause 1, article 210 of the Tax Code of the Russian Federation). Therefore, it is necessary to determine the maximum amount of deduction based on the employee's salary after taxation (Article 138 of the Labor Code of the Russian Federation).

Employee-initiated deductions

If circumstances have changed, the employee may refuse voluntary contributions. To do this, you need to write a statement on the termination of deduction of child support. For example, such a situation may arise if enforcement proceedings in relation to alimony have ended, and the company has received a writ of execution against this employee. To facilitate the work of the personnel officer, our specialists have prepared a sample application for the termination of alimony withholding.