Is alimony paid from the sale of a car?

Do I need to pay alimony on the sale of a car?

My car was damaged in an accident. I plan to sell it as soon as possible. The question is, will I have to pay ¼ of the proceeds from the sale as child support? Are these funds really considered income? The price of the car has already dropped greatly, I’m afraid of losing even more money after the sale.

This question is relevant for many “alimony recipients” who plan to carry out transactions with their property, in particular, a car. Are proceeds from the sale of a car considered income and is it required to pay alimony from them?

What does the law say?

The idea that after selling a car you will have to pay alimony did not arise by chance - it is possible to find a legal basis for such requirements. Government Decree No. 841 of July 18, 1996, listing the types of earnings from which alimony is withheld, contains the phrase:

“...from income received under contracts concluded in accordance with civil law.”

Yes, the purchase and sale agreement is a civil contract. If, as a result of his imprisonment, the alimony holder actually received income, he would not have avoided the obligation to pay alimony. But is the amount received from the sale of a car income?

There is a ruling on this matter by the Constitutional Court (dated January 17, 2012 No. 122-О-О). The court determined that alimony is withheld from income received only under those civil contracts that were concluded for the purpose of conducting economic or labor activity and making a profit from it (for example, systematically buying and selling cars, making money on the difference between the cost of each transaction). If the payer has entered into a civil contract without the goal of making a profit (for example, to sell an old car and buy a new one), alimony from the sale of the car is not paid.

What do the lawyers say?

In addition to the official explanations of the Constitutional Court, legal practitioners have several other arguments against the belief that payments must be made.

Firstly , the seller does not receive any material benefit. He only converts kindness into money. Yesterday he had a car worth one hundred thousand dollars, and today these hundred thousand dollars are in his hands in cash. There is no profit here and cannot be. This means there is nothing to pay child support from.

Secondly , how much would you have to pay in alimony after selling a car worth one hundred thousand dollars? Twenty-five thousand? It seems that in this case, we are no longer talking about supporting the child, but about the unjustified enrichment of the child. This amount is completely inconsistent with the purpose of child support - to provide for the basic needs of children.

Thirdly , such “alimony” is nothing more than a violation of the rights of the alimony payer, which significantly worsens his financial situation. Let’s say that if you can buy a good car for the remaining seventy-five thousand, then this is only in this case. In most cases, the loss of a quarter of the cost makes the purchase of an equivalent car impossible. Debts or loss of property violate the rights of the alimony provider.

In what cases is a child's share paid after the car is sold?

If we talk about the fundamental principles of family law, then children are deprived of rights to the property of their parents. They can become owners of the latter either by inheritance after the death of their parents, or on the basis of a gift agreement.

It follows from this that the child can receive part of the proceeds only if the father wants to transfer them to him.

Another option for receiving a share from the sale of a car is the existence of an agreement between the father and mother, expressed in a child support agreement. For example, an agreement that the father transfers to the child part of the proceeds from the sale as alimony payments for the next few years. In this case, the mother has the right to demand that the paying father fulfill his obligations.

The collection of payments from the sale of a car occurs in a completely different way if it has been seized due to the arrears of the alimony payer. In this case, the sale of the car is carried out not by the owner, but by bailiffs, and not ¼ of the proceeds from the sale are recovered, but the entire amount of the debt to the recipient of alimony.

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Alimony from the sale of a car

Every person's life consists of an endless series of transactions. Most of them are quite small, but there are also large purchases and sales. Buying involves spending, but selling is income. As you know, alimony payments are deducted from income, and this is where confusion arises. Should the payer pay a set percentage to his children if he sold a large item, for example, a car.

In fact, by selling the car, the alimony worker received income that went into his wallet. But almost everything is not quite like that. Let's take a closer look at this issue and find out whether you need to pay alimony on the sale of a car?

Income from which alimony can be withheld

Alimony payments are assigned by payers in two main amounts:

• as a percentage of income,
• in a fixed amount, which is tied to a constant value, for example, the cost of living or the average wage established in the region.

When alimony is paid in a fixed amount, there are no unnecessary questions for alimony providers. They should simply pay the specified amount regularly and not worry about whether this month's income is higher than the previous month.

But with interest payments everything is not so simple. According to the law, the following is withheld from the alimony payer:

1. A quarter if he is obliged to support one minor.
2. A third, if there are two minor dependents.
3. Half if the payer has three children or even more.

At the same time, there is an established list of what is considered income and is subject to interest deduction, and what is not.

So, the list of income from which the assigned alimony share must be withdrawn includes:

1. Salary accruals. These are established salaries and tariff rates.
2. Salary paid to government employees and military personnel.
3. Fees received by creative people, media and cultural workers.
4. Bonuses paid for achievements in the profession.
5. Those payments that each employee receives for length of service.
6. Allowances paid for special working conditions.
7. Premium payments. Deductions come from both one-time and regular payments.
8. Hospital charges.
9. Vacation amounts.
10. Payments for time worked overtime and not standardized.
11. Other salary supplements.
12. Pension accruals.
13. Supplements to social pension.
14. A benefit paid to the unemployed.
15. Amounts paid for staff reduction.
16. Profit of an individual entrepreneur.
17. Money received from rent.
18. Interest on shares purchased.
19. Income received under concluded agreements between individuals or legal entities.

It is prohibited to collect alimony payments from:

1. Funds that were transferred to the alimony recipient to restore his health from a private or legal entity.
2. Amounts that constitute compensation upon death.
3. State support for victims of natural disasters, fires, floods, earthquakes.
4. Maternal capital.
5. One-time financial benefits that are assigned to those in need.

Returning to the question of whether alimony is paid from the sale of a car, let’s pay attention to the last point of income from which deductions are made.

Is the proceeds from the sale of a car considered income?

Selling a car can be done:

• on a private one-time basis,
• on a regular basis, due to the nature of their commercial activities.

These two cases are fundamentally different from each other, and accordingly, entail different consequences.

If a citizen is engaged in a commercial activity, as a result of which he constantly buys and sells cars, then he is considered to receive income, even if he is not an individual entrepreneur. In this case, taxes are paid from the amounts received and the required percentage of alimony payments is deducted. It should also be understood that income is not at all the amount that was received by the seller. Income is the amount that is the positive difference between the cost of purchasing and selling a car. Illegalized car sellers can carry out such transactions quite often, and in order to prove that they receive unaccounted income, the recipient will have to go to great lengths and present a sufficient amount of documentary and witness evidence in court. In practice, such a proof is quite complex, although feasible.

When we are talking about an entrepreneur who has his own salon, it does not matter that he sells cars or only spare parts, all this is considered profit and alimony benefits must be paid from it.

When the transaction is not aimed at ensuring commercial or labor activity and is carried out one-time over a fairly long period of time, then it does not entail alimony from the sale of the car. In fact, the payer has no income. First, he had property that was worth, for example, 200 thousand rubles in kind, and then he converted the same amount into monetary terms. That is, what he had remained the same. If we assume that this was money received under an agreement, then the difference between the purchase of the car and its sale should be calculated. But in this case this is impossible.

Judicial practice has already considered enough similar cases and has developed a certain strategy for approaching such proceedings. They differ from region to region, but in general there is one conclusion - if the transaction is not of a commercial nature, then it is not subject to alimony deduction.

Is it possible to withhold alimony from the sale of a car?

When the sale of a car is not a work activity, and the money received from it cannot be considered income, there are still cases when alimony payments from the funds received can be withheld.

But sometimes cars can be sold for the purpose of paying alimony benefits, and then alimony funds are first withheld from the amounts received from the sale. This happens when the alimony recipient has become a persistent defaulter and owes his dependent benefits for many months.

According to established legislative norms, various penalties may be applied to unscrupulous alimony payers. They are usually divided into administrative, civil and criminal liability. And they are applied as they become stricter. If alimony obligations have not been paid for more than three months, then the debtor will have to pay not only the debt itself, but also the penalty that is charged on top of the debt. The amount of the penalty is fixed and amounts to 0.5% of the unpaid benefit for each day of delay. Further, the debtor may be subject to the following types of civil liability:

1. Seizure of accounts and deposits.
2. Blocking the validity of a driver's license.
3. Prohibition on travel or business trips outside the Russian Federation.
4. Confiscation of property assets.

When confiscating property, its approximate value is assessed. But since the property is sold at auction, the prices offered are much lower than market prices. Therefore, if you have a car, it is confiscated first. Selling it is not difficult, and the proceeds from its sale will certainly cover the accumulated debt.

If the car is confiscated, the owner loses all rights to sell it himself at a more attractive price. After selling the car at auction, the remaining difference, after covering the alimony debt and services for the sale of property, will be given to the owner. The sold car, therefore, is not subject to an additional alimony allowance; it is exclusively deducted from what was indicated as the alimony debt.

What to do if alimony is withheld?

Lack of sufficient legal knowledge and practical experience may lead to the fact that alimony deductions from the amount received from the sale of the car will still be paid. What can be done in this case?

There may be two reasons for a return:

1. A personal car was sold without any commercial implications, but the alimony recipient was assured that he was obliged to pay the required interest on the funds received, which he did.
2. Labor activity was carried out, as a result of which cars were sold, but the alimony allowance was calculated not from the amount of income, but from the amount received from the sale.

In both cases, you should start with documentary evidence. It is their presence that will make it possible to reconsider the previously made decision and tilt the trial in favor of the alimony provider. Such issues can only be resolved through court and in no other way.

If the necessary papers are available, the payer draws up a claim and submits it to the court. The outcome of the proceedings depends solely on the plaintiff himself, how he will build his defense and present the evidence base.

Do I need to pay alimony on the sale of a car?

As a rule, in a divorce suit, a woman asks the court to collect child support. It is established as a share of the payer’s income or as a fixed amount. In the second case there are no problems. The ex-spouse transfers a specific amount monthly, regardless of the amount of cash receipts. If child support is paid as a share, all sources of income are taken into account. Therefore, the question arises whether it is necessary to pay alimony if a citizen received money from the sale of a car.

What income is used to pay child support?

According to Article 81 of the RF IC, alimony is collected from the wages and other income of the parents.

The list of income is disclosed in Decree of the Government of the Russian Federation dated July 18, 1996 No. 841. It includes:

• wages, bonuses and additional payments;
• pension;
• scholarship;
• profit from business;
• income from civil contracts;
• other cash receipts.

Thus, the list of income from which child support is paid includes proceeds from civil transactions (clause “o” of Part 2 of Resolution No. 841).

Can money from the sale of a car be considered income?

When selling a car, a civil contract is concluded. Therefore, doubts arise whether alimony is collected from the sale of a car.

As follows from the Determination of the Constitutional Court dated January 17, 2012 No. 122-О-О, alimony is withheld from funds received from regular income-generating activities. If the transaction is one-time, alimony obligations do not apply to it.

Example 1. I.A. Smirnov sold his car to buy a new car. He has child support obligations. He regularly transfers money to support the child. The ex-wife stated that she would go to court to recover alimony from the sale of the car. I.A. Smirnov intends to prove that the deal was a one-time deal; he does not receive regular profits from the transport trade.

After divorce, children have the right to claim the property of their parents only by inheritance or gift.

In what cases is alimony paid from the sale of a car?

In practice, a citizen pays alimony from the sale of a car if he receives regular income from this activity, has debt obligations or has signed an alimony agreement. Let's look at each situation in more detail.

Regular car resale

The payer must transfer maintenance to the minor from the income from the sale of the car, if such transactions are carried out periodically, the activity is carried out for the purpose of making a profit. It does not matter whether he is registered as an entrepreneur or not.

Example 2. E.L. Stepanov pays child support in the amount of 25% of income. The required amount is collected from his salary. The payer has additional income. He buys used cars, repairs them and sells them at a higher price. The ex-wife intends to go to court to oblige E.L. Stepanov pay alimony from income from regular economic activities. Her claims are justified, but she will need to provide strong evidence (documents, testimony) to win the dispute.

If a person receives cash income from official business activities, then alimony is withheld from the income specified in paragraph “c” of Part 2 of Resolution No. 841.

Debt on alimony

In the event that the payer violates his obligations and has arrears in alimony, the bailiff applies enforcement measures. If there is not enough money, the property is foreclosed on. The car can be seized and sold at auction. The proceeds go to pay off debts.

Example 3. O.I. Volkov does not pay child support. Over the course of the year, a debt of 160,000 rubles has accumulated. The bailiff seized his car. The property was sold at auction at a reduced price of RUB 160,000. The proceeds were transferred to the ex-wife to settle the debt.

Alimony agreement

Parents have the right to agree that the father, after selling the car, will transfer money to support the child. The transaction should be recorded in the alimony agreement and certified by a notary. Such a decision is a right and not an obligation of the parties.

Example 4. E.O. Nikolaev signed an alimony agreement with his ex-wife. According to the terms of the deal, for each property purchase and sale agreement, he will pay 5% maintenance to the child. In 2019, E.O. Nikolaev sold the car for 400,000 rubles. In pursuance of the agreement, he transferred 20,000 rubles to his ex-wife.

What to do if alimony is withheld?

There are cases when bailiffs illegally write off funds to pay alimony. For example, the payer sold the car and received money into the account. The bailiff withheld the debt from the proceeds before taxes were paid.

Such actions are illegal. First, a citizen must declare income and pay taxes. A share of the remaining amount will be allocated for the maintenance of the minor.

Example 5. K.A. Zhdanov sold the car for 600,000 rubles, filed a tax return and paid a mandatory fee of 78,000 rubles. (13 %). The remaining amount was 522,000 rubles. The bailiff seized his account and withheld 500,000 rubles. to pay off alimony debts.

In case of violations, the payer may go to court with a claim for the return of funds. Supporting documents must be attached to the application.

Recommendation! Before going to court, you should send an appeal to the bailiff service with a request to justify the legality of the actions taken. The answer is presented to the judge as one of the evidence.

Let's sum it up

Thus, it is impossible to withhold money for alimony from a one-time purchase and sale agreement. Maintenance obligations include income received from the regular sale of cars. Parents have the right to voluntarily agree on the division of funds received from the sale of the car. If the payer maliciously evades his obligations, the bailiffs can seize the vehicle and sell it at auction to pay off the debts.

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Do I need to pay alimony on the sale of a car?

Maintenance obligations for parents are established by Art. 80 IC RF. The list of income for withholding funds for the maintenance of minors is contained in Decree of the Government of the Russian Federation of July 18, 1996 No. 841. Alimony from the sale of a car or other property is withheld in exceptional cases. To understand the issue, you need to know the laws and their interpretation.

How is child support paid?

As a standard, child support funds are withheld from official wages. A complete list of income is contained in Government Decree No. 841, which includes the following:

• pension, scholarship, unemployment benefit;
• monetary allowances for military personnel;
• remuneration for copyright works;
• allowances, bonuses and additional payments to salaries, tariff rates;
• fees, bonuses and rewards;
• income received as a result of concluding civil contracts;
• vacation pay and other payments when the employee retains his average earnings.

• payment of travel expenses;
• survivor's benefit;
• state financial assistance;
• maternal capital;
• disaster payments;
• inheritance;
• gifts and prizes;
• funds to support another child.

Alimony is not deducted from these payments.

Is the money received from the sale of a car income?

In most cases, doubts are raised by clause “o” of Part 2 of the Government of the Russian Federation No. 841, which states that alimony is also collected from civil contracts. The conclusion of purchase and sale transactions is regulated by the Civil Code of the Russian Federation, however, there are “Methodological recommendations on the procedure for fulfilling ID requirements”, which states that payments for a minor are withheld in exceptional cases:

• Purchase and sale transactions are carried out by the payer repeatedly in order to make a profit.
• The person obligated for alimony has a debt. Here, the frequency of transactions does not play a role; bailiffs try to transfer funds to the recipient at the slightest opportunity, seizing the payer’s bank accounts or property.
• The payment of maintenance funds from transactions is provided for in the alimony agreement concluded between the payer and the recipient.

There are several explanations for this:

• In fact, the income of the alimony obligee is transferred from in kind to cash. He does not receive profit from the sale of property, since previously he also invested money when purchasing it. This is relevant when it comes to one-time transactions.
• The legislation is designed to protect the interests of the payer. The average cost of used cars is 500,000-600,000 rubles. When paying maintenance in the amount of 25% of the sale, the claimant would have to pay at least 125,000 rubles, which entails unjust enrichment, covering several times the basic needs of the child and violating the rights of the child support obligee. The latter, after paying alimony, would not be able to purchase a car of equal price.

When is alimony paid from income received from the sale of a car?

Withholding of alimony is carried out in case of repeated transactions of purchase and sale of property, if as a result the payer receives income, as well as if there is a clause on withholding in the agreement or if there is a debt. Each situation should be analyzed separately.

Selling cars is related to work activities

In the Russian Federation, a considerable number of citizens are engaged in the resale of vehicles. Initially, they buy cars at a minimum cost, then after repair they bring them to normal condition and sell them at an inflated price. Such persons are called resellers. Earnings from one such transaction can be from 20,000 rubles, it all depends on the number of sales and the cost of the cars.

According to the law, funds for child support are withheld from earnings. For legal activities, the reseller must pay a tax of 13%, since there is a profit here, and the goods are always owned for less than 3 years. There are no grounds for exemption from personal income tax.

In practice, proving the occupation of alimony-obliged person in the resale of vehicles is problematic for several reasons:

• They do not register most cars in their own name: they buy them, then repair them and resell them to other people. Of course, no tax is paid, and no changes are made to the PTS.
• Even when selling a registered car, the reseller receives an exemption from personal income tax due to the lack of profit if he agrees with the buyer to indicate the reduced value of the car.

If the payer’s activities are legal, the recipient can also collect alimony from the amount received from the sale of vehicles.

Case study:

How payments will be calculated:

10,000 rub. – the amount of a fixed payment, regardless of income level.

If a car is purchased for 500,000 rubles, and sold for 800,000 rubles. – net income is 300,000 rubles. Personal income tax is withheld, then alimony.

300,000 x 13% = 39,000 rub. - tax.

300,000 – 39,000 = 261,000 rubles.

261,000 x 25% = 65,250 rub. – alimony.

261,000 – 65,250 = 195,750 rubles. - total in hand.

Withholding to pay off debt

By law, bailiffs have the right to seize the accounts or property of those liable for alimony to pay off the debt. In this case, income received from one-time transactions is written off to the recipients.

Case study:

The next day, the bailiff sends a decree to the bank to seize the account, the funds are blocked and transferred to the creditor. The balance of the debt (20,000 rubles) still remains with the payer.

Alimony after sale by agreement

According to Art. 103 of the RF IC, the payer and recipient have the right to independently determine the amount of child support, but it should not be less than the amount that could be recovered in court:

• 25% – for one child;
• 33% – for two children;
• 50% – for three or more minors.

The parties may provide in the agreement a clause on the transfer of alimony to the recipient from income received by the payer as a result of transactions with property.

Case study:

During the validity of the agreement, the alimony obligee sold the car for 1,000,000 rubles. According to the terms of the document, he must transfer 100,000 rubles to support the child.

How to pay child support from the sale of a car?

Having decided to pay money for maintenance from the sale of a vehicle, the alimony obligee must do the following:

1. Calculate the amount of profit. In a one-time transaction, the full cost of the product is taken into account. Resellers must deduct the original price of the car from their earnings, since these are expenses.
2. Pay tax if there are no grounds for exemption: ownership of a vehicle for more than 3 years, no profit from the sale.
3. Calculate alimony.

The money is transferred by those obligated for alimony to the bank account of the recipients specified in the court decision or alimony agreement.

Conclusion

Alimony after the sale of a car is paid only if there is a debt, an alimony agreement or systematic completion of such transactions. To recover payments, the recipient must collect evidence of profit by requesting tax returns from the Federal Tax Service, and then file a claim with the court to assign payments from earnings received from the resale of vehicles.

Payment of alimony from the sale of a car

When selling a car, the owner receives a considerable amount of money, which is taxed and equated to income. According to the current legislation, the latter are entitled to payments in favor of minors. Do I have to pay alimony on the sale of a car? And can this be avoided legally?

General provisions

If the spouses are divorced, then the child in most cases remains with the mother, and the father is required to pay monthly alimony payments. The amount of payments can be calculated in several ways, but most often the salary of the alimony provider is taken as the basis. In this case, all his income for the month is taken into account.

Since the sale of a car is also income, many owners are interested in whether alimony will be paid in this case. And it is simply impossible to give an unambiguous answer to such a question, because the final decision depends on the following factors:

1. Responsibility for the fulfillment of child support obligations by the father of the child. This takes into account timely payments, absence of debts, etc.
2. The essence of concluding an agreement for the sale of a car. If this is a one-time transaction and the child supporter sells his car, then the likelihood that he will have to share the profit with the minor is reduced. If we are talking about the systematic sale of cars for the purpose of enrichment, then such activity is equated to entrepreneurial activity, and completely different requirements are put forward for it.
3. Is there a clause in the alimony agreement that allows or prohibits deductions from the sale of movable or immovable property?
4. When was the car purchased? If its acquisition was made during the marriage period, then the citizen will have to share half of the profit with his ex-wife.
5. Other nuances associated with the sale. For example, a car is sold to pay off a loan debt, pay for treatment, improve living conditions, etc.

The court makes a final opinion based on its examination of the facts and evidence presented. It should be noted that such a decision cannot be appealed by filing a counterclaim.

What the law says

Resolution No. 841 deals with income from which it is possible to recover funds in favor of a minor. The latest edition of this document contains an addition regarding the transfer of alimony when concluding civil contracts. This caused many controversial situations.

The fact is that the sale of a car is carried out in accordance with civil law. Therefore, with respect to the latest adjustments made to Resolution 841, part of the proceeds must be directed to the needs of the minor. However, here too, not everything is as simple as it might seem at first glance.

The current legislation also contains a clause regarding the one-time sale of property. Since the agreement concluded in this case cannot be classified as economic activity, alimony payments from the income received will not be withheld.

The law also contains a number of additional arguments in favor of the illegality of withholding alimony funds when selling a car:

1. The main purpose of such payments assigned to the child’s father is to support the minor. We are talking about providing the baby with all the benefits necessary for normal physical, spiritual and mental development. If he is paid a quarter of the amount from the sale of an expensive car, then it will no longer be a matter of maintenance, but of unjust enrichment. Such a one-time payment will be many times higher than the monthly amounts, and the principle of equality in providing for the child between parents will be violated.
2. The sale of a car owned by a citizen does not imply material enrichment. In this case, we are talking about the transition of funds from in kind to cash, received in an equivalent amount. Therefore, there can be no talk of any increase in funds.
3. Enforcement proceedings on alimony protect not only the rights of the recipient of funds, but the payer. According to this document, the latter is obliged to regularly pay the maintenance of the child in a certain amount, but no more and no less. Deduction of part of the income when selling a car will lead to actual material losses for the father, since he will not be able to purchase a car of equal value.

The above arguments are applicable only if the following nuances are observed:

• the father of the child is a regular payer of alimony;
• The car is sold one-time and is not associated with making a profit.

Cases when alimony from the sale of a car can be withheld

Litigation regarding child support payments is one of the most complex cases. During such a hearing, a number of nuances must be taken into account, which is why the final decision of the judge may be unpredictable.

Today, there are three situations when the father will be obliged to pay part of the proceeds from the sale of a car for the maintenance of the child:

1. The car is being sold for the purpose of financial gain. We are talking about conducting labor or economic activities. Even if a citizen is engaged in business unofficially, if there is appropriate evidence, he will be held accountable. According to the law, alimony is withheld not only when running a business openly, but also without forming a legal entity.
2. The alimony agreement contains a clause regarding the conditions and amounts of payments from funds received from the sale of property.
3. There is arrears in paying alimony.

How to determine that the sale of a car is carried out for the purpose of enrichment? If there is a fact of periodic completion of such transactions, then this will become a reason for the case to be considered in court. For example, if a citizen purchases cars at a low cost for the purpose of repair and subsequent resale, then we can talk about conducting entrepreneurial activity aimed at making a profit.

In such situations, the ex-spouse may file a lawsuit to increase the amount of alimony. If the petition is granted, in the future the defendant will pay funds not only from his main income, but also from making profits from the purchase and sale of cars. But in practice, it turns out to be very difficult to prove the conduct of an illegal business. To do this, you will have to hire a good lawyer, who will charge additional funds for the services provided.

In case of arrears of alimony

If the debt for the last year arose due to the fault of the payer, then the bailiffs will be obliged to forcibly collect money from him. In this case, the interests of the debtor are no longer taken into account, and any funds at his disposal are used to repay the debt. These can be either cash savings or movable or immovable property. If there is a long-term evasion of alimony obligations, it is possible to sell the alimony provider’s apartment to pay for the financial support of the child.

If the debtor sells the car, then a certain part of the money received from the transaction must be seized by the bailiff. Subsequently, this money will be used for the needs of the child.

For example, having owed a certain amount of alimony, the payer receives a car as an inheritance. Fearing that the car will be seized by a bailiff, the citizen decides to quickly sell it at a reduced price and deposits the funds received into a savings account in a bank. But these actions do not relieve his responsibility, since the bailiff is able to seize and freeze the account, subsequently transferring this money to the recipient.

If the parties have signed an alimony agreement

This document may reflect the nuances of calculating alimony from funds withheld by the payer from the sale of property. If such a clause is present, then income from the sale of vehicles is necessarily subject to alimony deductions.

For example, in the alimony agreement there is a clause regarding which the payer will be obliged to pay 5% of the proceeds to the child from each transaction for the sale of property. Then, from a contract worth 500 thousand rubles, the minor’s share will be 25 thousand.

Such decisions are made only with the consent of both parties. The notary cannot influence the course of the case in any way; he only certifies the document. If the payer does not agree with such requirements, then it will most likely not be possible to oblige him to pay through the court due to the nuances described above.

Thus, according to the law, a citizen must pay alimony from the proceeds from the sale of a car, with the exception of some situations described above. If a child receives the money allocated for his maintenance in full, then we can confidently say that the father fully fulfills his obligations to him. Additional payments can be made only on the basis of a corresponding decision of the alimony provider.