How to transfer alimony through bailiffs. Collection of alimony by bailiffs Procedure for the collection of alimony by bailiffs
Legal advice:
1. Filed a bailiff with a writ of execution for the recovery of a penalty for alimony, tell me how long they must execute it.
1.1. When the court decision will be executed depends on whether the debtor works and whether he has any property. If he works, then up to 70% will be deducted from his salary. The property of the debtor can be foreclosed.
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1.2. The deadline for execution of the executive document is set at 2 months. If no action is taken, you will need to write a statement addressed to the senior bailiff, it is better to make such a statement in 2 copies, one to send to the UFSSP, the second will remain with you, within 30 days, and if you apply via the Internet, 15 days, an appropriate letter should be sent to your address, which will indicate what measures have been taken to enforce the judicial act, in case of silence or lack of action on the part of the bailiffs, go to court and recognize their actions (inaction) as illegal after the decision comes into force apply to the court for the recovery of non-pecuniary damage and all legal costs associated with going to court. Perhaps this is one of the ways to make bailiffs work.
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2. My husband had such a situation, which means that his ex-wife filed for alimony on him at the time when the child was not yet born, and that the child was born, he learned only from the bailiffs, his wife gave birth on December 9, and the court for the recovery of alimony was already the 27th of this month? How can this be done and is it legal?
2.1. Svetlana!
Perhaps your husband's ex-wife went to court to establish alimony for her, before the birth of the child.
The law provides for alimony for the maintenance of not only the child, but also the mother.
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3. You can ask the question, is this even possible? My husband had such a situation, which means that his ex-wife filed for alimony on him at the time when the child was not yet born, and that the child was born, he learned only from the bailiffs, his wife gave birth on December 9, and the court about the collection of alimony was already the 27th of this month? How can this be done and is it legal? we want to apply for a DNA test, he does not believe that this is his child.
3.1. You want it right. File a lawsuit in court and challenge paternity. The main thing is to correctly prepare and substantiate such a statement of claim on the basis of the norms of the RF IC and the Code of Civil Procedure of the Russian Federation.
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4. The court decision on the recovery of alimony was issued on 17 August. There have been no entries yet. What should the defendant do in this case? How long does it take for bailiffs to make a decision on a writ of execution?
4.1. If you sent a sheet to the bailiffs, then 3 days in the office and 3 days to initiate enforcement proceedings. See your incoming number - when you submitted the application, did you correctly indicate the details for transferring funds.
If there is red tape - write to the reception via the Internet, or to the prosecutor's office. A trial under the CAS RF is long and expensive.
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5. Please, I received a court order for the recovery of alimony, took it to the bailiffs. The father is a citizen of the Republic of Kazakhstan, he does not have a contact phone number, his place of residence is known. Interested in what will happen next (terms and how bailiffs will act)
5.1. bailiffs will look for his earnings and execute a court decision, they can seize movable and immovable property.
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5.2. Application to the bailiff under Article 64.1. Federal Law "On Enforcement Proceedings" (FZ), apply for an executive search for the debtor, Article 65 of the Federal Law. Satisfy, issue a resolution on the search and start a search case. See paragraph 16 of article 65 then additionally. If they refuse, then you have the right to appeal against the head of the bailiff or in court under the CAS RF. In the application, indicate that he is a resident of another state and the bailiff should send a request, as part of a search case, to Kazakhstan. If he is found there, then the court order should be sent to the local court and issue its own judicial act on the recovery of alimony on the territory of Kazakhstan.
We will study - "The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters" (Concluded in Minsk on January 22, 1993) (entered into force on May 19, 1994, for the Russian Federation on December 10, 1994).
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6. In the court order for the recovery of alimony dated 01/21/2009, an error was found about its entry into force on 02/03/2008, the bailiff does not see this and collects the debt from me. Can I write a complaint against the bailiff and, if later a new order is issued in the magistrate's court without errors, can I cancel it within 10 days?
6.1. No you can not. In the format you write. The defendant is not at fault in this case. He is following orders. You need to contact the court that issued the order to correct the error. If an error occurs
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7. I have a court order for the recovery of alimony. If there are any terms in which I must take the order to the bailiffs? And can I not send the order at all if I agree with my ex-husband. Thank you in advance.
7.1. The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. In the ruling on the cancellation of the court order, the judge explains to the exactor that the stated requirement can be brought against them in the course of action proceedings. Copies of the court ruling on the cancellation of the court order shall be sent to the parties no later than three days after the date of its issuance.
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8. On September 21, 2017, she brought the court decision to the bailiffs on the recovery of alimony from her husband’s salary, wrote a statement, provided a complete list of documents, but there is still no alimony, although 2 months have already passed. How long does it take for bailiffs to pay child support?
8.1. The court decision must be executed within two months, but this period is not a limit. If the bailiff is inactive, then file a complaint with the prosecutor's office.
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8.2. Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings" (as amended)
Claim according to Article 50.
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8.3. dear visitor!
The bailiffs have already violated the terms of execution, file a complaint addressed to the head of the UFSSP of the subject or to the prosecutor's office
Good luck and good luck with your issue!
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9. Please tell me. I have deprivation and recovery of alimony. But the bailiffs said they would not charge. But I filed an appeal. The deadline hasn't expired yet. Can a decision be changed in the Supreme Court? My child is now in another city. But I go and call about health and ask. Will it still affect the decision of the court?
9.1. If you have filed an appeal against a court decision with the court, then you need to wait until it is considered by the court. If there are grounds, the complaint can be satisfied.
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9.2. dear visitor!
It is likely that the decision of the court of first instance will be canceled, you need to know the details
All the best, I wish you good luck!
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9.3. Yes, you have the right and can appeal against the decision of the court in the appellate instance, the supreme court in the manner prescribed by law Good luck to YOU.
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9.4. Alena Andreevna. Wait for the decision of the Court of Appeal. Maybe something will change. When you receive the decision, you will decide / whether to write a cassation or not.
You can always find a way out of any situation. Good luck and all the best in your business.
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10. If the writ of execution, for which the recovery was not made or made partially, is returned to the recoverer at the request of the recoverer, and later the recoverer again submits the writ of execution to the bailiff service; Then the debt on alimony is counted from what time? From the time of filing a repeated writ of execution or from the beginning of the term for a writ of execution.
10.1. debts are calculated from the moment the writ of execution is issued Thank you for visiting our website good luck and all the best.
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10.2. A writ of execution is filed on a specific court decision. What is indicated there will be collected. Only the court can make changes.
Good luck!
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11. I have this question:
The bailiff is obliged to accept for execution the executive document or the court. an order to recover alimony from the court that issued it, and initiate enforcement proceedings if the deadline for presenting the enforcement document for execution has not expired and this document complies with the requirements provided for in Article 8 of this Federal Law.
Explain what is the deadline for presenting this executive document for execution?
11.1. The term for presenting a writ of execution for execution, according to the Law on Enforcement Proceedings, is three years.
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11.2. As a general rule, the period for presenting a writ of execution is 3 years and is calculated from the date of entry into force of the court decision on the basis of which it was issued.
However, in cases of maintenance obligations (as well as in other cases involving periodic cash payments), the period of validity of the writ of execution will be different.
You can file a writ of execution throughout the entire period of maintenance obligations. In addition, there is a three-year statute of limitations.
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12. In 2013, she took a writ of execution for the recovery of alimony from the bailiffs! Can it be returned now again? On IL there is a term for presentation for execution of 3 years!
12.1. If the child is under the age of 18, you can at any time present a writ of execution for execution to the bailiff service
Good luck.
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12.2. Federal Law No. 229-FZ of October 2, 2007 (as amended on July 18, 2017) "On Enforcement Proceedings"
Article 21
1. Writs of execution issued on the basis of judicial acts, with the exception of the writ of execution specified in parts 2, 4 and 7 of this article, may be presented for execution within three years from the date of entry into force of the judicial act. Writs of execution containing demands for the return on the basis of an international treaty of the Russian Federation of a child illegally transferred to the Russian Federation or held in the Russian Federation shall be presented for execution within one year from the date of entry into force of the judicial act.
4. Executive documents containing requirements for the collection of periodic payments may be presented for execution during the entire period for which the payments were awarded, as well as within three years after the expiration of this period.
You can present.
Good luck.
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13. On August 9, I had a court on a claim establishing paternity and collecting alimony, on the same day I was given a writ of execution and I gave it to the bailiffs. The court decision will be ready in a month. Can you tell me how long I will receive benefits as a single mother?
13.1. Well, if paternity has been established, then you can no longer receive benefits as a single mother. Alimony for the child is appointed from the moment of applying to the court.
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13.2. As a recognized single mother, you must meet the following requirements:
To be divorced from a spouse for more than 300 days or not to have a husband at all.
Do not have a written document from the father, indicating his relationship with the child.
Do not have a court opinion on the fact of paternity. Once you decide to acknowledge paternity, you are no longer a single mother. Good luck.
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Consultation on your question
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14. Intends to give for execution the court order for the recovery of alimony to the bailiffs. It was issued by the court a week before the child came of age. Possible non-execution of the court decision by the defendant due to the presence of credit debts. What document are the bailiffs required to provide about her impossibility to execute the court order and in what time frame? Thanks.
14.1. in accordance with the norms of the current legislation of the Russian Federation, the established practice of its application, since the child is already an adult, he is no longer a child and alimony is not subject to collection on him.
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14.2. Having received a court order, you must send it to the OSP at the place of residence of the debtor, upon receipt of this order, bailiffs must initiate enforcement proceedings within three days, but in accordance with the Family Code of the Russian Federation, alimony is paid until adulthood.
If your child is in full-time education, then you can try to extend the child support payments until the end of full-time education!
All the best!
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15. In September 2015, I withdrew my child support order. In October 2016, she took the court order back to the bailiffs for execution. The debtor does not work anywhere and is not registered with the CZN at the place of residence. In March, she applied to the bailiffs for a certificate for the last three months on alimony arrears. The resolution on the calculation of the debt indicates the period from 2009 to 2017. The amount indicated in the resolution is 29,713 rubles. Is the ruling correct?
15.1. You need to see the decision on the calculation itself to say whether it is true or not.
With respect to you, Filatov Evgeny Pavlovich.
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15.2. Judging by the sum, the error is at least one zero. Ask the bailiffs what they were guided by when they made such a calculation. Or they indicated to you all the same for the last three months.
Good luck!
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15.3. for such a period, the amount is too small to get advice, you need to come for a personal consultation with a lawyer. Always happy to help!
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16. Court order dated 02.2010 on the recovery of alimony. But there was no enforcement proceedings, because there was a violation of Part 1 of Article 30 of the Federal Law "On the execution of proceedings." He paid voluntarily. And now we need official alimony. Should I go to court or bailiffs? How long will he pay?
16.1. The term for presenting a court order for recovery is three years. Now go back to court with an application for an increase in the amount of alimony.
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17. My husband's ex-wife filed a lawsuit for alimony, a recovery order came from mid-October, but he already paid alimony for October and November, as before, through the mail in the name of the child, he already has a passport. We learned that an application had been filed with the court after receiving a notice from the bailiff. Please tell us how we can proceed to move the payment deadlines.
17.1. If a court order was issued, you should obtain a copy of the order from the court and file objections within 10 days, the court order will be changed.
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17.2. Apply to the bailiffs, explain the situation, show translations. Good luck in resolving the issue.
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17.3. In order for the payments made in October and November by your husband to be counted as alimony, it is necessary that in the purpose of the payment it should be indicated - "transfer of alimony for the month."
if it is indicated that alimony was transferred, it is necessary to appear at the reception of the bailiff and provide receipts.
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18. What are the terms for consideration of an application by a bailiff for the recovery of alimony from the debtor?
18.1. Enforcement proceedings are initiated within three days from the date of receipt of executive documents.
Good luck to you!!!
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18.2. Alimony obligations are periodic payments, within 3 days from the date of receipt of the application from the Spanish. with a letter to the bailiffs, they must initiate enforcement proceedings and must perform actions on it within 2 months. If the debt has accumulated, seize and sell the property.
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18.3. The application for alimony from the debtor must be considered by the court. And the bailiffs will consider the application with a court decision on the recovery of alimony. According to the law on enforcement proceedings, 2 weeks are allotted for opening an enforcement case, including the opening itself, an offer for voluntary repayment and the provision of relevant documents, sending the appropriate bailiff’s order to the recoverer.
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19. Please, within what period of time should bailiffs send a document on the recovery of alimony to the debtor's organization. Enforcement proceedings in the bailiffs' service were initiated in August, nothing has been received by the debtor's organization so far.
19.1. PROSECUTION RESPONSE MEASURES
Article 10. Consideration and Resolution of Statements, Complaints and Other Appeals in Prosecution Bodies [Law "On the Prosecutor's Office of the Russian Federation"] [Article 10] . The decision taken by the prosecutor does not prevent a person from applying to the court for the protection of his rights. A decision on a complaint against a sentence, decision, ruling and ruling of a court may be appealed only to a higher prosecutor. In the event that the acts of officials who violated the laws contain elements of a crime or an administrative offense, depending on the nature of the violation of the law, the prosecutor issues a reasoned decision to initiate a criminal case or a decision to initiate a case on an administrative offense (Article 25 of the Law, Art. 37 Code of Criminal Procedure of the Russian Federation, Articles 25.11, 28.4 of the Code of Administrative Offenses of the Russian Federation).
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19.2. Write a complaint to the prosecutor's office. According to the Federal Law of the Russian Federation No. 59-FZ, a complaint is written in an arbitrary form (in your own words), or order a lawyer in a personal, filed by mail or handed in person.
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20. Do bailiffs have deadlines for collecting alimony? The writ of execution was received on August 3, the bailiffs stopped all documents. They opened the case on September 6th. Now they are talking in the process. Although I wrote all the information about the debtor, the phone works. What to cherish.
20.1. First of all, you need to get an appointment with the bailiff who deals with your enforcement proceedings, make a copy of the enforcement proceedings, i.e. get to know him. After that, please contact me and I will help you.
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21. On August 22 of this year, the bailiffs of the city of Kursk received a court order from me to collect alimony and wrote to me that they were making a request to the Federal Migration Service in the region to find out the address of the debtor. A month later, I wonder if they received an answer or not. On September 26, the answer came that the answer from the Federal Migration Service had not yet been received. Are there any deadlines or bailiffs are pulling?
21.1. The bailiffs, apparently, are simply inactive. File a complaint addressed to the head of the FSSP department, and if this does not help, to the prosecutor's office. Good luck to you!
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21.2. according to the law, they must respond within 30 days, but this will not affect the recovery of alimony in any way, you will be charged alimony from the date indicated in the court order.
Good luck to you and all the best.
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21.3. a response from the address and reference department of the Federal Migration Service should come within a month. If so far there is no answer about the place of residence, and the bailiff has not completed any further movements in the case, then write a complaint about his inaction.
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22. How to understand it. In accordance with Part 2 of Article 121 of the Russian Federation, a court order for the recovery of alimony is both an executive document and is enforced in the manner established for the execution of court decisions. Deadline for implementation is 3 years. Explain how to understand this 3 years? After 8 years, the court order is no longer valid? And I can’t turn to the bailiffs, is it? (until that time there was no need to apply, there was an oral agreement with my husband).
22.1. No, they didn't understand. If the court order is in the SSP, then it is valid until all alimony arrears are paid.
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23. The bailiff is dragging out the deadlines for collecting alimony from the father of the child. What steps need to be taken to move things forward. And can they "close the border" for the alimony's departure from the country? I am a citizen of Latvia, the father of the child is a citizen of Russia.
23.1. write a complaint to the senior bailiff
Last modified: January 2020
When one of the parents leaves the family, the second will have to take care of the joint child, educating, caring for him, creating normal living conditions. After the dissolution of marital relations, minor children often remain with their mothers, while fathers forget about systematic payments in the interests of the child. The mother has to study the procedure, how bailiffs collect alimony and what actions must be taken if it is not possible to independently agree with the alimony payer.
Since the powers of the bailiff are much broader, there are more chances to force the alimony payer to pay legal benefits if the FSSP body is involved for help.
After the court has made a decision, it is necessary to clarify in the office how and where to find an order for organizing the payment of alimony. After the entry into force of the decision, a writ of execution is prepared, but not only the writ of execution serves as a reason for collecting alimony under the law. There are three options for papers that have the force of an executive document:
- a peace agreement upon reaching a consensus regarding the financial provision of the child;
- a court order received in the framework of summary proceedings, on the basis of general norms of law - with the definition of alimony amount as a share of earnings;
- a writ of execution received on the basis of a court decision as part of a lawsuit, when alimony is assigned in a fixed amount of money.
Any of the options for executive documents can be independently transferred to the debtor's employer so that the accounting department independently organizes regular deductions, but this is not always possible - the payer is not employed, or the employer is unknown.
The bailiff is contacted when problems arise with the independent collection of alimony debt:
- Primary transfer of a writ of execution for the organization of recovery.
- Appeal in case of accumulation of overdue debts.
Since, after the court makes a decision, the collection work is just beginning, the mother will have to act in the following order:
- Receive an executive document (order or sheet based on a court decision).
- Find out the hours of admission at the FSSP department.
- Prepare an application for the opening of enforcement proceedings.
- At the reception time, a package of papers is handed over from copies of personal documents, an executive document and an application for work to the bailiff.
The law does not limit the right to choose the time for filing an application for recovery, however, it should be borne in mind that it will be possible to collect alimony only for the period from the moment the application was submitted to the court, the first appeal to the FSSP department, or if it is established by the court. Subsequently, recipients have the right to apply for help from the FSSP at any time, up to the age of 18.
Where to go
If the alimony payer lives in the same region as the recipient, there are no particular difficulties with the transfer of a package of papers for opening enforcement proceedings. However, it often happens that the payer moves to a new place, changing the region by registration. In this case, they apply to the FSSP department in the region of the debtor through the department at the place of residence of the claimant, or through registered mail.
The package of papers for the FSSP is presented:
- civil document (passport) of the claimant;
- birth certificate for minor children on whom collection is organized;
- document for execution (court order, sheet, agreement between parents).
The application is made with the mandatory inclusion of the following details:
- details of the claimant, his full name, address, telephone number for contacts;
- writ of execution, order, agreement (details of the document - number and date);
- the amount of alimony obligations, from what moment the recovery is to be organized;
- child support information (similar to recipient information plus employer information and known contacts);
- an indication of the details for organizing the transfer and any other useful information.
When the claimant contacts the bailiff service, from the conversation, the FSSP employee finds out the necessary information that will help contact the alimony payer:
- residential address;
- personal phones;
- contact details of relatives and friends that will help you find the payer.
In addition to contact details, the available data on the property and financial situation of a person, possible sources of income are transmitted to the FSSP department. At the end of the conversation, they decide whether there are grounds for starting enforcement proceedings.
This might come in handy: .
How is the collection
When a positive decision is made to start execution, the work of the bailiff begins. The established procedure for collection involves the initial call for a conversation with the payer, the delivery of the decision and an explanation of the financial obligations that have arisen. If a debt is accumulated, the amount due is reported. During the discussion, the payer is informed about the possible consequences in case of violation of obligations and malicious evasion.
- If the place of work is known, the executive document is sent to the accounting department working person to organize regular deductions in favor of a minor dependent. This is the easiest way to recover, because. Subsequently, payments occur regularly, simultaneously with the payment of wages to the employee.
- There are situations when the alimony payer is not officially employed, but there is a confirmed other income in the form of a pension, scholarship, unemployment benefit. In this case, they find out the source of income and send the executive document to the organization from which the payments are received.
- Collect from idle a person whose income is unknown is more difficult. As a rule, the alimony payment in such cases is assigned in a fixed amount. The contractor will have to find out the solvency, sources of financing and recovery options. If the debtor's funds are not enough to fulfill the court order, they look for alternative options for obtaining payment. Options for the direction of collection may be deductions from rental housing, from a bank account, income from securities, and other unofficially unconfirmed income for performing certain work (part-time work).
restrictive measures
If it was not possible to identify any sources of income or earnings, it is in the authority of the bailiff to ensure the fulfillment of maintenance obligations through the seizure of existing property.
The alimony payer gets some time to resolve financial issues and pay off the debt. In case of evading obligations and refusing to pay the due amount to the child, the FSSP employee initiates the sale of the seized property through auction, with the proceeds from the sale of funds for alimony debts and accrued penalties.As a measure of restriction, if there is a risk that the non-payer will go abroad, avoiding punishment for non-payment, the recipient of alimony has the right to apply to the bailiff to impose a ban on crossing the border.
Restrictive measures at the initiative of the recoverer are introduced by filing a petition with the FSSP service.
The petition specifies the requirements to restrict the actions of the payer:
- On moving outside the Russian Federation due to the risk of avoiding financial obligations in court.
- By seizing objects of property that could serve as security for the execution of an order for the payment of alimony.
A ban on crossing the state border is issued in the form of a bailiff's decision valid for six months. Further, the document is transferred to the appropriate authority - the migration service under the Ministry of Internal Affairs.
When seizing property, it must be described and the approximate value indicated. The property specified in the inventory serves as security for the performance of obligations. The alimony payer is not entitled to dispose of property - to give, sell, exchange it until the restrictions are lifted. The right of use and ownership is retained by the owner until the debt is repaid, or until it is put up for auction in order to obtain funds to pay the debt.Recovery from property
When the issue with the debt is not resolved in any way, or the funds indicated in the income of the payer are not enough to organize the full execution of the court order, the law allows the collection of alimony debt through the property of the parent.
Property recovery is organized on the basis of Chapter 8 of Law No. 229-FZ, which regulates the procedure for conducting enforcement proceedings. If a decision is made to liquidate the maintenance debt through property, two options are allowed:
- Forced sale of property and payment of debt with the proceeds.
- Transfer of the payer's property to the child towards the payment of alimony in kind upon prior agreement with the legal representative of the minor.
The defaulter has the right to propose from which property to collect funds, however, the authority to select an object for sale belongs to the bailiff.
The forced sale of property occurs only when there are no other options for paying off the debt. Before the sale, the bailiff is obliged, first of all, to check the possibility of collecting from bank accounts, deposits, funds stored in bank cells.
The work of the bailiff gives great powers aimed at forcing the repayment of the debt, but the bailiff does not always work effectively.
There can be many reasons for this. In addition to external factors that do not make it possible to fully work out the issue of recovery due to load, it remains possible that the FSSP employee is not experienced enough in recovery matters. The risk of collusion between the bailiff and the defendant should not be ruled out, when the state executor receives a reward for not taking active actions against the defaulter.
If the claimant is dissatisfied with the work of the FSSP employee, he has the right to write a reasoned complaint. An appeal to a higher authority or the immediate supervisor of a negligent bailiff is made arbitrarily, however, the text must include an indication that the 2 months set for organizing the recovery have expired, the bailiff repeatedly used its extension, without any reason.
The procedure for appealing the work of a bailiff includes interaction with the Senior Bailiff, the Chief Bailiff of the region, the Chief Bailiff of the Russian Federation.
As the debt accumulates, the creditor may demand the collection of a penalty for late payments. To do this, you have to visit the bailiff and take a certificate from the FSSP on the amount of debt at the time of going to court. Upon consideration of the statement of claim, the court makes a decision on additional recovery of the penalty along with the accumulated debt.
Do you have any questions? Ask! Our lawyers are ready to answer all your questions, as well as provide qualified assistance in preparing applications to various authorities.A substantial part of the Family Code of the Russian Federation is devoted to alimony. The courts of Russia in 2014 considered 328,714 cases on the recovery of alimony. Over the past 3 years, these numbers have only been growing.
It is important to know: the main document that regulates the amount, procedure for payment and collection of alimony is, of course, the Family Code of the Russian Federation (from article 80 to article 120). Two other documents are of great importance:
- Decree of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”;
- review of the practice of the Supreme Court of the Russian Federation dated May 13, 2015 "On cases related to the recovery of alimony for minor children, as well as for disabled adult children."
General information about the recovery of alimony
Alimony is money for the maintenance of minor children (Part 2 of Article 80 of the RF IC). If the parents do not support the children, then the alimony is collected in court.
For one child, 25% of the income of the parent who does not live with the child is collected monthly; for 2 children - 33%, for 3 or more children - 50%.
In addition, alimony can be collected not in shares of earnings, but in a fixed amount of money (that is, a certain amount of thousands of rubles per month). This happens if the parent who is obliged to pay child support has an irregular income, if he has earnings in foreign currency or no income at all.
Important to know: The Family Code allows for a situation where the recipient of alimony can achieve the transfer of alimony in excess of the amount established by law. But you still need to prove that you are entitled to a large alimony. For this proof, you need a professional lawyer.
Agreement on the payment of alimony
The best, simplest and most peaceful option is to conclude an agreement on the payment of alimony. No judgment is needed here. Mother and father voluntarily enter into an agreement that specifies the amount of alimony, the conditions for their transfer, and the procedure for payment.
This agreement must be certified by a notary (Article 100 of the RF IC). The alimony payer may not, of his own free will, not comply with this agreement, stop paying or pay a smaller amount than is established in the agreement.
The Family Code (Article 104) establishes different ways of paying alimony. This can be a percentage of the payer's earnings (for example, 30% of income), a fixed amount (for example, 15,000 rubles monthly, regardless of the amount of income), an amount paid once (for example, 1,000,000 rubles on such and such a date and everything for this), the provision of property (for example, the purchase of a computer for study, all school, sports supplies) and in any other way.
The agreement specifies the method of indexing the amount of alimony (Article 105 of the RF IC).
It is important to know: article 99 of the RF IC states that the agreement can establish the conditions for the transfer of alimony. However, nothing more is said about the conditions. The current practice suggests that the conditions should be understood as the frequency and duration of meetings of the child with the parent who lives separately, the opportunity to attend various events, relax, and so on.
In general, the agreement can be said to leave the parents a lot of room for a peace agreement. And at the same time, it does not allow a situation where, by agreement, the child would receive less than he is entitled to by law. For this, the participation of a notary is needed - he compares the agreement with the norms established by the Family Code so that the child is not infringed.
Collection of alimony in court and 2 very interesting points
Going to court is the most common way to get child support paid. The right to apply to the court for the recovery of alimony arises if an agreement on the payment of alimony could not be reached (Article 106 of the RF IC).
Interestingly, an application for the recovery of alimony can be applied to the court regardless of how much time has passed since the right to alimony arose.
Example. The family broke up when the child was 2 years old. This means that you can apply to the court for alimony immediately, and when the child is 4 years old, and 10 years old, and 16.
In this case, the court has the right to collect alimony for 3 years before the appeal to the court. However, this requires 2 conditions: that the alimony recipient tried to receive alimony, but the payer evaded paying them.
Example. The obligation to pay child support from the father arose when the child was 4 years old. Let's say the mother went to court when the child was 8. The court has the right to oblige the father to pay child support for the past 3 years, that is, from the time when the child was 5 years old.
The court has been given a very interesting right: to oblige the payer to pay alimony even before the relevant decision is made by the court (Article 108 of the RF IC).
An excellent opportunity given by the procedural legislation - a court order
The procedure for collecting alimony makes it possible to do without a lawsuit and without a dispute in court, without even going to court. It's about a court order.
It is important to know: writ proceedings are a simplified, lightweight version of legal proceedings. Article 122 of the Code of Civil Procedure expressly states that a court order may be issued in matters relating to the recovery of alimony. This is an official document that has the force of a writ of execution.
The condition under which it is possible to require the court to issue an order is the absence of a dispute. That is, if the alimony payer does not dispute his paternity, does not refuse to pay alimony, agrees with the amount of alimony that must be paid ... and at the same time does not pay them.
It is not a lawsuit that is filed with the Magistrate's Court, but an application for a court order (Article 123 of the Code of Civil Procedure). The application must indicate:
- name of the court, full name of the claimant (of the parent with whom the child lives), place of residence, full name of the debtor, date and place of his birth, place of residence and work, if known;
- the claim for the recovery of alimony, the circumstances on which this claim is based (the child lives with the recipient of the alimony, the other parent must pay the alimony, but does not pay them);
- documents confirming the correctness of the applicant (a copy of the certificate of marriage, divorce, if it has already been dissolved, a copy of the birth certificate of the child, a certificate of the place of residence of the child);
- list of attached documents, signature.
The court order is issued within 5 days after the receipt of the application (Article 126 of the Code of Civil Procedure).
The logic of the situation is as follows. Court is the place where legal disputes are resolved. And if there is no dispute, then it makes no sense to clutter up the court with lawsuits. Therefore, a simplified version of court proceedings was created - writ proceedings. In this case, the judge does not call the parties to court, there is no debate, but issues a court order. Why argue if there is no dispute?
It is important to know: a court order is really a simpler thing than a lawsuit and a dispute in court. But the application for the issuance of a court order still needs to be drawn up correctly. With references to the Family Code, the Code of Civil Procedure, otherwise - the Housing Code. Only a lawyer will help you here, and the more competently an application for a court order is drawn up, the more likely it will be accepted for consideration by the court.
How to write a claim and where to file it?
If there is at least some disagreement between the parents of the child about the payment of alimony, then the application for issuing an order can no longer be submitted. You need to file a claim. Claim proceedings are the most common procedure for collecting alimony.
It is important to know: as a general rule, a claim is filed at the place of residence of the defendant (Article 28 of the Code of Civil Procedure). But in the case of the recovery of alimony, you can file a claim at the place of residence of the plaintiff (part 3 of article 29).
A claim for the recovery of alimony is filed according to the rules of Articles 131 and 132 of the Code of Civil Procedure.
- The title of the claim states: the name of the court where this claim is filed, the name of the plaintiff and the defendant, their place of residence.
- Next comes the descriptive part. It indicates how the rights of the child are violated (we are talking, of course, about non-payment of alimony), and also why the child has the right to receive these alimony. All this must be indicated with references to the articles of the Family Code.
- The pleading part. Here, the plaintiff must ask the court to recover child support.
- List of attached documents. This should be a copy of the statement of claim for the defendant, a copy of the certificate of marriage or dissolution, if the marriage is dissolved, a copy of the birth certificate of the child, a certificate of residence of the child with the plaintiff. All of these documents must be attached to the claim. Date and signature is put.
It is important to know: it would seem that everything is simple. But if mistakes are made when filing or drawing up a claim, the court may refuse to accept the claim (Article 134 of the Code of Civil Procedure), return the claim to the plaintiff (Article 135 of the Code of Civil Procedure), leave the claim without movement (Article 136 of the Code of Civil Procedure). An experienced lawyer will write such a claim, which will not only be accepted for production without problems, but will also become a powerful weapon for providing a child with alimony.
It is important to know that there is no state fee for filing a claim for the recovery of alimony.
Change in the amount of alimony, indexation
Only those alimony that are paid in a fixed amount of money are indexed (Part 1 of Article 117 of the RF IC). Those paid as a percentage of earnings are not indexed. Obviously, it means that earnings themselves are indexed, which means that the percentage of it increases.
Bailiffs, as well as any organizations or people to whom a writ of execution is sent, are engaged in the indexation of alimony. For example, accounting in the organization where the debtor works.
But the amount of alimony can change not only as a result of indexation.
Article 119 of the Family Code says that if during the period of collection of alimony the financial or marital status of one of the parties has changed, the court may change the amount of alimony. Or even release the alimony payer from paying them.
Example 1 The husband and wife divorced, the child stayed with the mother, the amount of alimony is 25%. The mother works and receives a good salary. The ex-husband created another family, where he had a child. This child is entitled to a decent provision. At the suit of the ex-husband, the court can (given the good salary of the mother) reduce the amount of alimony to, for example, 20% or 15%.
Example 2 The couple divorced, the child remained with his mother. The father runs a business and pays alimony in a fixed amount of money - 20,000 rubles a month. The child became seriously ill. His mother is forced to leave her job, now there is no salary. In such a situation, the court, at the request of the mother, has every reason to increase the amount of alimony. After all, treatment is needed, but it costs money, first of all; and secondly, the mother of the child does not work because she has to look after him.
Execution of the court decision: “now go to the bailiffs”
So, the decision of the court on the recovery of alimony was received. Lawyers say “to achieve the desired decision in court - 10% of the case. The remaining 90% - to achieve its implementation.
After the decision enters into force, the plaintiff is issued a writ of execution. If a court order is issued, then a writ of execution is not issued, because the order itself has the force of a writ of execution.
The procedure for collecting alimony assumes that the plaintiff, who has received a writ of execution or a court order, gives it to the bailiff service. Further - that is, to ensure the actual collection of alimony - this is their job.
Bailiffs, having received a writ of execution, initiate enforcement proceedings within 3 days.
The bailiff service has the authority to search for the debtor's property, conduct audits of financial documents and even seize property (Article 64 of the Federal Law "On Enforcement Proceedings").
There is one thing that greatly facilitates the procedure for collecting alimony. The administration of the company in which the alimony payer works is obliged, according to a writ of execution, to deduct the amount of alimony from the payer's salary and transfer them to the recipient. This is established in article 109 of the Family Code.
It is important to know: there are often cases when the alimony payer does not work officially, does not have a proven source of income, does not pay alimony, and a debt arises. Read about what to do in this situation, as well as about liability for non-payment of alimony, here (link to an article about collecting debts on alimony).
Why you should contact a lawyer
The collection of alimony is a whole complex of actions. It begins with the collection of evidence, continues with representation in court and obtaining a writ of execution, and ends with the transfer of money. You need to know exactly what to do and when. This is the only way to ensure the recovery of alimony.
And besides, participation in court is a strong stress. And everything needs to be done right. Therefore, it is better to turn to a professional who will do everything right and relieve you of stress.
And yes, the consultation is completely free and does not oblige you to anything. In addition, the provision of legal assistance requires a great deal of trust between the client and the lawyer. Be calm - no one will know what you would like to hide, because this is required by Federal Law No. 152-FZ "On Personal Data" and professional legal ethics.
Recovery of alimony, like any other legal proceedings, is unpleasant. But at the same time it is necessary, like a bitter medicine. And if it so happened in life that the rights of your children are violated, then you need to act, because the law is on your side. Hurry - the sooner we start collecting child support, the sooner your child will receive a more decent standard of living. Write us a message or call the contact number - we will definitely help you.
Alimony payments are an important part of the family budget, since a child requires not only a lot of attention, but also a lot of money. If payments stop or the other party refuses to transfer them at all, you should immediately contact the bailiffs. How exactly to do this and what you can expect - read in this article.
The rights and obligations of the bailiff for the recovery of alimony
A bailiff is a government official who is obliged to comply with court decisions and orders. To do this, he must not only have the required powers, but also the grounds, as well as the necessary documents in order to start production.
The rights and obligations of the bailiff:
- The bailiff is obliged to make every effort to call an unreliable payer, as well as the recipient of funds to provide the necessary documents and information related to the debt that has arisen. In particular, the most common question that is asked to the non-payer is: for what reason does he not transfer funds?
- The bailiff also has the right to independently, using the opportunities available to him, clarify the information received, double-check the data and search for the defaulter.
Example: The bailiff can send a job request to the non-payer in order to establish the fact whether he works there at all at the moment and, if so, what salary he receives. Requests can also be submitted to the traffic police and the USRN. In the first case, regarding the availability of transport from the alimony, in the second, regarding the availability of real estate that could be seized and sold in order to pay off the debt.
- He has the right to demand from the management of the enterprise where the debtor works, to withhold part of the salary and transfer the amount of deduction towards alimony, as well as repayment of debt (but not more than 70%). The transfer of money must be made no later than three days from the date of payment of wages.
- The bailiff is obliged to personally go to the place where the defaulter lives, both to conduct conversations and collect information, and to inventory the property and establish the real financial condition.
- The bailiff has the right to seize and seize the debtor's property for the purpose of its subsequent sale. The proceeds are used to pay off debt.
- He also has the right to seize not only physical property, but also the accounts of the alimony. If they have money, they are also sent to pay off the debt.
- If the debtor is hiding, the bailiff may announce his search.
- You can impose a ban on leaving the country and / or a temporary restriction of control.
Deadlines for filing bailiffs
You need to contact the bailiffs before the child reaches the age of 21, for whom alimony should have been paid. Up to the age of 18, the mother of the child (or any other representative with whom the child lives) should deal with this issue. After 18 years, the young man himself should apply to the bailiffs, however, it must be borne in mind that from the moment of majority, the limitation period begins to operate and if you do not appear at the Bailiffs Service before the age of 21, then it will not be possible to compensate for all the lost funds.
Alimony begins to accrue from the moment of applying to the court or drawing up an agreement between the parties. If by this time several years have already passed, then it will be almost impossible to receive alimony for the past period. The only option is to provide evidence that the applicant did not have the opportunity to deal with this issue for some good reason.
But if there is already an application for a court order or an agreement, then any delay automatically leads to the formation of debt, and now it continues to grow until the full compensation of payments. The statute of limitations does not apply in this situation.
Example: A person should pay child support, but does not. A debt is formed, which grows not only monthly, by the amount of regular payments, but also daily, by 0.5% of the debt (forfeit). In just 1 month of delay, the debt grows by about 15%, and for 1 year: by 15*12=180%. And this is provided that the increase in debt due to unpaid alimony is made separately.
How to determine the amount of alimony through bailiffs
Bailiffs do not determine the amount of alimony. The maximum that they can do is to calculate the debt that was formed at the time of the appeal. In other cases, the amount of alimony is determined by the court or indicated in the agreement of the parties. There are three main types of alimony:
- Percentage of income. The most common and most convenient way to calculate alimony, which is used most often for officially employed persons who receive a regular and relatively stable income. it is supposed to pay 25% of the amount, - 33%, for three or more - 50% of the income. In this case, the fact of which marriage the children are from does not matter.
- . This option involves the transfer by the payer of a strictly defined amount of alimony without reference to the income received. It is most often used in the event that it is not possible to clearly determine the income.
- Hybrid option. Includes the previous two options. Part of the amount of alimony depends on the amount of wages, and part is fixed. It is usually used when the payer receives profit from several sources.
Recovery of alimony through bailiffs
The collection of alimony from the non-payer is carried out in a strictly defined manner.
Procedure
- Draw up a child support agreement or obtain a court order for child support.
- If the payer refuses to fulfill his obligations, you can immediately go to the bailiffs.
- Write an application for the recovery of alimony.
- Pass it on to the bailiffs, receiving a second copy / copy with a note that the document has been accepted.
- Wait for the actions of the bailiffs. You can regularly find out at what stage the enforcement proceedings are at the moment.
Statement
Download a sample application for the recovery of alimony through bailiffsExpenses
For the filing of the above application, as well as for the performance of the bailiff's official duties, nothing additional is required to pay. However, if desired, the applicant can carry out search work at his own expense and provide the bailiff with all the information he needs. This will help to significantly reduce the collection period, although it is not mandatory.
What documents are needed for bailiffs for alimony
When submitting an application, a certain list of documents must be attached to it:
- Performance list.
- Court order.
- Judgment.
- Agreement between the parties on the payment of alimony.
- Applicant's passport.
- Child's birth certificate.
- Details of the account / card to which you want to transfer funds.
Depending on the situation, this list may be supplemented by other documents, but the basis is almost always the same.
The procedure for collecting alimony by bailiffs
How do bailiffs collect child support? What do they do for this and what does the whole procedure look like?
- The application is written in the name of the head of the Bailiff Service. He considers it and directs it to work. The final decision on whether enforcement proceedings will begin at all or not must be made no later than three days from the date of filing the application (Article 30 of the Federal Law “On Enforcement Proceedings”).
- The head forms an order and transfers it to the direct executor - the bailiff, who will deal with this issue.
- The bailiff is trying to get in touch with the debtor. If it works out, he makes an appointment at the office of the Service. If it does not work out, sends a notice by mail to a known address of residence/registration. The main goal: to notify about the situation that has arisen and try to resolve the issue peacefully.
- If the debtor did not respond to the notice / did not appear at the meeting and at the same time did not start paying alimony, the bailiff begins to collect information about him. Requests are formed and sent to banks, the traffic police, state property authorities and other structures that will help to understand what kind of property the alimony has and what his financial condition is.
As practice proves, at this stage, any vigorous activity stops. There are a lot of statements of this type, and very little attention is paid to them. If only simply because if a person deliberately and deliberately does not pay alimony, then most likely he has such a bad financial situation that there is nothing to take from him. And, as a rule, he does not have any property either. The child support recipient may try to take matters into their own hands and start bombarding the bailiff with additional statements:
- To be banned from leaving the country.
- To restrict the driving of vehicles.
- For attachment of property.
- To bring to justice and so on.
As a rule, this is more useful, since the bailiff receives specific requirements that he is quite capable of fulfilling. Moreover, he has no right not to fulfill them. Of course, all this is also not done very quickly, but with due perseverance, the payer will ultimately be limited in many ways. And this is in addition to the ever-growing debt and the amount of the penalty.
Example: The bailiff will receive an application for a driving ban. He forms a request to the traffic police. The police stop the defaulter's car and forbid him to use the rights (but do not take them away). This is where it all ends. Now, until the full repayment of the debt, the debtor formally does not have the right to enjoy the rights. If he violates this prohibition, he will pay a fine, but, again, no one will take away his rights. For most male defaulters, this measure is more than enough to quickly pay off debts.
Is it possible to change the bailiff for alimony
If, despite all the actions of the recipient of alimony, the bailiff still does not take any action, you can try to change it. It should be borne in mind that this can only be done if the bailiff grossly violates the requirements of the law. So, again, you have to wait.
All actions of the applicant begin and end with filing a complaint with the head of the Service or other higher authorities. Usually this is enough to make the bailiff move more intensively, but in fact they are rarely changed. Yes, and there is little point in this, since exactly the same bailiff sitting at the next table will still deal with the case.
Collecting alimony through bailiffs is the only legal option to achieve justice and receive all the due payments. Unfortunately, the SSP does not always work as well as we would like it to. In order to foresee all possible options in advance, contact our experienced lawyers for a free consultation. They will also help to collect documents, draw up an application, and if it is necessary to sue again, they will be able to represent the interests of the client in order to obtain the most beneficial solution.