Recovery of alimony debt. What to do if you have a large child support debt
Dear visitors! Due to the fact that legal issues are individual, and the articles are for informational purposes only, we advise you to first of all use the services of a free legal advice. You can ask your question in this form or contact a lawyer via chat.
The appointment of alimony does not guarantee their regular receipt. The conditions for the payment of alimony are often violated, there is a possibility of termination of deductions, so you cannot be sure that your child will be provided with a certain amount of money every month until the age of majority. Problems arise due to temporary financial difficulties or unwillingness to make payments in the prescribed amounts and in accordance with the schedule. Failure to comply with the terms of the agreement leads to the formation of alimony arrears.
How to find out child support debt
In order to find out if there is any debt for alimony, you can use the Internet or contact the bailiff department.
On the Internet, alimony arrears can be found on the FSSP websites and on the Unified Portal of Public Services. Another way, namely, contacting the bailiffs, implies a direct appeal, a written appeal, or a phone call.
The legislation provides for the procedure for calculating and collecting funds for the maintenance of minors. In addition, the legislator ensured the protection of recipients of payments from possible risks.
The actions of the parties to legal relations are governed by the Law of the Russian Federation "On Enforcement Proceedings" and the provisions of the Family Code of the Russian Federation. In case of evasion from payment of alimony, the payer bears criminal responsibility in accordance with the Criminal Code of the Russian Federation. For violation current legislation fairly severe punishment.
When a debt for alimony appears, an analysis is carried out aimed at finding out the reasons for its formation. Based on the results obtained, a decision is made.
The most common reasons for child support arrears include:
- deliberate evasion of payments;
- the inability to make deductions for family reasons, as well as in connection with health problems or the lack of a steady income;
- an error made in the accounting department of the enterprise when accruing deductions;
- refusal of the recipient from transfers or concealment by him of information about his location.
Timing
Exist special order, which determines the validity of the terms limitation period. It is displayed in the articles of the Family Code of the Russian Federation - Art. 107, art. 113. In accordance with the established rules, if alimony arrears arise due to violations committed by the payer, the application of the limitation period is impossible. In this case, you can demand payment of the debt not only until the child reaches the age of majority, but also after. As a result of going to court, it is possible to obtain total amount maintenance payments that should have been made over the past three years.
The duration of the limitation period depends on many factors and is calculated separately for each case.
Amount of child support owed
Child support payments can be calculated in several ways. The calculation is made by the bailiff service. The choice of a specific method is carried out depending on the form of payments. The willingness of the debtor to cooperate with the contractor is also taken into account.
When the payment of alimony is assigned by deducting a certain part of the income, the calculation of the amount of debt is made on the basis of information provided to the executors service (based on data on the sources from which the payer receives income, and data on the amount wages). If the necessary information is not provided, the bailiffs calculate the amount of the debt, taking into account the average salary in Russia.
When the payer is assigned the transfer of alimony in solid monetary terms, the amount of the debt is determined depending on the amount living wage, established in the region where the decision on the debt on maintenance payments is made.
Procedure for the recipient
The order of actions that must be taken in order to receive unpaid alimony depends to a large extent on how the debt was formed.
The receipt by the bailiff service of a court decision on the appointment of payments is the reason for opening enforcement proceedings. A document allowing such activities to be carried out -.
As part of the enforcement proceedings, it turns out what sources of income the payer has. Deductions from wages are made on the basis of a writ of execution sent to the main place of work.
If the debt appears in the course of enforcement proceedings and the reason for its formation is the transfer of the due amounts in an incomplete amount or in violation of the established deadlines, it is necessary to contact the person who conducts the enforcement proceedings - to bailiff.
The Law on Enforcement Proceedings gives the executor the right to exercise enforcement by seizing property, the value of which covers the amount of the debt, with its subsequent alienation. In addition, restrictions regarding leaving the country apply. When the executive service fails to achieve a positive result and the amount of debt increases, the recipient has the right to require the contractor to calculate the amount of alimony arrears.
After receiving the decision with the calculation, you need to file a claim with the Magistrate's Court in order to collect the debt. It may also be required to secure the payment of debt. A separate statement of this requirement in the form of a petition is possible. In the course of the trial, not only a decision can be made to recover the unpaid amount from the defendant, but also a decision to change the amount of alimony.
After receiving the decision of the court, the plaintiff must issue performance list, which will allow foreclosure on the defendant's income and property belonging to him (movable and immovable).
Procedure for the payer
In accordance with the Family Code of the Russian Federation, alimony is a mandatory payment. If the court has decided to pay them or the parties have entered into an agreement, the payer is obliged to comply with all conditions. Evasion of the payment of alimony without good reason is unacceptable. Violations can lead to many negative consequences.
In relation to the debtor, compulsory collection may be applied. It is not only his monetary assets and income. Revealed property, both movable and immovable, may be subject to seizure or appraisal with subsequent sale. The proceeds are used to pay off debts on alimony. A penalty for delay in obligations may be added to the amount of the debt.
In case of malicious evasion from the payment of alimony, the department of inquiry executive service initiates a criminal case against the debtor, guided by the Criminal Code of the Russian Federation (Article 157).
If the payer has objective reasons for terminating payments, or if there is a discrepancy between the calculated amount of debt and the level of his income, the debt can be written off (partially or completely) on the basis of Art. 114 of the Family Code of the Russian Federation.
If the amount of deductions that violates the rights of a citizen is determined, the payer has the right to challenge this decision in court. To accomplish this task, it is necessary to have an evidence base. For example, in the event that non-payment of alimony occurred due to illness or as a result of an injury that prevented work for some time, one must present the conclusion of the doctor who performed the treatment, or the corresponding certificate of MSEC.
When the payer, in addition to the child for whom the alimony is issued, has other children, and low earnings do not allow them to support, it is necessary to provide birth certificates for their children, obtain an extract from the place of residence showing the composition of the family, and a certificate of income, calculate the amount, necessary for their content.
The statement of claim, together with the evidence base, must be submitted to the Magistrate's Court, the decision made by the court - to the bailiff service, which has the case materials. The result of this process will be the receipt of a judicial act, which will allow you to adjust the amount of debt or write it off.
Alimony penalty
A penalty is a tool that motivates a debtor to repay a debt. It is calculated as a result of delay in the payment of alimony. The amount of the penalty is established by the Family Code of the Russian Federation (Article 115). It is 0.5%, accrued by court decision of the amount of debt for each day of delay.
Collection of alimony for the past period
There is a possibility of collecting the debt for the period preceding the consideration of the case in court. The Family Code of the Russian Federation (Article 107) allows such deductions to be made only if the plaintiff has proved that before applying to the court he tried to obtain alimony, and that an agreement on the maintenance of the child was not concluded.
When recovering, a prerequisite is the absence during the disputed period of any payments aimed at providing for the child by the defendant. At the same time, alimony payments are assigned for a period whose duration is not more than three years.
The presence of a court decision or agreements on the voluntary payment of maintenance is not an unconditional guarantee that the payer will perform the duties assigned to him in a timely manner, and the child will receive monthly support until the onset.
Personal unwillingness or life events may make it impossible to make payments either in full or in part. The result of even partial non-payment of obligations is the occurrence. The legislation provides comprehensive protection of the rights of collectors and children in respect of whom payments are made by developing an open debt collection procedure.
Each specific case of debt is subject to careful consideration by the court, because it is the degree of guilt of the payer that can affect the level of his punishment.
What are the reasons for debt
Child support arrears can occur as a result of:
- Deliberate evasion of payments;
- Inability to make payments due to a difficult financial situation, job loss or other circumstances;
- Unlawful transfer by the accounting department of an amount less than that reflected in the court decision or the order of the employee;
- Concealment of the place of actual residence, employment, own property;
- from their acceptance, etc.
Legislators have not defined a complete list of such circumstances, as a result of which, in each specific case, the court, out of inner conviction, decides on the degree of guilt.
Ways to prepare a debt calculation
The norms of the current legislation provide for three ways to calculate the debt for maintenance payments:
- The basis of calculation is the level of the subsistence minimum, which is established in each individual region;
- The average level of wages in the entire state is taken as the basis for calculation;
- The payer's income is used as the calculation base.
Using the first method, the obligations established are calculated. The amount of alimony that must be paid each month will be a multiple of the living wage. This indicator can be changed quarterly, which is why the bailiff is required to update the calculation every three months. Timely paid alimony is subject to conduct.
The second method is applicable when the payer has no official income, as well as if he is engaged and does not provide the bailiff with documents confirming his financial condition.
The calculation of the amount of the total debt is carried out according to the third method when the debtor has a regular income, however, due to personal reluctance, he does not transfer funds to the child.
Types of applicable liability
Partial or complete non-fulfillment of obligations is the reason for the emergence of debt and the application to the guilty party of certain rules governing his responsibility. The type of liability that can be applied to him depends on what degree of guilt underlies the debtor's inaction.
Debtors are subject to:
Actions of the recipient for the collection of debts
Those actions that need to be taken by the recoverer to receive the amounts that have become maintenance debts are directly dependent on the method of debt formation itself. After the writ of execution arrives at the bailiffs, an enforcement proceeding is opened, designed to ensure a full and comprehensive decision of the court. If a debt arises in this process, the recipient is vested with the right to apply to a bailiff, who, in turn, can apply enforcement measures to the non-payer.
In the event that the actions of the performer do not bring any results, the recipient has the right to send a claim to the Magistrate's Court for the collection of debt, to which to attach the calculation of the debt prepared by the bailiff.
In order to secure one's own claims, a petition for securing a claim can be sent to the court. In this document, you can ask for a restriction on the rights of the debtor, the seizure of what he owns, the imposition of additional punishment.
The decision rendered by the court is the basis for extradition deadlines writ of execution, which must subsequently be sent to bailiffs.
In the event that after that the debt is not repaid, you can contact the police with a statement about bringing the non-payer to criminal liability. The police do not always actively respond to such statements, so do not forget about your right to file a complaint about police inaction with the prosecutor's office. A prerequisite for initiating a criminal case is the presence of a court decision on the establishment of alimony. Failure to comply with the agreement on payments cannot be the basis for the application of the norms of criminal law.
The recipient of maintenance payments can initiate a case against a common child within the framework of the trial, substantiating his claims precisely by the complete absence of any provision for the child.
Both the bailiff and the exactor himself may apply to the court for deprivation of the obligated person. This type of punishment is a novelty of the legislation, but it promises to be a good incentive for timely payment of alimony, because the court can be held accountable even for a debt of 10 thousand rubles.
Required documents
Copies of the following must be sent to the court along with the claim:
- Court decision or agreement, as a result of which the debt arose as a result of non-performance;
- Calculation of the debt that was fulfilled by the bailiff;
- Documents confirming material and property status debtor.
One copy of the claim, together with a package of documents, is sent to the court for transfer to the defendant.
Possibility of recovering funds for past periods
By general rule, the collection of alimony is carried out from the date of the actual appeal of the recoverer to the court or from the date of signing the agreement. SC allows you to produce in judicial order in the event that the plaintiff took the steps necessary to obtain alimony, but they did not bring the desired results.
Also, the plaintiff must prove the absence of any maintenance of the child for the contested period. Recovery can be carried out within the three-year limitation period.
Unfortunately, the most actual problem in enforcement proceedings - the formation of debt on obligations. According to statistics, about 30 percent of total Alimony payers take their time with their money for various reasons. As a result, they become indebted (in some cases overall size debt amounts to several hundred thousand rubles).
The question arises as to whether it is possible to recover alimony arrears, and how to properly carry out this procedure. Contrary to the opinion of alimony payers, maintenance debts cannot be underestimated, they are often evaluated even more seriously than loan obligations.
According to the norms of Article 111 of the Federal Law on Enforcement Proceedings, the payment of alimony is considered a priority in comparison with other obligations. In addition, for failure to fulfill such an obligation, the alimony payer will have to pay a penalty, the amount of which is 0.5 percent of the total debt for each day of delay.
It is worth remembering that non-payment of alimony can result in not only material problems for the payer (for example, seizure of property or bank cards), but also personal troubles. In particular, for failure to fulfill such an obligation, a citizen may:
- Go to corrective work.
- Go to do required work.
- Be arrested as part of or production.
As practice shows, in last years the effectiveness of the application of measures to influence debtors has increased significantly. This is due to a significant increase in the functions of bailiffs and the measures of responsibility they apply. For example, now a defaulter can not only pay with his property, but also will not be able to travel abroad, and if he accumulates a debt of 10,000 rubles or more, he will not be able to drive vehicles.
Expert opinion
Marina Bespalaya
In 2011 she graduated from the University of Internal Affairs with a degree in jurisprudence. In 2013, a master's degree course, specialty "lawyer". In 2010-2011 course at Portland state university(USA) at the Faculty of Criminal Law and Criminology. Since 2011 - a practicing lawyer.
According to part 2 of Art. 12 of the Federal Law No. 118 of July 21, 1997 "On bailiffs", in the performance of official activities, bailiffs - executors have the authority to seize the debtor's property, seize it and sell it in order to obtain money to cover the debt. This also applies to the payment of debts for alimony. Arrested can be any value, the cost of which will cover the debts.
How is child support debt formed?
According to the requirements of Article 211 of the Code of Civil Procedure, which contains a requirement for the payment of alimony, is subject to immediate execution. Such haste is connected, first of all, with the fact that a person acting as a recipient needs Money ah on your content. Most often, this party in the case is a minor child who, due to his age, is not able to provide for himself on his own.
According to the norms Russian legislation, the debt for the payment of alimony is formed already after one day from the moment the person received the decision to initiate enforcement proceedings from the bailiff in charge of this case.
If the claimant for some reason did not turn to the bailiffs, the alimony payer must remember that the absence of a valid enforcement proceeding cannot be a basis for refusing to fulfill alimony obligations.
It is worth remembering that, despite the fact that the recoverer is not entitled to independently hold the defaulter liable, he has the right to seek help from bailiffs at any time, without limiting himself to any time limits. Therefore, if from the moment the writ of execution was issued or the maintenance agreement was drawn up by the parties, the payer did not fulfill his obligations, the amount of his debt is accumulated. even despite the lack of production.
What to do if you owe child support
If the alimony payer already has a debt to pay alimony payments, then a lot may depend on the cause of such a debt.
- If the debt was formed through the fault of this citizen, then sooner or later he will have to pay the entire amount, otherwise various measures of responsibility may be applied to him. In this case, the fault of the alimony payer is obvious, since there are no life circumstances that prevent the fulfillment of obligations.
- The second situation is if the debt was formed in the absence of the payer's fault. In this case, he has the right to apply to the Magistrate's Court with statement of claim, which contains a requirement to reduce the amount of debt or complete exemption from its payment.
If a citizen has good reasons for non-fulfillment of an obligation and has all the documents confirming this circumstance, he has every right to apply for partial or full exemption from debt. However, a positive decision in this case does not release him from fulfilling his obligations - the parent will have to pay alimony until the child reaches the age of majority.
If there are no good reasons
If the alimony payer does not have valid reasons that he could refer to as the basis for the appearance of a debt, he must immediately take measures to pay off the debt. In this case, a citizen must adhere to several rules:
- In no case should you hide from the bailiffs or the exactor, this rule must be followed regardless of life circumstances. According to the law, the concealment of the debtor, as well as the failure to provide information about the place of his permanent residence and work, is considered the basis for declaring this citizen on the executive wanted list, which, in turn, can become a reason for identifying signs of “malicious evasion” and applying criminal liability measures to the perpetrator.
- It is important to get into personal contact with the bailiff, for which you just need to call or visit him on the reception day. Compliance with this rule is required so that the bailiff has the opportunity to personally take an explanatory note, due to which circumstances the debt was formed.
- Another important point is to ask the bailiff in charge of the case for a decision with the calculation of the debt. This document clearly reflects the amount of debt that needs to be repaid.
If the debtor does not agree with the invoiced amount, he has legal right challenge the information on the debt specified in the decision.
What should bailiffs do to collect a debt
If the debt for the payment of alimony exceeds 10,000 rubles, the bailiff has the right to take actions aimed at bringing the defaulter to justice. In particular, he has the right:
- Make a decision by which the guilty person will be prohibited from traveling outside the Russian Federation.
- Issue a document on a temporary ban for the use of a special right by a non-payer (most often - deprivation driving license, unless, of course, the debtor has this document).
- Make inquiries to various structures and departments. The purpose of such requests is to establish the property and social status of the non-payer.
- The last way to force the non-payer to repay the debt is to issue a decision to foreclose on the funds and property of the alimony payer.
Accordingly, if the payer owns or has property, he may lose them after the commencement of enforcement proceedings. Therefore, it is in the interests of such a debtor to pay off debts in order to avoid other procedures aimed at infringing on his personal and property rights.
Administrative punishment
If the actions of the bailiff to pay the debt on alimony are not enough, the debt can grow several times and amount to a significant amount. At this stage, the official may hold the perpetrator liable under Article 5.35.1 of the Code of Administrative Offences, in particular:
- Twice to warn the non-payer that measures of administrative responsibility may be applied to him.
- If the debtor does not react in any way to warnings, he may be involved in the performance of compulsory works.
If the alimony payer finds himself in such a situation, he must immediately contact the bailiff with a written request for the opportunity to partially repay the debt.
Is partial payment of alimony debt allowed?
It is possible to partially repay the debt for alimony only in a few cases specified in the legislative level, among which:
- The debtor does not have property on which the bailiff can foreclose or similar funds in bank accounts. The same rule applies to unemployed payers. In this case, the citizen has the right to partial repayment debt along with monthly payments, with the obligatory preservation of the transfer receipt. Periodically, he will have to face the bailiffs.
- If the debtor gets a formal job with low wages. In this case, the law provides for a monthly withholding of funds as alimony in the amount of not more than 70 percent of wages actually accrued after payment of taxes.
How to get child support payments
How to achieve payment of alimony arrears if the alimony payer does not want to make concessions and pay money? First of all, it is worth remembering that the entire procedure for collecting funds from the debtor is the duty of the bailiff. That is, on its own, the recipient of funds is not entitled to perform any actions that may induce the other party to make payments to pay off the debt.
Therefore, after receiving a writ of execution, the recoverer needs to contact the Federal Bailiff Service and initiate the commencement of enforcement proceedings in order to obtain a debt from the alimony payer. If there are no payments at all, then after a while you need to contact your bailiff and inform him about this situation in order to open a case.
Informing the bailiff about the presence of a debt can be done in several ways:
- The easiest option is to visit the bailiff on the reception day in order to report in writing or orally about the resulting alimony debt. In this case, the recoverer will have the opportunity to personally receive an answer to the question of what measures will be taken against the non-payer.
- If the bailiff, for some reason, did not take any action to obtain funds for alimony from the payer, the recoverer has the right to contact him again, with the requirement to familiarize himself with the materials of the enforcement proceedings.
When familiarizing yourself with the case materials, special attention should be paid to the work with documents that the bailiff carried out in order to defeat the defaulter to repay all alimony debts. If, during such an audit, the claimant sees that exhaustive work has been carried out, then all that remains for him to do is to wait for the results.
If the recipient sees that the bailiff will not fulfill his duties, for example, in the case file there are no requests and decisions containing measures applied to the debtor, the citizen has the right:
- Draw up a petition for the application of liability measures to the debtor.
- Notify the bailiff of the possibility of filing a complaint about his inaction to the higher management, to the court or.
Is it possible to get a penalty if the debt is paid off
According to the norms of Article 115 of the Family Code of the Russian Federation, in the event of an arrears in the payment of alimony, the recoverer can not only wait for the measures taken by the bailiffs, but also independently take measures of responsibility in relation to the non-payer. In particular, the recipient may demand payment of a penalty for each day of delay in the fulfillment of maintenance obligations, in the form of 0.5 percent of the total debt.
A penalty is a penalty for late payments, so the right to apply such a measure of responsibility remains even in the event of an unexpected repayment of the debt. To get this money, you need to stick to next order actions:
- You need to file an application with the Supreme Court. The claim is filed in Judicial authority, located at the place of permanent residence of the defendant or plaintiff (the choice is made by the applicant).
- Pay state duty not required in such a case.
- It is imperative to attach to the claim a decision of the bailiff confirming the existence of a debt to fulfill maintenance obligations, as well as the calculation of the amount of the penalty (performed by the plaintiff independently).
Ways to track debt repayment
The payer and the recoverer can check the fact of debt repayment using special websites or portals. You can do this in several ways:
- Through the website of the bailiffs. To do this, just go to the site, select the "Data Bank of Enforcement Proceedings" tab, and enter the debtor's data - his full name, date of birth.
The debtor can use this service to pay the debt online, all that is required is a bank card. - Portal of the State Service. To obtain information, you must specify the number of enforcement proceedings. The answer comes within 5 days Personal Area on the portal.
- Social media
Collection of alimony arrears is the only way to get them if the payer has firmly decided not to pay.
It is important to know: the court does not deal with the collection of debts for alimony. Collecting debts is a duty Federal Service bailiffs. The court determines what proportion of income the payer must pay in the form of alimony. This terminates the participation of the court in the case. The writ of execution is transferred to the bailiff service, which takes measures to ensure that the debtor pays alimony.
How is child support owed?
Part 1 of Article 80 of the Family Code of the Russian Federation established that parents are obliged to support their minor children. It doesn't matter if the child's parents are married or not. As long as the mother and father live as a family, there are no problems with the maintenance of the child.
After a divorce, when the child stays with one of the parents, the other parent leaves the family. But the obligation to support the child does not disappear anywhere. That is why there is an obligation to pay alimony. If the alimony payer does not pay, then alimony debt arises.
It is important to know: alimony arrears and alimony collection for the past period are two different things. Recovery of alimony debt is possible when the payer does not pay, although there is either a court decision that has entered into force or an agreement on the payment of alimony. Recovery of alimony for the past period is when the recipient of alimony did not apply for alimony for some time, although he had the right to do so.
The most common reasons for non-payment of child support:
- the payer deliberately does not pay, evades;
- he really simply has nothing to pay with (no job, sick and not working);
- the accounting department of the company where the payer works made a mistake in calculating payments.
It is important to know: a writ of execution is a document that is submitted to the bailiff service. It is in accordance with these documents that the collection of debts for alimony is carried out. In the case we are considering, there are 3 documents that have the force of a writ of execution: a notarized agreement on the payment of alimony, a court order (what is a court order to recover alimony) and the most common case is the writ of execution itself, issued in court after the decision on the payment of alimony will take effect.
Methods for calculating alimony arrears
The amount of debt is calculated bailiff in accordance with the decision of the court (part 3 of article 113 of the RF IC). The procedure for calculating child support depends on several factors.
If the payer works, he has a stable income, and the amount of this income is known:
In such cases, the court decides to collect a share of earnings.
Example
The alimony payer earns 40,000 rubles a month. Alimony was appointed from January 1, 2015 in the form of 25% of earnings. The payer does not pay. Then on September 30, 2015 the calculations will be as follows:
- 40,000 - 13% \u003d 34,800 rubles - the payer's income after tax;
- 34,800 x 0.25 = 8,700 - monthly payment for alimony;
- 8,700 x 9 (number of months of delay) = 78,300 rubles of debt.
If the payer's income is unknown:
Such a situation can arise for various reasons, and the procedure for calculating alimony arrears is as follows: the average salary in Russia is taken, multiplied by the share of the debtor's income that he must pay, multiplied by the number of "overdue" months.
Example
The payer must pay 33% of earnings from March 1, 2015. The payer's income is unknown, he does not pay. average salary in Russia - 33,357 rubles per month. Debt calculation as of December 31, 2015:
- 33,357 x 0.33 = 11,007.81 rubles must be paid every month by the alimony payer;
- 11,007.81 x 10 (months) = 110,078.1 rubles is alimony arrears.
If alimony is collected in hard sum of money regardless of the income of the payer:
The court may order the alimony payer to pay them in a fixed amount of money, and not as a percentage of earnings. A fixed amount of money is set as a multiple of the subsistence minimum - 1 subsistence minimum, 1.5 subsistence minimum, 1.25 subsistence minimum, and so on.
Example
Alimony is collected in a fixed amount of money from January 1, 2015. The payment is 1.25 living wages, which is 9,662 rubles in Russia. The payer does not pay. On September 30, the bailiff makes calculations of the debt.
- 9,662 x 1.25 = 12,077.5 rubles is a monthly payment.
- 12,077.5 x 9 (months of delay) = 108,697.5 rubles of debt.
What if the debtor does not pay child support?
In general, seeking payments is the job of bailiffs. The court decision determines the amount of alimony. And the “correct and timely execution of judicial acts” (Article 2 of the Federal Law “On Enforcement Proceedings”) is the task of enforcement proceedings.
The legal requirements of the bailiff-executor are subject to strict execution (Article 6 of the Federal Law "On Enforcement Proceedings").
If the debtor does not pay alimony, then the bailiff applies enforcement measures to collect the debt on alimony (Article 68 of the Federal Law “On Enforcement Proceedings”). This article contains 13 enforcement measures, but only the following are important:
- recovery of the debtor's property, especially his money, valuable papers, wages;
- recovery of property rights of the debtor (for example, the debtor rents out his apartment and receives rent. Bailiff has the right to collect this fee);
- seize the debtor's property, but this requires a separate court decision.
It is important to know: the most serious enforcement measure is foreclosure on the debtor's property. A whole separate chapter of the Federal Law "On Enforcement Proceedings" - the eighth - is devoted to this.
After foreclosure on the property is the sale of this property. The proceeds go to the account of the bailiff division. Then, within 5 days, this money is transferred to the recipient of alimony (Article 110 of the Federal Law “On Enforcement Proceedings”).
Liability for non-payment of alimony
A lot of nonsense has been written about this. For example, that temporary restrictions on travel outside Russia is an administrative responsibility. Or that the seizure of property is an administrative responsibility. In fact, these are executive actions (Article 64 of the Federal Law “On Enforcement Proceedings”).
Administrative responsibility for alimony:
It is provided for by one norm of the Code of Administrative Offenses - Article 17.14. Failure to comply with the legal requirements of the bailiff, providing false information about his income, hiding information about a new place of work, study, residence entails a fine from 1,000 rubles to 2,500 rubles.
Criminal liability for alimony:
This is the most serious kind of responsibility. If the payer does not pay, and the collection of debt on alimony does not lead to anything, then criminal liability arises. To be more precise, it arises when a parent “maliciously evades paying, by a court decision, funds for the maintenance of minor children” (Article 157 of the Criminal Code).
- if the defendant changes his place of residence on purpose so that he cannot be found;
- hides real income;
- does not pay child support for 4 months or more;
- is wanted by bailiffs;
- has warnings about criminal liability.
The most important thing in this article is to prove intent. That is, that the defendant really does not want to pay.
Civil liability for non-payment of alimony:
It arises from the first day of delay. Article 115 of the Family Code established that for one day of delay, the alimony payer must pay 0.5% of the penalty on the amount of the debt. But the obligation to pay a penalty arises only if the payer is guilty of non-payment. For example, if he was ill, was in the hospital, then the court will refuse to collect a penalty.
Why you need to contact a lawyer
Collecting any debt, including alimony debt, is a troublesome business. You don't have to rely too much on bailiffs. They are overwhelmed with work without alimony. Bailiffs sometimes have to be "customized".
In addition, it is easy to get confused in the logic of enforcement proceedings. And you must clearly understand what is happening.
The consultation is completely free and anonymous. Information you would like to keep private is protected federal law No. 152-FZ "On Personal Data".
Call, write a message in the form below or order back call. We will help you collect child support debt and provide your child with a decent standard of living.
It happens that spouses decide to divorce. If the family has minor children, then often this leads to the need to pay alimony. The right to receive these payments is assigned to the parent who lives with the children.
The amount of alimony directly depends on the official income of the payer (the list of incomes that are taken into account when calculating the amount of alimony is recorded in Decree of the Government of the Russian Federation No. 841 of 07/18/96). Usually, 25% of income is deducted for one child, 33% for 2 children, and 50% for 3 children.
Sometimes these amounts are subject to change. If the payer receives a very large income, then the share of the deduction is reduced (with the motivation "the amount of payments significantly exceeds the real needs of the child"). If the income of the payer is low, then the amount of payments is increased to protect the interests of the child.
The deduction of alimony itself occurs on the basis of one of the following documents:
- court decisions;
- court order;
- a notarized agreement between the parents.
It happens that the payer of alimony evades from fulfilling his obligations. Then the question arises, how to collect alimony debt.
The first body where you should go, wanting to resolve the issue of collecting debts for alimony, is the executive service. In order to initiate the procedure for collecting alimony arrears, you will have to write an appropriate application (it is advisable to get a copy of it with a note on the date it was accepted) and attach a copy of the document on the basis of which the alimony was accrued.
The result will be that the debtor will be handed a copy of the decision of the executive service and an agenda for explanatory events. If this does not help to collect alimony arrears, then the bailiffs will begin a forced collection and at the same time establish the financial situation of the debtor.
For this, inquiries will be made in such instances as:
- tax office;
- Pension Fund;
- bodies of state registration of rights to real estate;
- traffic police.
First of all, attention is paid to the most liquid property (bank accounts, deposits, bank cells). With the help of these assets, it is easiest to pay off child support debt.
In the event that the bailiffs do not have data on the whereabouts of the debtor, they put him on the wanted list within 3 days to collect the necessary payments.
To expedite the collection of alimony, it makes sense to send a bailiff a statement indicating the possible location of the non-payer (it is written in any form). If you mention in this document information received from third parties, then be sure to obtain their consent to its reflection in the application (it is possible that in the future the bailiff will want to receive additional data from them). It is also advisable to register this application, keeping a copy of the document.
Sometimes the appeal to bailiffs does not bring the desired results.
Debt collection for alimony can be delayed for several reasons:
- the defaulter effectively evades contact with the authorities, and the bailiff lacks the experience to track him down;
- a specific bailiff is overloaded with work and cannot devote enough time to your case;
- bailiff deliberately inactive (most often after receiving a bribe).
Two months later, the applicant, who did not receive allotted money, there is a reason for filing complaints in higher authorities who did not take action to recover.
Complaints are sent in the following order (in case each of the instances does not take proper measures):
- senior bailiff;
- chief bailiff of the subject of the Russian Federation;
- chief bailiff of the Russian Federation.
Note!
If the case was "lowered on the brakes" at the level of the senior bailiff, then now it is already worth filing two complaints with the chief bailiff: the initial one and against the senior bailiff. The next step is to file three complaints with the chief bailiff of the Russian Federation (a complaint against the chief bailiff of a constituent entity of the Russian Federation is added).
Time goes by - debt grows
A good way to stimulate the collection of alimony is to remind the payer that a penalty will be charged on the debt. The amount of the penalty is 0.5% of the debt per day. In case of long-term non-payment, the basis for calculating the penalty increases daily.
For example, if monthly amount alimony is 4000 rubles, then (4000 * 31) * 0.5% = 620 rubles of interest will be charged on the debt for January. For February, the penalty should already be calculated using the formula (8000 * 28) * 0.5% = 1120 rubles. For two months, the total fine will amount to 1,740 rubles, and the recipient of alimony can demand its collection along with the usual payments for the maintenance of the child
If alimony is paid only partially, then the amount of underpayment is considered as a debt. It will be the basis for calculating and collecting penalties.
Note!
There is no statute of limitations on alimony payments. This debt can be received even after the child becomes an adult.
At the same time, it should be borne in mind that the court may recognize the objective impossibility of paying alimony (in case of a serious illness of the debtor or leave at work without paying wages by decision of the employer). In this case, it is also impossible to collect a penalty.
Non-paying criminals
Unpaid alimony arrears can transfer the non-payer into the category of "malicious". In this case, the actions of such a parent fall under Art. 157 of the Criminal Code of the Russian Federation. It should be borne in mind that this option is possible only when alimony has been assigned court decision. In the case of a notarial agreement, liability for overdue alimony debts is regulated by the agreement itself.
The basis for classifying non-payment as “malicious” may be:
- change of residence to avoid contacts with bailiffs;
- false underestimation of own income;
- non-payment of alimony within 9 months;
- ignoring the bailiff's warning.