Debt collection for child support. What to do if a large debt on child support
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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 until the age of majority your child will be provided with a certain amount of money every month. Problems arise due to temporary financial difficulties or unwillingness to make payments in established amounts and in accordance with the schedule. Failure to comply with the terms of the agreement leads to the formation of debt on alimony.
How to find out child support debt
In order to find out if there is any debt for child support, you can use the Internet or contact the bailiff department.
On the Internet, child support debt can be found on the FSSP websites and on the Unified Portal of Public Services. Another way, namely, the appeal to the bailiffs implies a direct appeal, a written appeal, or a phone call.
The legislation provides for the procedure for calculating and recovering funds for the maintenance of minors. In addition, the legislator ensured the protection of payees from possible risks.
The actions of the parties to legal relations are regulated 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 of child support, the payer is criminally liable in accordance with the Criminal Code of the Russian Federation. For violation of applicable law provides a fairly severe punishment.
When a debt for alimony appears, an analysis is made aimed at finding out the reasons for its formation. Based on the results, a specific decision is made.
The most common causes of child support debt include:
- deliberate evasion of payments;
- the inability to make deductions for family reasons, as well as in connection with health problems or lack of regular income;
- a mistake made in the accounting department of the enterprise when calculating deductions;
- the recipient's refusal to transfer or his concealment of information about his location.
The timing
There is a special procedure for determining the effect of limitation periods. It is displayed in the articles of the Family Code of the Russian Federation - Art. 107, Art. 113. In accordance with the established rules, in case of arrears of alimony due to violations committed by the payer, the limitation of actions is impossible. In this case, it is possible to 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 receive the total amount of alimony payments that should have been made over the past three years.
The length of the limitation period depends on many factors and is calculated separately for each case.
Amount of Alimony Debt
The amount owed on alimony 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 payment. Also takes into account the willingness of the debtor to cooperate with the contractor.
When the payment of alimony is assigned by deducting a certain part of the income, the amount of the debt is calculated based on information provided to the service of the executors (based on data on the sources from which the payer receives income and data on the amount of wages). If the necessary information is not provided, the bailiffs calculate the amount of debt taking into account the average salary in Russia.
When the payer is assigned the transfer of alimony in hard monetary terms, the amount of the debt is determined depending on the size of the subsistence minimum established in the region where the decision on the arrears of maintenance payments is made.
Procedure for the recipient
The order of actions that must be taken in order to receive unpaid alimony largely depends on how the debt was formed.
The receipt by the bailiff service of a court decision on the purpose of payments is the reason for the opening of enforcement proceedings. A document permitting such activities.
As part of the enforcement proceedings, it becomes clear what sources of income the payer has. Salary deductions 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 prescribed amounts in an incomplete amount or in violation of the established deadlines, you must contact the person who conducts the enforcement proceedings - the bailiff.
The Law on Enforcement Proceedings gives the performer the right to enforce the collection by seizing property, the value of which covers the amount of the debt, with its subsequent alienation. In addition, restrictions on 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 debt for alimony.
After receiving the decision with the calculation, you need to file a lawsuit in a magistrate’s court with a view to recovering the debt. It may also be required to provide for the payment of arrears. A separate statement of this requirement in the form of an application is possible. During 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 a court decision, the plaintiff must issue a writ of execution, which will allow the execution to be levied on the income of the defendant and his property (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 required to fulfill all conditions. Evasion of child support without valid reasons is unacceptable. Violations can lead to many negative consequences.
Compulsory collection may be applied to the debtor. Not only its monetary assets and incomes are subject to seizure. Identified property, both movable and immovable, may be arrested or evaluated, followed by sale. The proceeds are used to pay off child support debt. To the amount of debt may be added a penalty for late obligations.
In case of malicious evasion of the payment of alimony, the inquiry department of the 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 the termination of payments or there is a discrepancy between the calculated amount of the 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 is determined that violates the rights of a citizen, the payer has the right to challenge this decision in court. To implement such a task, it is necessary to have an evidence base. For example, in the case when the non-payment of alimony occurred due to an illness or as a result of an injury that for some time did not allow work, the conclusion of the doctor who performed the treatment or the corresponding certificate of MSEC must be presented.
When the payer has other children in addition to the child on whom the alimony is issued, and small earnings do not allow them to be maintained, it is necessary to provide birth certificates for their children, obtain a statement of residence indicating the composition of the family, and a certificate of income, calculate the amount necessary for their maintenance.
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 a judicial act that will allow you to adjust the amount of debt or write it off.
Child support penalty
Penalty - a tool that motivates a debtor to pay off a debt. It accrues as a result of delays 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 a debt for the period preceding the consideration of the case in court. The Family Code of the Russian Federation (Article 107) is allowed to make such deductions only if the plaintiff proved that he had tried to receive alimony before going to court and that no agreement on child support was concluded.
Upon collection, a prerequisite is the absence in the contested period of any payments aimed at providing the child from the defendant. At the same time, alimony payments are assigned for a period of not more than three years.
The presence of a court decision or arrangements for the voluntary payment of maintenance is not an unconditional guarantee that the payer will timely fulfill his duties and that the child will receive monthly security before the onset.
Personal reluctance or life events can make it impossible to make payments 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 claimants and children in respect of which payments are made by developing an open debt collection procedure.
Each specific case of a debt is subject to careful consideration by the court, because it is precisely the degree of fault of the payer that can affect the level of his punishment.
For what reasons debts may arise
Debt arising from the payment of alimony may occur as a result of:
- Deliberate evasion of payments;
- Inability to make payments related to difficult financial situation, job loss or other circumstances;
- Illegal transfer by the accounting department of an amount less than reflected in the court decision or order of the employee;
- Concealment of the place of actual residence, employment, own property;
- from their adoption, etc.
Legislators did not determine the complete list of such circumstances, as a result of which, in each case, the court, by internal conviction, decides on the degree of guilt.
Methods for preparing a debt calculation
The norms of the current legislation provide for three ways to calculate the debt for maintenance payments:
- The calculation basis is the level of the living wage, which is set in each individual region;
- The calculation base is the average wage in the entire state;
- The payer income is used for the calculation base.
Using the first method, the calculation of obligations established. The amount of alimony to be paid each month will be a multiple of the cost of living. This indicator can be changed once a quarter, which is why the bailiff is obliged to update the calculation every three months. Timely paid alimony is due.
The second method is applicable when the payer does not have official income, just as if he is engaged and does not provide the bailiff with documents confirming his financial condition.
The calculation of the total debt is carried out according to the third method when the debtor has a steady income, but due to personal unwillingness does not transfer funds to the child.
Types of Applicable Responsibility
Partial or complete non-fulfillment of obligations is a reason for arising a debt and applying to a guilty certain rules governing his responsibility. The type of responsibility that can be applied to it depends on the degree of guilt underlying the inaction of the debtor.
The following applies to debtors:
Recipient actions for debt collection
Those actions that the collector needs to perform to receive the amounts that have become alimony debt are directly dependent on the method of debt formation itself. After the writ of enforcement arrives at the bailiffs, the enforcement proceedings are opened to ensure a complete and comprehensive court decision. If a debt arises in this process, the recipient is vested with the right to appeal to the bailiff, who, in turn, can apply enforcement measures to the non-payer.
In the event that the actions of the contractor do not bring any results, the recipient has the right to send a claim to the world court for debt collection, to which is attached the calculation of debt prepared by the bailiff.
In order to ensure their own requirements, a petition for securing a claim can be sent to the court. In this document, you can ask for a restriction in the rights of the debtor, seizure, which he owns, the appointment of additional punishment.
The decision made by the court is the basis for the issuance of a writ of execution in a timely manner, which should subsequently be sent to the bailiffs.
In the event that even after this the debt is not repaid, you can contact the police with a statement on bringing the defaulter 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. A prerequisite for initiating a criminal case is the existence of a court decision on the establishment of alimony. Failure to comply with the payment agreement cannot be the basis for the application of criminal law.
The recipient of the alimony payments may initiate a case regarding the common child in the framework of the judicial process, justifying his requirements with the complete absence of any provision for the child.
Both the bailiff and the exactor himself may apply to the court with a statement about the 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 payments of alimony, because the court can bring to justice even for a debt of 10 thousand rubles.
Required documents
Together with the lawsuit, copies must be sent to the court:
- Decisions of a court or agreement, as a result of which a debt arose;
- Calculation of the debt that was performed by the bailiff;
- Documents confirming the material and property status of the debtor.
One copy of the claim, together with a package of documents is sent to the court for transfer to the defendant.
The possibility of collecting funds for past periods
As a general rule, the collection of alimony is carried out from the date of the actual recoverer to the court or from the date of signing the agreement. SK allows you to make a judicial proceeding in the event that the plaintiff took the steps necessary to receive alimony, but they did not bring the desired results.
Also, the plaintiff must prove the absence of any child support for the disputed period. The collection can be carried out within the three-year limitation period.
Unfortunately, the most urgent problem in enforcement proceedings is the formation of debt on obligations. According to statistics, approximately 30 percent of the total number of alimony payers are in no hurry with their money for various reasons. As a result, they are in arrears (in some cases, the total amount of debt is several hundred thousand rubles).
The question arises as to whether debt collection for child support is possible, and how to properly implement this procedure. Contrary to the opinion of alimony payers, debts on alimony payments cannot be underestimated, they are often evaluated even more seriously than loan obligations.
According to the provisions of Article 111 of the Federal Law on Enforcement Proceedings, the payment of alimony is considered priority in comparison with other obligations. In addition, for failure to fulfill such an obligation, the alimony 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 the payer not only financial problems (for example, the seizure of property or bank cards), but also personal troubles. In particular, for failure to fulfill such an obligation, a citizen may:
- Go to correctional work.
- Go to the performance of required work.
- To be arrested in frames or proceedings.
As practice shows, in recent years, the effectiveness 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 applied by them. For example, now the non-payer can not only pay with his property, but also can not go abroad, and if the debt accumulates from 10,000 rubles, 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 law. In 2013, a magistracy course, specialty "lawyer". In the 2010-2011 course at Portland State University (USA) at the Department of Criminal Law and Criminology. Since 2011 - practicing lawyer.
According to part 2 of article 12 of the Federal Law No. 118 of July 21, 1997 "On Bailiffs", in the performance of their duties, bailiffs-executors have the authority to seize the debtor's property, seize it and sell it in order to receive money to cover the debt. This also applies to the payment of alimony debts. Any values \u200b\u200bmay be arrested, the value of which will allow to cover debts.
How do maintenance payments debt form?
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 a rush is associated primarily with the fact that a person acting as a recipient needs funds for his maintenance. Most often, this party in the case is a minor child who, due to his age, is not able to provide for himself.
According to the norms of Russian law, the debt for the payment of alimony is formed after one day from the moment the person received the decision to initiate enforcement proceedings from the bailiff conducting this case.
If the claimant for some reason did not turn to the bailiffs, the alimony must remember that the absence of a valid enforcement procedure cannot be the basis for refusing to fulfill alimony obligations.
It is worth remembering that, despite the fact that the recoverer does not have the right to independently bring the defaulter to justice, he has the right to turn to the bailiffs for help at any time, without limiting himself to any deadlines. Consequently, if from the moment of the execution of the writ of execution or the parties draw up an alimony agreement, the payer has not fulfilled his obligations, the amount of his debt is accumulated. even despite the lack of production.
What to do if a child support debt has formed
If an alimony payer already has arrears in the payment of alimony payments, then a lot may depend on the reason for the occurrence 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 full amount, otherwise various measures of responsibility may be applied to him. In this case, the fault of the alimony payer is evident, since there are no life circumstances that impede the fulfillment of obligations.
- The second situation, if the debt was formed in the absence of fault of the payer. In this case, he has the right to apply to the magistrate’s court with a statement of claim, which contains a requirement to reduce the amount of debt or to completely exempt from paying it.
If a citizen has good reason for non-fulfillment of an obligation and has all the documents confirming this circumstance, he has every right to apply for a partial or full exemption from debt. However, a positive decision in this case does not exempt him from fulfilling his obligations - the parent will have to pay child support until the child reaches the age of majority.
If there are no good reasons
If the alimony does not have good reasons for which he could refer, as the basis for the appearance of 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 collector, this rule should be implemented regardless of life circumstances. According to the law, concealment of a debtor, as well as failure to provide information on the place of his permanent residence and work, is considered the basis for declaring this citizen on an executive wanted list, which, in turn, can become a reason for identifying signs of “malicious evasion” and application to the guilty criminal liability measures.
- It is important to make personal contact with the bailiff, for which it is enough just 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 what circumstances a debt has formed.
- Another important point is to ask the bailiff conducting the case for a resolution calculating the debt. This document clearly reflects the amount of debt to be paid.
If the debtor does not agree with the amount set, he has the legal right to challenge the information on the debt specified in the resolution.
What should bailiffs do to recover a debt
If the arrears in 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:
- To issue a decree which prohibits the guilty person from traveling outside the Russian Federation.
- Submit a document on a temporary ban on the use by a non-payer of a special right (most often - deprivation of a driver’s 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 defaulter.
- The last way to force the non-payer to pay off the debt is to issue a resolution on foreclosure on the funds and property of the alimony payer.
Accordingly, if the payer owns or has property, he can lose them after the start of enforcement proceedings. Therefore, in the interests of such a debtor is debt repayment 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 for alimony is not enough, the debt can grow several times and amount to a significant amount. At this stage, the official may hold the culprit accountable under Article 5.35.1 of the Code of Administrative Offenses, in particular:
- Two times to warn the non-payer that administrative measures can be applied to him.
- If the debtor does not respond to warnings in any way, he may be involved in the performance of mandatory work.
If the alimony payer finds himself in such a situation, he must immediately contact the bailiff with a written request about the possibility of partially repaying the debt.
Partial debt repayment on alimony allowed
Partial repayment of child support debt is possible only in a few cases stipulated at the legislative level, including:
- The debtor has no property to which the bailiff may recover or similar funds in bank accounts. The same rule applies to unemployed payers. In this case, the citizen has the right to partial repayment of the debt together with monthly payments, with the mandatory preservation of the transfer receipt. Periodically, he will have to bailiffs.
- If the debtor gets a formal job with a low wage. In this case, the law provides for the monthly deduction of funds as alimony in the amount of not more than 70 percent of the wages actually accrued after tax payments.
How to achieve debt support payments
How to achieve payment of debt on alimony if the alimony 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 responsibility of the bailiff. That is, the recipient of the funds is not entitled to perform any actions that may prompt the second party to make payments to pay off the debt.
Therefore, after receiving the writ of execution, the claimant needs to contact the Federal Service of Bailiffs and initiate the beginning of enforcement proceedings in order to receive debt from the alimony. If there are no payments at all, then after some time you need to contact your bailiff and inform him about this situation to open a case.
Informing the bailiff about the presence of debt can be done in several ways:
- The easiest option is to visit the bailiff on the reception day in order to inform you in writing or orally about the resulting debt to pay child support. In this case, the recoverer will have the opportunity to personally receive an answer to the question of exactly what measures will be taken against the defaulter.
- If the bailiff for some reason has not taken any action to receive funds from the payer for alimony, the collector 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 spent in order to defeat the non-payer to repay all debts on alimony. If, during such an inspection, the requiere sees that exhaustive work has been done, then all he has to do is wait for the results.
If the recipient sees that the bailiff will not fulfill their duties, for example, in the case files there are no requests and resolutions containing measures applicable to the debtor, the citizen has the right:
- Draw up a petition on the application of liability measures to the debtor.
- Notify the bailiff about the possibility of filing a complaint about his inaction to the higher management, the court or.
Is it possible to get a penalty if the debt is repaid
According to the norms of Article 115 of the Family Code of the Russian Federation, in the event of arrears in the payment of alimony, the collector can not only wait for the measures taken by the bailiffs, but also independently take measures of responsibility towards the non-payer. In particular, the recipient may demand the payment of a penalty for each day of delay in the performance of maintenance obligations, in the form of 0.5 percent of the total debt.
Forfeit is a penalty for late payments, therefore, the right to apply such a measure of responsibility remains with the unexpected repayment of debt. To get this money, you need to adhere to the following procedure:
- It is necessary to file an application with the magistrate court. The lawsuit is filed with a judicial authority located at the place of permanent residence of the defendant or plaintiff (the choice is made by the applicant).
- It is not required to pay the state fee when considering such a case.
- Be sure to attach to the lawsuit a resolution of the bailiff confirming the existence of a debt for the fulfillment of maintenance obligations, as well as the calculation of the amount of the penalty (performed by the plaintiff independently).
Ways to track debt repayments
The payer and the collector can verify the fact of paying off the debt using special sites or portals. There are several ways to do this:
- Through the site of bailiffs. To do this, just go to the site, select the tab “Bank of enforcement proceedings data”, and enter the data of the debtor - his name, date of birth.
Using this service, the debtor can pay the debt online, all that is required is a bank card. - Portal of public services. To obtain information you must specify the number of enforcement proceedings. The answer comes within 5 days to your account on the portal.
- Social networks
Debt collection on alimony is the only way to get it if the payer has firmly decided not to pay.
It is important to know: the court is not involved in collecting child support debt. Collecting debts is the responsibility of the Federal Bailiff Service. The court determines what share of the income the payer must pay in the form of alimony. At this, the court’s participation in the case is terminated. The writ of execution is handed over to the bailiff service, which takes measures to ensure that the debtor pays alimony.
How is child support debt formed?
Part 1 of Article 80 of the Family Code of the Russian Federation established that parents are required to support their minor children. And it doesn’t matter if the child’s parents are married or not. While the mother and father live in the family, there are no problems with the maintenance of the child.
After a divorce, when the child is left with one of the parents, the other parent leaves the family. But the obligation to support the child does not disappear. That is why the obligation to pay child support arises. If the payer of alimony does not pay, then arrears of alimony arise.
It is important to know: arrears of alimony and collection of alimony for the past period are two different things. Debt collection for alimony is possible when the payer does not pay, although there is either a court decision or an agreement on the payment of alimony that has entered into legal force. The collection of alimony for the past period is when the recipient of alimony for some time did not apply for alimony, although he had the right to do so.
The most common reasons for non-payment of alimony:
- the payer intentionally does not pay, evades;
- he really just has nothing to pay (no work, sick and does not work);
- 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 debt collection is supported on alimony. In the case we are considering, there are 3 documents that have the effect of a writ of execution: a notarized agreement on the payment of alimony, a court order (what is a judicial order to recover alimony) and the most common case is the writ of execution issued in court after the decision on payment of alimony will take effect.
Alimony Debt Calculation Methods
The amount of debt is calculated by the bailiff in accordance with the decision of the court (part 3 of article 113 of the RF IC). The order of calculation of alimony depends on several factors.
If the payer works, he has a stable income, and the size of this income is known:
In such cases, the court decides to recover the share of earnings.
Example
The alimony payer earns 40,000 rubles a month. Alimony is 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 - income of the payer after tax;
- 34 800 x 0.25 \u003d 8 700 - monthly payment of alimony;
- 8 700 x 9 (number of months of delay) \u003d 78 300 rubles of debt.
If the payer's income is unknown:
This situation may arise for various reasons, and the procedure for calculating child support debt is as follows: take the average salary in Russia, multiply by the share of the debtor's income that he must pay, multiply by the number of “overdue” months.
Example
The payer must pay 33% of earnings from March 1, 2015. The income of the payer is unknown, he does not pay. The average salary in Russia is 33,357 rubles per month. Debt calculation for December 31, 2015:
- 33 357 x 0.33 \u003d 11 007.81 rubles must be paid every month by the payer of alimony;
- 11 007.81 x 10 (months) \u003d 110 078.1 rubles is the debt on alimony.
If alimony is collected in a fixed amount of money, regardless of the income of the payer:
The court may oblige the payer of alimony to pay them in a fixed amount of money, and not as a percentage of earnings. A fixed sum of money is established as a multiple of the cost of living - 1 cost of living, 1.5 cost of living, 1.25 cost of living and so on.
Example
Alimony is recoverable in a solid amount 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 calculates the debt.
- 9 662 x 1.25 \u003d 12 077.5 rubles is a monthly payment.
- 12 077.5 x 9 (months of delay) \u003d 108 697.5 rubles of debt.
What to do if the debtor does not pay child support?
In general, to seek payments is the work 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 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 debts on alimony (Article 68 of the Federal Law “On Enforcement Proceedings”). This article contains 13 enforcement measures, but only the following are important:
- collection of property of the debtor, first of all, its money, securities, wages;
- recovery of property rights of the debtor (for example, the debtor rents his apartment and receives a rent. The 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 measure of enforcement is the collection of debtor property. This is the subject of a whole separate chapter of the Federal Law “On Enforcement Proceedings” - the eighth.
After foreclosure on the property is the sale of this property. The proceeds go to the account of the bailiff unit. Then, within 5 days, this money is transferred to the recipient of alimony (Article 110 of the Federal Law "On Enforcement Proceedings").
Responsibility for non-payment of alimony
A lot of nonsense has been written about this. For example, that temporary restrictions on leaving Russia for redistribution are an administrative responsibility. Or that the seizure of property is an administrative responsibility. In fact, these are enforcement actions (Article 64 of the Federal Law “On Enforcement Proceedings”).
Administrative liability for child support:
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 your income, hiding information about a new place of work, study, and residence shall result in a fine of 1,000 rubles to 2,500 rubles.
Criminal liability for alimony:
This is the most serious form of responsibility. If the payer does not pay, and collecting debt for child support does not lead to anything, then criminal liability arises. To be more precise, it arises when a parent “maliciously avoids payment of funds for the maintenance of minor children by court order” (article 157 of the Criminal Code).
- if the defendant changes his place of residence on purpose so that he is not found;
- hides real incomes;
- child support does not pay 4 months or more;
- is wanted by bailiffs;
- has warnings of 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 occurs from the first day of delay. Article 115 of the Family Code established that for one day of delay, the payer of alimony 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 would refuse to recover the penalty.
Why you need to contact a lawyer
Collecting any debt, including child support debt, is a troublesome business. Do not rely heavily on the 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 that you would like to keep secret is protected by Federal Law No. 152-FZ “On Personal Data”.
Call, write a message in the form below or request a call back. We will help you recover child support debt and provide your child with a decent standard of living.
It happens that the couple decide to divorce. If the family has minor children, then often this leads to the need to pay child support. 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 income that is 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). Typically, 25% of income is deducted per child, 33% for 2, and 50% for 3.
Sometimes these amounts are subject to change. If the payer receives a very large income, the share of the deduction is reduced (with the motivation “the size of payments significantly exceeds the real needs of the child”). If the payer's income is low, then the amount of payments increases to comply with the interests of the child.
The deduction of alimony itself takes place on the basis of one of the documents:
- court decisions;
- court order;
- notarized agreement between parents.
It happens that the payer of alimony evades fulfillment of his obligations. Then the question arises, how to recover the debt for alimony.
The first body to go to, wishing to resolve the issue of debt collection for child support, is the executive service. In order to initiate the debt collection process for alimony, you will have to write a statement (it is advisable to get a copy with a mark on the date when it was accepted) and attach a copy of the document on the basis of which the alimony was calculated.
The result will be that the debtor will be given a copy of the executive service decree and a summons for passing explanatory events. If this does not help to recover the debt for alimony, then the bailiffs will begin to collect the debt and at the same time establish the financial position of the debtor.
For this, inquiries will be made in such instances as:
- tax inspection;
- pension Fund;
- state registration authorities for real estate rights;
- STSI.
First of all, attention is paid to the most liquid assets (bank accounts, deposits, bank cells). Using these assets is the easiest way to pay off child support debt.
In the event that the bailiffs do not have data on the location of the debtor, then they put him on the wanted list within 3 days to recover the necessary payments.
In order to expedite the recovery of alimony, it makes sense to send a statement to the bailiff indicating the location of the defaulter (it is written in any form). If you mention information received from third parties in this document, you must secure their consent to be reflected 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 statement while keeping a copy of the document.
Sometimes an appeal to the bailiffs does not bring the desired results.
Alimony debt collection may be delayed for several reasons:
- the non-payer effectively evades contacts with the authorities, and the bailiff lacks experience to find him;
- a particular police officer is overloaded with work and cannot devote enough time to your business;
- the bailiff intentionally does nothing (most often after receiving a bribe).
Two months later, the applicant who has not received the required money has a reason to file complaints with higher authorities that have not taken measures to recover.
Complaints are sent in this order (in case each of the authorities does not take appropriate measures):
- senior bailiff;
- chief bailiff of the subject of the Russian Federation;
- chief Bailiff of the Russian Federation.
Note!
If the case was “put on the brakes” at the level of the senior bailiff, now it’s now worth filing two complaints to the main bailiff: the initial one and the senior bailiff. The next step is to submit three complaints to the main bailiff of the Russian Federation (a complaint is added to the main bailiff of the subject of the Russian Federation).
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. With long-term non-payment, the base for calculating interest increases daily.
For example, if the monthly amount of alimony is 4,000 rubles, then the debt for January will be charged (4,000 * 31) * 0.5% \u003d 620 penalties. For February, the penalty should already be calculated by the formula (8000 * 28) * 0.5% \u003d 1120 rubles. For two months, the total fine will amount to 1740 rubles and the recipient of the alimony may demand it 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 debt. It will be the basis for calculating and collecting penalties.
Note!
The recovery of a penalty for alimony has no statute of limitations. This debt can be obtained 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 vacation at work without payment of wages by decision of the employer). In this case, the collection of fines is impossible.
Criminal defaulters
Outstanding debt on alimony can translate the non-payer into the “malicious” category. In this case, the actions of such a parent fall under Art. 157 of the Criminal Code. It should be borne in mind that this option is possible only when child support was ordered by court decision. In the case of a notarial agreement, the liability for overdue alimony is regulated by the agreement itself.
The basis for classifying non-payment as “malicious” may be:
- change of residence to avoid contact with bailiffs;
- false understatement of own income;
- non-payment of alimony within 9 months;
- ignoring the bailiffs warning.