What to do if there is a large debt for alimony. How to pay off and pay alimony arrears through bailiffs

two-time written warning of the debtor about the offensive;
in the absence of a response to the warning in the form of a lack of payment of arrears, the application of a measure in the form of involvement in compulsory work.

Once in a similar situation, the debtor must contact the bailiff-executor with a written request (statement) about the possibility partial debt repayment.

Statement to bailiffs about the payment of arrears

To the territorial department of the UFSSP of the Soviet district of Bryansk
Bryansk, st. Duky, d. 59/1
Payer: Ivanets Dmitry Lvovich
Bryansk, st. Kostycheva, 18, apt. 4, tel. xx-xx-xx
Statement
According to the court order dated 06/26/2014, I am obliged to pay monthly maintenance payments in favor of Ivanets' daughter Milena Dmitrievna in the amount of 6,000 rubles. Due to the difficult financial situation in my new family in view of the birth of twins on 02/18/2016, I did not fully repay the alimony obligations to my daughter and have arrears in payments in the amount of 58,000 rubles. taking into account indexation in accordance with the decree on the calculation of debt dated December 28, 2017.
I am not hiding from the bailiff, I report that I am currently in search of a job, I am going to pay off the alimony debt as far as possible.
In view of the above, drawing attention to the fact that I have two underage young children, I ask you to recover from me the alimony debt in part, monthly, until it is fully repaid in an amount not exceeding 3,000 rubles. (together with the current alimony payments).
Application:
Copies of birth certificates of children:

Ivanets Lev Dmitrievich;
Ivanets Makar Dmitrievich.

01/29/2018 _____________ / signature /

Can a debt be paid in installments?

Partial repayment of the alimony debt occurs if:

The debtor does not have property that can be foreclosed or similar funds in open bank accounts and is. In such a situation, he has the right, along with monthly alimony payments, to partially repay the existing debt, keeping receipts for the transfer (payment) and periodically presenting them to the bailiff.
The debtor is officially employed at a place of work with a low wages: in this situation, the law provides for monthly withholding of current alimony, as well as a debt on them in an amount not exceeding (actually received) after tax withholding. It turns out that in this case 70% of the funds from the debtor will be withheld until full repayment debt (i.e., payment of debt is also implied in installments).

In some cases, in the presence of a large amount of alimony debt, the bailiff-executor may separate the existing debt into a separate enforcement proceeding - dividing the amount of debt into equal parts to be paid off.

Example. Debtor Dmitry P. had a monthly obligation to pay alimony in a fixed sum of 5,000 rubles. Through the fault of the defaulter, an alimony debt in the amount of 80,000 rubles was formed for him. When establishing Dmitry's whereabouts, as a result of the search executive measures, it turned out that he was not employed, that he had no property and funds to recover. The bailiff conducting the enforcement proceedings, taking an explanation from the debtor, separated the alimony debt into a separate proceeding. As a result, Dmitry is obliged to pay his ex-wife 10,000 rubles. monthly: 5,000 rubles. - current alimony payment + 5,000 rubles. - monthly partial debt repayment.

Such a measure is a kind of concession to defaulters, allowing to postpone the full payment of the debt without further application of sanctions and, in fact, is the only feasible way out of the situation for debtors in a difficult financial situation.

How to get the payment of alimony arrears

Each claimant of funds must understand that the process of collecting the alimony debt is the direct job responsibility of the bailiff-executor. The alimony recipient alone does not have any authority to induce the defaulter to pay the debt. Therefore, after receiving the appointment of alimony, it is best to contact the territorial department of the UFSSP at the place of residence of the payer for the purpose. In the event that alimony payments have ceased or have not been received at all, the recipient must, after a while, inform the bailiff in charge of the enforcement case.

You can inform the bailiff about the presence of debt as follows:

visiting a specialist on a visiting day and talking to him, verbally or in writing, informing him about the debt and taking appropriate measures to the “evader” to pay it off;
if measures were not taken by the bailiff, visit him a second time by writing a request for familiarization with the materials of the enforcement proceedings (in the manner of the law specified in Article 50 of the Federal Law No. 229).

When familiarizing yourself with the case, you should pay attention to the documentation work that the bailiff carried out in order to induce the defaulter to pay alimony. If the work done by the official is exhaustive, the claimant can only wait for its results.

If the proceedings were closed due to their execution, on the basis of a new application from the recipient about the non-receipt of funds, the official was obliged to resume it due to the formation of a debt.

In the event that his obligations to collect alimony are fully in place, and the case does not contain the necessary requests and decisions on the application of measures of responsibility to the debtor, the claimant has the right:

write about the application to the debtor of all possible measures to induce the repayment of the debt;
remind the official about the possibility of filing with the higher management or the court, if this does not affect the work official- to file a corresponding complaint in writing.

Is it possible to recover a forfeit for alimony if the debt is repaid

In addition to collecting the alimony debt through a bailiff, within the framework of Art. 115 of the RF IC, the claimant can take additional independent measures against the defaulter in the form of collecting alimony payments from him. The penalty is calculated in the ratio of 1/2 percent of total amount debt for each overdue day of payment (as a result, the penalty often reaches quite high amounts).

If the debt on alimony is unexpectedly paid off by the debtor, the right to collect the forfeit remains with the recipient, since the forfeit is a penalty for the delayed alimony payments (i.e. for the time that the recipient kept the child all alone, without the help of a person obliged by law to pay ).

The procedure for filing an application for the recovery of a forfeit:

Served to the magistrate's court at the place of residence of the claimant-recoverers or the defendant-non-payer (at the choice of the applicant).
Does not require payment of state fees from the plaintiff.
As attached documents, it is obligatory to attach decree bailiff about the presence of alimony debt and calculation of forfeit, executed by the plaintiff.

How to track debt repayment

Verify maintenance debt The payer and the claimant can be online on special sites, portals or in the application.

Myself debt settlement process unfortunately, it is not displayed in the form of a phased (or full) repayment of the amount of debt on the indicated sites. However, if the person initially knew the amount of the debt, then it is easy to calculate the amount by which it decreased.

Also, when paying off a debt (monthly or in another period agreed by the parties), the payer is not obliged to provide payment documents to the bailiff or collector, which complicates the verification of payments. If necessary, the bailiff has the right to request an extract on bank account or another document certifying the payment in the name of the claimant.

Ways to check online for alimony debt:

Through the website of the UFSSP. To do this, select the tab "Databank of Enforcement Proceedings" on the official website of the UFSSP, which operates on the basis of clause 3 of Art. 6.1 ФЗ No. 229 "On enforcement proceedings"... Here you need to enter information about the debtor: and date of birth (optional), and you can get information about the amount owed, details of enforcement proceedings, contacts of the bailiff.
With the help of the Databank of Enforcement Proceedings, the alimony debt can be paid online even with bank card... Wherein cash at first they will be credited to the account of the UFSSP, and then they will be brought to the recipient.
Through the website "State Services"... In order to use the information about the initiated enforcement proceedings on the State Service website, an interested person needs to know the number of the enforcement proceedings, which, frankly, is not very convenient, since the parties to the enforcement proceedings do not always have this information. If the applicant knows the case number, the answer from the State Services will come to him in a fairly short time (from 3 to 5 working days) in “ Personal Area»The portal of the State Services.
On the sites VKontakte and Odnoklassniki. Through the indicated social networks, the parties to the alimony production can download the application "Databank of enforcement proceedings".

If there is no alimony debt, no information will be found in the database of enforcement proceedings, since the payer is not listed as a debtor. If the debt was partially repaid, the change in its size should be reflected in the data bank field "Subject of performance, the amount of outstanding debt".

Alimony is the regular maintenance payments of one of the relatives to another relative. Most often, they are paid in the event of the breakdown of the family to support the child, but money can also be received while married if the spouse refuses to provide material support to his children. Alimony can be paid not only for a child, but also for the maintenance of elderly parents, an unemployed spouse or other relatives. These material resources by an amicable agreement, voluntarily or compulsorily, by a court decision.

Why is the alimony arrears accumulating?

The amount of alimony is established in accordance with the law. Into existing regulations amendments are periodically made, therefore the amount payable is subject to change. Thus, even conscientious citizens may have an alimony debt.

In total, there are two categories of reasons for non-payment of alimony: respectful and disrespectful. The court recognizes the reason as valid if the debt was formed under the influence of circumstances not related to the fault of the payer.

If the payer went on vacation or for some business and did not take care of the deductions in advance, then this will be considered a disrespectful reason for delay.

If the court recognizes that the debt was formed through no fault of the person, then he will be removed from all black lists and the time during which the debt must be repaid will be determined.

How to find out if there are alimony debts?

The law applies severe sanctions to debtors, for example, the impossibility of going abroad or obtaining a loan. So, you have a child support debt. What to do?

In order not to find yourself in an unpleasant situation, before flying abroad, it is better to insure yourself and find out in advance whether you have alimony debts and, if so, what amount has "run over". There are several ways to get this information. You can find out about alimony debts on some official Internet resources.

On the site Federal Service bailiffs(FSSP), where all information of the database of enforcement proceedings is located. There you can also find contact information (addresses and phone numbers) for personal contact for information.
On regional portals of bailiffs there is detailed information about debtors of various kinds, including non-payers of alimony.
On the site of the "electronic government" - "Gosuslugi", which contains all the data on enforcement proceedings. To do this, you need to determine your location, and then you can get all the information of interest.
V social networks"VKontakte and Odnoklassniki". This can be done by going to the "Applications" tab on your page and selecting "Databank of enforcement proceedings". In addition to the fact that here there is an opportunity to obtain the necessary information, an SMS-subscription is also drawn up about existing debts and any changes in the arrears in the payment of alimony.

On all these Internet portals, you can find information about alimony debts by last name. It is enough to open the required application and determine the location of the debtor, and then enter his surname and initials in the appropriate field. And if the number of the enforcement proceedings is known, then it will be even easier to obtain the information of interest.

In addition, alimony debt can be identified using modern mobile devices that run on OC iPhone, Android, Windows Phone. To do this, you need to write "FSSP" in the search engine line.

You can also find out about alimony debts at the place of residence from the bailiffs.

How to collect alimony debt

This can be done through bailiffs or by writing an application for recovery to the Magistrate's Court (in the same place where the documents for divorce were filed). In order for the collection of the alimony debt to be successful, in both cases government bodies it is necessary to help and provide all available information about the debtor.

We turn to bailiffs

Usually, when applying to the bailiffs, you need to be prepared that the case will move slowly. In order to speed it up, the executive body needs to inform the debtor's place of residence and work, as well as everything that is known about his property and property. If nothing is known about a person, he is put on the wanted list.

In the application submitted to the bailiffs, it is necessary to indicate:

Full name of the representative of the interested person;
Full name of the person in whose favor the funds are collected;
on the basis of which document this collection takes place;
from what date the debt has accumulated.

If there is no result due to the inaction of the bailiffs, the applicant has the right to appeal to the prosecutor's office with a complaint about their sluggishness.

We appeal to the World Court

The Criminal Code of the Russian Federation exists according to which, for malicious evasion of the payment of alimony, the debtor may face criminal liability... What to do? How to collect alimony debt? To do this, it is necessary for the legal representative of the person in favor of whom the alimony will be collected, write a statement to the World Court at the place of residence of the debtor (defendant). First, a court decision is made on such a penalty, and then a criminal case is initiated under this article.

The debtor (defendant) has the right to file a counterclaim in the event that the formation of the debt has occurred for a good reason.

Forfeit from the debtor

From the defaulter, you can still demand a forfeit for the alimony debt, especially if the amount has accumulated a decent amount and a debt has formed for an unjustified reason. This is provided for by article 115 of the RF IC. The amount of the forfeit is equal to 0.5% of the total amount of the principal debt for each overdue day. Thus, it can turn out to be a tidy sum.

Such cases, however, usually progress very slowly, especially if the whereabouts of the defendant is unknown. If the case is not moving at all, then you can file a complaint with the prosecutor's office.

A non-payer of alimony can be deprived of parental rights

Permanent non-payment of alimony is evasion of parental responsibilities. For this it is quite possible to lose parental rights to the child.

To do this, the mother or father living with the child must be sued statement of claim... The decision will be made taking into account the opinion of representatives of the guardianship and guardianship authorities.

How are child support debts collected?

So, the malicious defaulter has accumulated considerable debts. Bailiffs for alimony in the arsenal have a variety of tools to collect material resources. Often, malicious deviators move to another city, sell their property in order not to pay for the maintenance of their own child, therefore the primary task of the executive bodies is to determine the current place of work and residence of the defaulter. To do this, they interview the acquaintances and relatives of the debtor, and also contact tax services to establish information about his real estate or vehicles.

After the defaulter is found, he is offered to pay off the alimony debt on a voluntary basis within the deadline... If this requirement is not met, an enforcement fee is collected from the debtor and new period to pay off debt.

If the required amount has not been paid during the specified period, then at the place of work, as well as in banks and credit institutions where the debtor may have accounts and deposits, a writ of execution is sent. According to it, employers are obliged to forcibly deduct amounts to pay off the alimony debt, and with bank accounts funds can be withdrawn to pay off this debt in full.

Additional measures for debt collection

If the measures taken did not lead to a positive result, then the debtor's property (real estate or car) may be arrested. This procedure is carried out on the initiative of the bailiffs themselves or at the request of an interested person. After the arrest and inventory, the property will be sold, and the funds will be used to pay off the debt.

As mentioned above, the alimony debtor can be blacklisted, which means that the flight abroad will be closed to him. Very often, it is this method that turns out to be effective, because in this case a citizen of the Russian Federation who has a debt for alimony will not be able to leave the territory of his state until the specified amount is paid in full.

A person has nothing. How to collect a debt?

In this case, the bailiffs can go home to the debtor and confiscate the TV, tape recorder, refrigerator and other household appliances... It is clear that after implementation, and also taking into account wear and tear, it will be received small amount, but for your money, especially those that are due to a child, you have to fight in all possible ways.

There is another option - you can try to find out through the registry office whether the debtor is currently married. To do this, bailiffs send a request to this body. If the answer turns out to be positive, such an option is also possible - an apartment, a car, a summer residence and all property can be registered in the name of a new spouse. In this case, all property acquired in marriage is divided in half. Therefore, if the former spouse is currently married, there is real opportunity allocate his share and withdraw it to pay off the debt on alimony. Sometimes such an action is the only possible way to get a refund.

Every third alimony payer in Russia is actually a debtor. Consequently, every third child in need is left without payments for their maintenance provided for by the Family Code.

Alimony debt- this is the amount of funds generated due to incomplete payment or lack of payment of the alimony obligations established in the writ of execution, court order or a voluntary maintenance agreement.

According to the Federal Bailiff Service (hereinafter referred to as the FSSP), at the end of 2016 the total alimony debt in the Russian Federation reached over 100 billion rubles, and in 2017 the situation has not changed dramatically. In view of this circumstance, the fight against the emergence of debt and the development of effective mechanisms for its repayment is task number 1 for the legislative and executive bodies of alimony legal relations.

It is absolutely unimportant in what way the alimony was collected (in shares of the payer's income or in a fixed amount of money) - if the funds were not paid on time, then a debt is formed for the defaulter, which is accumulated monthly in the amount established by the executive document.

Types of alimony debt

How to find out the amount of alimony arrears?

This provision indicates that the alimony arrears has no statute of limitations... This means that it is possible to collect a debt from a defaulter even after the child turns 18 years old.

Besides, judicial practice, approved on February 5, 2014 by the Presidium of the Supreme Court of the Russian Federation, was confirmed inheritance of the alimony debt. This means that the alimony debt is sum of money, not related to the identity of the payer, which means that its payment passes to the deceased debtor within the value of the property they inherited.

Actions of the recipient of alimony in case of arrears

If the alimony debt has formed more than two months and there is no legal claim from the payer to change the amount of alimony, the claimant can act as follows:

Debt collection by bailiffs

First of all, the claimant of alimony must contact the bailiff-executor conducting the enforcement proceedings, from and up to administrative arrest (Article 5.35.1 of the Administrative Code of the Russian Federation).

When visiting the bailiff, the recoverer must notify him of the existence of the resulting debt, and, if necessary, leave a written request to take measures against the defaulter.

Sample statement to the bailiff about the calculation of the alimony debt

A sample petition for the bailiff to take measures to calculate and pay alimony arrears can be viewed.

Bailiff
Bezhitskiy district department of bailiffs
V.A. Vereshchagina
Bryansk, st. Ulyanov, 34
recoverer Marchenko C.The.
Bryansk, st. 3 Internationals, 78-12
contact / tel. xx-xx-xx
Application for taking measures to eliminate debt
On the basis of a writ of execution issued by the Magistrate's Court of the Bezhitsky District of Bryansk from 12.06.2010 gr. V.V. Marchenko is obliged to pay alimony in the amount of 1/4 of the income for maintenance minor child, Marchenko I.V., born in 2005. Since February 2017, the debtor was dismissed from the place of work of StarGum LLC due to staff redundancy, alimony payments were stopped. Until now, I have not received the due funds in favor of my son, the debtor does not answer phone calls, and is absent from the place of registration.
In accordance with article 50 federal law dated 02.01.2007 No. 229-FZ "On Enforcement Proceedings", Article 113 of the RF IC, I ask you to calculate the debt that has arisen for the period of non-payment for the debtor V.V. Marchenko, and take measures to liquidate it.
22.08.2017 ____________ S.V. Marchenko

As for the defaulter under Art. 157 of the Criminal Code of the Russian Federation, its application in practice is currently used extremely rarely - due to the priority use of administrative prejudice, which in most cases helps to induce the debtor to pay off the resulting debt.

Collecting a forfeit (penalty interest) for delay through the court

(in other words, a penalty) is a debt that is formed during the accumulation of the alimony debt, and can be collected personally by the recipient at his statement of claim.

You can independently collect a penalty for late payment of alimony payments in the amount of 0.5% of the debt amount for each overdue day(Article 115 of the RF IC), which, calculated for one full year, corresponds to 182.5% per annum. To recover a forfeit from an alimony payer, the claimant must:

make sure that the debt has arisen in the absence of valid reasons from the defendant;
send a statement of claim to a world court "On the collection of a penalty for late payment of alimony" at the place of residence of the plaintiff or defendant (according to Art. 29 of the Code of Civil Procedure of the Russian Federation).

Joined in legal force The court decision on the recovery of alimony also says that alimony will be paid regularly and that a large alimony debt will never be formed. As a rule, debtors do their best to hide their income and, by their actions or inaction, create unpaid amounts.

In this case, in Russian legislation mechanisms and methods are provided for solving the problem of the resulting debts on enforcement proceedings, in particular alimony. Depending on the events that precede the formation of the debt, the parties to the legal relationship are guided by the provisions of the Family Code and the Law governing the process of execution of proceedings by bailiffs. Including, for evasion of payment of alimony, it is possible to bring to criminal liability.

Reasons for the appearance of large debt on alimony obligations

According to the information obtained during the examination judicial practice, there are four main reasons for the appearance of a significant debt for alimony:

Deliberate actions of the debtor, who in every possible way conceals his income and property - this item includes failure to report a change of place of residence, work;
Force majeure, expressed in the debtor's illness or a difficult financial situation - in this case, documentary evidence is required;
The action or inaction of the claimant, which is expressed in the failure to provide information about accounts and details for transfers;
Error accountants the company in which the defendant is employed in the alimony case. As a rule, this is an incorrect calculation, significantly reduced by the required amount;

The result of such actions is a large debt, which will subsequently negatively affect the debtor.

In a case related to the collection of a large debt for alimony, the term limitation period does not apply. That is, the opportunity to file a statement of claim for a forfeit, enforced collection or appeal to property is present at any time.

The mandatory rule remains the need judgment on the establishment of the obligation to collect alimony. Such a statement of claim can be filed before the child turns 18, while setting the period from which deductions will be made should not exceed three years.

In the case of legal establishment, the claims of the claimant will be under the control of the bailiffs-executors and it will be easier to demand their execution.

What needs to be done by the recipient of funds

If the debt continues to grow every day, and the bailiffs do not act, it is necessary not to think for a long time what to do in this case, but to try to start drastic measures of influence as soon as possible:

We turn to the bailiff with an application for familiarization with the enforcement proceedings. If signs of inaction are found, it is necessary to send a complaint to the department of this unit, or to the prosecutor's office. But if it turns out that the bailiff has exhausted the possibilities of his powers and it is impossible to collect funds within the framework of the proceedings, the applicant sends an appeal with a request to calculate the amount of the debt;
With the received calculation, certified by the bailiffs, he applies to the court with a claim for compulsory collection and calculation and payment of the forfeit. The instance is determined based on the amount owed. If the debt does not exceed 50,000 rubles, this dispute falls within the jurisdiction of justices of the peace, in other cases - city and district courts;
We receive a court decision on satisfying the requirements and with a writ of execution we reapply to the bailiff. At the same time, we act with the expectation of compulsory collection with the possibility of arresting the property, selling it at auction or transferring it to the recoverer.

How to act for the defendant on alimony obligations

The question of what the debtor should do if a large debt has arisen as a result of his actions or inaction arises quite often. Fearing responsibility, many forget the simple thing: if the debt is not your fault, look for the reasons why it appeared. As a rule, if the debtor wants to reduce the amount of debt that was formed through no fault of his own, he must submit the following documents to the court:

income statement;
a certificate from the accounting department about calculations - if they were the reason for incorrect charges;
medical certificates regarding health problems that interfere with work.

In this case, the debtor may demand to reduce the amount of the resulting debt or cancel it altogether.

In addition to civil disputed legal relations, there are also administrative and criminal offenses. In the event of malice of non-payment, the debtor may first be subject to penalties, and then imprisonment.

Let's take a closer look at what can lead to a similar situation:

Administrative responsibility for failure to provide information necessary for the normal course of enforcement proceedings. These include: failure to report a change in place of work and residence, change in income.
Criminal liability, the prosecution of which occurs in four successive stages:
- Detection of debt, the amount of which is significant for the collector. After that, the applicant applies with a demand to the bailiff-executor to calculate the debt and to send the debtor a demand to pay the debt under the threat of criminal liability;
- If the debtor fails to act within the next 6 months, the applicant repeatedly performs the actions provided for in the previous paragraph. Nothing else should be done, unless, as an interim measure, the debtor's property is seized;
- In case of repeated inaction of the defendant in enforcement proceedings, the bailiff is obliged to issue a report on the detection of signs of a crime. In this regard, all materials related to the debt are sent to the Department of Internal Affairs for investigation.
- In the course of the consideration of a criminal case, the applicant has the right to file a civil claim, which will also include a forfeit, enforced collection with an appeal to immovable and movable property a person who will already be in the status of a defendant.

In order not to have a child support debt, it is important to remember what to do first and what can wait. Many executive documents disappears due to personal non-participation of the parties to the production. If the claimant wants to legally fulfill the requirements, he must understand that it is not always easy to collect. There is no need to be afraid to develop events and defend the rights of your child.