How to recover arrears in alimony - legal nuances. What if the debt for alimony was formed? How to learn alimony debts

Every third alimonymaker in Russia is actually a debtor. Consequently, every third needy child remains without payments provided for by the Family Code to its content.

Aliminal debt - This is the amount of funds forcing the incomplete payment or lack of paying alimony obligations established in the executive list, judicial order or voluntary aliminal agreement.

According to Federal Service bailiffs (hereinafter - FSSP), at the end of 2016 the amount of total aliminal debt in the Russian Federation reached more than 100 billion rublesAnd in 2017 the situation did not change dramatically. In view of this circumstance, the struggle against the occurrence of debt and the development of effective mechanisms for its repayment is the problem number 1 for the legislative and executive bodies of aliminal legal relations.

It absolutely no matter how the alimony was charged (in shares from the income of the payer or in solid monetary sum) - if funds did not payThe deferrator forms debt, which is accumulated monthly in the amount established by the Executive document.

Debt types of alimony

How to find out the amount of alimony debt?

This provision indicates that alimony debt no longest. This means that you can recover the debt with a defaulter and after the child's execution of 18 years.

Besides, judicial practiceapproved on February 5, 2014 by the Presidium of the Supreme Court of the Russian Federation, was confirmed inheritance of aliminal debt.This means that an aliminal debt is a money amount that is not associated with the identity of the payer, which means its payment passes the late debtor within the value of the property inheritance.

The actions of the recipient of the alimony in the occurrence of debt

If an aliminal duty was formed more than two months And there is no judicial claim from the payer to resize alimony, the recoverer can do as follows:

Debt recovery by bailiffs

First of all, the challenger of alimony should be applied to the bailiff, leading enforcement proceedings, with and up to the administrative arrest (Article 5.35.1 of the Code of Administrative Offenses).

When visiting the bailiff, the recoverer must notify it on the presence of arrears formed, and if necessary, leave a written petition for the application of measures to defaulter.

Sample application by bailiff on calculating alimony debt

A sample petition for making measures for calculating and payment of alimony debt can be viewed.

Bailiff
Bezhitsky District Departure Department
V.A. Vereshchagino
bryansk, ul. Ulyanova, 34.
marchenko Decader S.V.
bryansk, ul. 3 International, 78-12
Control / tel. XX-XX-XX
The petition for the adoption of measures to eliminate debt
Based executive Sheetissued by the Justice of the Bezhitsky district of Bryansk from 12.06.2010 c. Marchenko V.V. obliged to pay alimony in the amount of 1/4 share of maintenance income a minor child, Marchenko I.V., 2005 birth. From February 2017, the debtor was dismissed from the place of work "Stargum" to reduce state, alimony payments are discontinued. To present, I do not get the required funds in favor of the Son, the debtor does not respond to phone calls, there is no place at the place of registration.
In accordance with Article 50 of the Federal Law of 02.01.2007 No. 229-FZ "On Enforcement Proceedings", Article 113 of the SC RF I ask you to make up the debt that has developed for the period of non-payment for the debtor Marchenko V.V., and take measures to eliminate it.
22.08.2017 ____________ S.V. Marchenko

As for the defaulter under Art. 157 of the Criminal Code of the Russian Federation, its use in practice is currently being used extremely non-checked - due to the priority use of the administrative ultimate, which in most cases helps to encourage the debtor to repay the debt formed.

Recovery of penalty (penalties) for delay through court

(In other words, penalties) - a debt that is formed during the accumulation of aliminal debt, and may be charged personally by the recipient at his claim.

Independently recover the penalty for the delay of aliminal payments in the amount of 0.5% of the amount of debt for every overdue day (Art. 115 of the RF IC), which per full year corresponds to 182.5% per annum. To recover a penalty from an alimonymaker, the recovere must:

make sure that the debt arose in the absence of valid reasons for the defendant;
send to the World Judicial Institution statement of claim "On the recovery of a penalty for the delay of aliminal payments" At the place of residence of the plaintiff or the defendant (according to Art. 29 Code of Civil Procedure of the Russian Federation).

Debt on alimony arises when the debtor does not pay alimony on time. If the decision of the court or the agreement of the parties is established monthly payment of alimony, then such a responsibility must be executed until 24-00 hours of the last day of the month, for which alimony is accrued. If the last day of the month is a non-working day, then the period of payment of alimony is transferred to the nearest subsequent working day.

In our conditions for most citizens is difficult. Some of the debtors are trying to get away from the payment of alimony, hide income, tighten the fulfillment of the responsibility for a long time. In these situations, recovers are accounted for through the service of bailiffs to work with alimony debt.

Definition of alimony debt

Debt on alimony is determined by the bailiff. To determine the debt, the bailiff requests information about the entire period of debt. Based on the information received, the attractive calculation is calculated, given the definition of the value of alimony in a court decision or.

Definition of debt is made from the moment of recovery of alimony to the calculation date. If the payer had good reasons (the disease, did not pay the salary at work, the absence of the work itself and others), then the debt is determined for three years. If the reasons for the formation of debt were not respectful, the debt will be defined for all time.

If there is a question: "How to find out the arrears of alimony?" The payer or the recipient of the alimony is entitled to refer to the bottom with.

If in a period of time the debtor did not work or did not submit to the bactering documents confirming the amount of its income, the definition of debt is made on the size of the average earnings in Russia at the time of the calculation.

Determining the amount of arrears in the alimony is drawn up by the bailiff in the form of a resolution. If during the calculation of the bait, violations are allowed, its actions can be appealed in court by submitting.

Exemption from alimony debt

The law provides for the possibility of exemption from alimony debt. When paying for alimony by agreement, the parties can agree on exemption from payment. In other cases, (and if the alimony is paid on children - in any case), only court can free the payer from paying debt.

After determining the amount of debt if its size does not satisfy the payer or the recipient of the alimony, the court files. The court will determine the amount of debt in the solid sum, taking into account all the circumstances, allowing to reduce or increase the amount of debt. Exemption from alimony debt can only be made in exceptional cases, if circumstances have changed significantly, of which the court proceeded by the recovery of alimony.

Recovery of alimony debt

Alimony charged by the court once. Subsequently, when changing the family or material situation of the Parties or the property position of the alimony payer, it is possible to change the size of the alimony by the court decision. The plaintiff submits.

Debt collection on alimony is made by the bailiff. It is the bailiff that determines the amount of debt, determines the availability of money and property in the debtor, at the expense of which the debt can pay off. The bailiff finds out the place of work of the payer of the alimony to appeal to pay for wages.

The court for recovery of arrears in alimony does not need to handle. The court will refuse to accept such a statement if the dispute on the alimony has already been resolved by the court and the alimony are charged with monthly payments. The exception of this rule will be the situation when the defendant concealed during the payment of alimony by periodic payments. revenues from which alimony is paid. In this case, the recipient of the alimony has the right to present the requirements for the definition and recovery of arrears.

Another case of appeal to court with a claim for recovery of alimony arrears will be when the payer died, not going through debt. In this case, the alimony arrears will be recovered from its heirs, within the value of the estate of the property.

Indexing alimony

When recovering the Family Code of the Russian Federation, an indexation of alimony is provided. The indexation of alimony means that the amount of monthly payments increases depending on the change subsistence minimum. With an increase in the subsistence minimum, the size of the content increases, with a decrease - decreases.

For indexing alimony, an increase in the subsistence minimum is taken for the relevant socio-demographic group of the population established in the relevant entity Russian Federation At the place of residence, the person receiving alimony.

For example, in the Irkutsk region by the Decree of the Government of the Irkutsk Region of January 30, 2014 N 38-PP established the amount of the subsistence minimum on the Irkutsk region for the IV quarter of 2013 for children in the amount of 7766 rubles, in the third quarter of 2013 this amount was 6598 rubles. This means that in the period from October to December 2013, the amount retained to alimony should be indexed at 1.177 times.

From December 1, 2011, the courts charge alimony in the sum of money in proportion to the subsistence minimum, before that the content of the content was determined in the Mrometa ( minimum size wages). It doesn't matter to indexing the alimony, in what values \u200b\u200balimony is charged, they will be indexed in any case in a subsistence minimum.

If the subsistence minimum in the subject of the Russian Federation is not determined, the indexation of the alimony is carried out in a subsistence minimum, which is determined by the Government of the Russian Federation every quarter.

The indexation of the alimony is made by a bailiff or an organization where the document is executed on the payment of alimony.

Responsibility for non-payment of alimony

The presence of arrears in alimony suggests that the obligated person for some reason did not produce or produced with a delay.

The basis for the onset of responsibility is the wines of the payer of the alimony. If the alimony was not paid through the fault of others, the payer of alimony from responsibility is released.

Article 157 of the Criminal Code of the Russian Federation provides for the responsibility for the malicious dodging of the parent from payment to the decision of the Court of funds for the maintenance of minors of children, as well as disabled children who have reached an eighteen-year-old age, and malicious evasion of adult able-bodied children from payment of the court of funds for the maintenance of disabled parents.

Article 115 of the Family Code of the Russian Federation provides for the possibility of recovery of a penalty for the delay in the payment of alimony (see) and damages caused by the alimony arrears.

The rules for recovery of debts on alimony will in the near future will undergo significant changes. The corresponding bill has already been submitted to the State Duma, a few more - on the approach. In parallel, responsibility can be tightened: not only for the "alimony-payers", but also for employers who made a mistake in keeping a certain amount from their salary.

Messages that the head or accountant of this or that enterprise is attracted to administrative or even criminal responsibility for violating the deduction procedure from the employee, appear in the reports of various law enforcement structures with frightening periodicity. The geography of such offenses is very extensive - from Moscow to Magadan, as it comes in a popular song. If we abstract from the presence or absence of evil intent, it is indirectly indicating that not all accountants are properly aware of the nuances associated with the holding of alimony. That is, despite the fact that this theme would seem to be studied along and across, not everything is so "alimentary", as it seems. And here more innovations are preparing. Replenish some gaps. With responsibility, perhaps, let's start.

Responsibility for concealing employee income

Yes, yes, that is exactly the most likely, the actions of an accountant that made a mistake in the holding of alimony is qualified. In addition to the timely holding of alimony from the salaries of "sentenced" to this employee (Art. 109 of the RF IC), the notification of the bailiff (recipient of the alimony) on the dismissal of the debtor and his new place of work is also charged with the employer's duties (if it is known).

For non-fulfillment of these requirements, the Company and its officials can be attracted to administrative responsibility. Fine under Article 19.7 of the Administrative Code of the Russian Federation - "Failure to submit information (information)" does not seem particularly burdensome: for citizens - from 100 to 300 rubles; For officials - from 300 to 500 rubles; for legal entities - from 3000 to 5000 rubles. For the first time, checking may be limited to warning.

But the sanctions enshrined in paragraph 3 of Article 17.14 of the Administrative Code of the Russian Federation "Violation of Enforcement Communication Legislation" is already tougher: for citizens - from 2000 to 2500 rubles; For officials - from 15,000 to 20,000 rubles; For legal entities - from 50,000 to 100,000 rubles.

But that's not all. Officials of the Organization for malicious non-fulfillment of the requirements contained in the executive documents or for the prevention of their execution (uncontrollability and non-removal of alimony) can be held accountable under Article 315 of the Criminal Code of the Russian Federation - "Failure of the court sentence, a court decision or other judicial act."

A set of sanctions such:

penalty: in the amount of up to 200,000 rubles or in the amount wages or other income convicted for the period up to 18 months;
deprivation of the right to hold certain positions or engage in certain activities for up to five years;
mandatory work for up to 480 hours;
forced work for up to two years;
arrest for up to six months;
imprisonment for up to two years.

About criminal liability for the transfer of alimony is not fully or their late retention, as well as for concealment or understatement of the debtor's revenues, the bailiff will warn the company's representatives in writing, approved by the order of the Federal Bailiff Service of Russia dated December 15, 2016 No. 635.

Upon presentation of the prevention, the bait will take from the head or other authorized person a receipt that the aforementioned article of the Criminal Code of the Russian Federation is clarified by him and understandable, and what is called, having a hand.

The priority task of the company is to check the correctness of the compilation of executive documents.

We check the executive documents

Holding alimony is made on the basis of the following documents:

the executive list (the form approved by the Decree of the Government of the Russian Federation of 07/31/2008 No. 579), which is issued on the basis of a court decision. Alimony can be accumulated in a solid amount, in a share of employee income, either simultaneously in fractions and in a solid amount;
the judicial order (the decision made by the judge is solely on the basis of an application for the recovery of monetary amounts). In this case, the alimony is accumulated only in the share of employee income;
agreement on the payment of alimony concluded between the alimonymaker and their recipient.

Each of these documents should be verified for compliance with the requirements of the legislation.

Performance list

This is a document issued by the court, which indicates the reason and the size of the deduction from the employee. Holding on the actuator is possible only if it contains all the required details:

the name of the court who issued a sheet;
the court number in which the sheet is issued;
date of adoption judicial decision on holding funds from the employee;
statement of decision of the judiciary;
the date of entry of the court decision into legal force;
date of issuing a sheet;
the name of the debtor and the person in whose favor is being made.

The executive list signed by the judge and is assigned to the stamp. Detention of cash from the income of the employee on the basis of the executive list is carried out without the publication of the order of the leader on holding and without the consent of the employee.

After the executive list goes into the organization, it must be registered and no later than the next day submitted to receipt in the accounting department.

In accounting, all executive documents are registered in a special journal and are stored as a shaft of strict reporting.

Agreement

If with the execution sheet (must contain the required details listed in Art. 13 Federal Law from 02.10.2007. No. 229-FZ "On Enforcement Proceedings" (hereinafter - Law No. 229-FZ)) and judicial order (the requirements for it are established by Article 127 of the Code of Civil Procedure of the Russian Federation) is usually everything is in order, as they are issued by the court, then to check the agreement should be approached more thoroughly.

So agreement in obligatory It consists in writing and certifies in the notary (paragraph 1 of Art. 100 of the RF IC). Implemented changes or termination of the agreement are also certified by the notary. The document must comply with the requirements of Chapter 16 of the Family Code and maintain:

the size of alimony;
procedure for indexing the size of alimony;
methods and payment order.

Recall that alimony can be paid:

in fractions to earnings (other income) alimony payer;
in a solid monetary amount periodically either at a time;
by providing property by either in other ways (paragraph 2 of Art. 104 of the RF IC).

Agreement may provide a combination of various ways to pay for alimony.

Executive documents may be presented for execution during the entire period on which the alimony is awarded, as well as for three years after the end of this period (part 4 of Article 21 of Law No. 229-FZ).

We notify the stakeholders

Documents in the organization can send both the recoverer and bailiff. When the document in the company directs a recoverer, it should also attach a statement to it (Art. 9 of Law No. 229-FZ) with the following data:

bank account details or translation address;
F. I. O. Decisor and details of a person certifying a person;

If the recorder handed over the executive document to the bailiff service, the organization will come to the organization of the judicial bailiff and a copy of the executive document.

The organization is obliged to notify the recorder (a person in whose favor of which is carried out) and the bailiff on the day of receipt of securities.

The notification makes a mark on receiving the executive document (inbox number and date), the telephone number is indicated, and the accountant and the organization of the organization are set.

In addition, the employer is obliged for three days to notify the bailiff (recorder) on the dismissal of an alimony-payer, about its new place of work (if it is known) and return the executive document with a marking on the recovery issued. The mark indicates:

the size of the deductions and retained amounts;
payment orders numbers (receipts);
dates of enumerations and debt balance (if any).

Sometimes executive documents come to the organization when an alimonymaker has already quit. In this situation, the employer is also obliged to report a new place of payer's work (if it is known) and return to the sender for a three-day paper.

If the date of the beginning of the recovery of alimony falls for the period of the alimonymaker in the organization, then the accompanying letter should be attached to the documents.

It indicates the date of dismissal of the employee and its income from the date, when it was necessary to start retaining alimony (indicated in the executive document), by the date of dismissal, as well as the amount of income tax individualsRestored during this period.

In what size to hold alimony

According to paragraph 1 of Article 81 of the Family Code, the size of the alimony for the maintenance of minor children, which are charged in judicial orderAmong:

per child - 1/4 monthly income;
for two children - 1/3 of the monthly income;
on three and more children - 1/2 monthly income.

The size of these fractions can be reduced or increased by the court, taking into account the material or family situation of the parties and other circumstances that take attention (paragraph 2 of Art. 81 of the RF IQ).

note

Men who owe their former "halves" and children, who, by definition, are only "real", the phenomenon is quite ordinary. But the personnel and accountants should be more closely to look closely to the personnel falling under the definition of "weak gender". In Buryatia, for example, according to the FSSP of the Russian Federation, every fifth alimony is a woman. The terrible century, terrible hearts, as the poet would say.

The court has the right to establish the size of the alimony in a solid monetary amount if the income of the payer is irregular, changing or salary is calculated in foreign currency etc. (p. (Art. 83 of the RF IC).

When concluding an agreement on the payment of alimony, the parties independently determine the size of the alimony. At the same time, it can not be less than size, which could be obtained when recovering alimony in court.

Recall that the total amount of wage deductions cannot exceed 20% (part 1 of article 138 of the Labor Code of the Russian Federation). However, there are exceptions. Thus, the size of the deduction increases to 50% of wages and other income when recovering several executive documents (clause 2 of Article 99 of Law No. 229-FZ).

And when recovering the alimony on minor children, compensation for harm caused by health, compensation for harm due to the death of the breadwinner and compensation for damage caused by a crime, the amount of deductions from salary and other income can be increased to 70% (clause 3 of Article 99 of the Law No. 229-FZ).

The size of the deduction from the employee's salary is calculated from the amount left after tax retention (a letter of the Ministry of Health and Social Development of Russia of November 16, 2011 No. 22-2-4852).

When holding the alimony from an employee who has spent part-time month due to the absenteeism, the amount of alimony is determined on the basis of its wages calculated for the full working month.

By agreement between parents one of them, "children's" deduction can be provided in a double size, and not to be provided with another. For this you need to write appropriate statements in accounting.

The only parent (adoptive parent), guardian, the trustee provide a double "children" deduction.

The last month of granting a double deduction is the month of marriage (sub. 4 p. 1 of Art. 218 of the Tax Code of the Russian Federation).

How to take into account

To account for mandatory retention, discover 76 subaccount "Calculations on executive documents". If you hold one or another amounts on executive documents, make an entry:

Debit 70 Credit 76 subaccount "Calculations on executive documents"
- Hold cash According to the executive document from employee wages.

When you pay withheld tools to the recoverer from the cash register, make wiring:

Debit 76 subaccount "Calculations on executive documents" Credit 50-1
- Restrained amount issued to the recipient from the cashier.

When listed with the restrained funds to the banking (calculated) account of the charter, make an entry:

Debit 76 subaccount "Calculations on executive documents" Credit 51
- Caused sum is transferred to the banking (calculated) account of the recoverer.

If the depreciated amount is translated by mail, take into account the wiring:

Debit 57 Credit 50-1
- Restrained funds are handed over to the post office for sending to the recoverer.

After receiving a notification from mail about receiving funds to the recoverer records records:

Debit 76 subaccount "Calculations on executive documents" Credit 57
- He was written off withheld sum received by the recoverer.

Calculation and payment of alimony

Alimony is held from all types of salaries (monetary remuneration, content) and additional remuneration received by the payer. The list of types of wages and other income, of which the deduction of alimony on minors (hereinafter - the list), approved by the Decree of the Government of the Russian Federation of July 18, 1996 No. 841. This document contains a list of payments from which the alimony is not held. In addition, the types of income from which the alimony should not be held, indicated in Article 101 of Law No. 229-FZ.

Note that the definition of the Constitutional Court of the Russian Federation dated January 17, 2012 No. 122-oh is indicated that alimony from income received by an alimony-payer out of connection with the implementation of economic or labor activity. Thus, it is impossible to keep alimony, for example, with income received by the payer from the sale of real estate.

note

In three days after the dismissal of the employee, the executive list is transferred to the bailiffs. If your company does not do this or violates the term of the executive list, it can be fined in the amount of from 50,000 to 100,000 rubles, and the head or chief of chubuch - from 15,000 to 20,000 rubles (part 3 of Art. 17.14 of the Administrative Code of the Russian Federation).

Alimony should be held from the employee's salary from the date specified in the executive document. The recovery of alimony is made after we recall that the alimony is not subject to nDFL Cover (paragraph 5 of Art. 217 Tax Code of the Russian Federation).

Thus, the calculation is made according to the following formula.

The formula for calculating alimony

At the same time, the accountant, calculating the NDFL, should take into account the presence or absence of the right to receive the right to receive an alimony standard deduction on a child (sub. 4 p. 1 Art. 218 of the Tax Code of the Russian Federation). The right of an alimony-payer to receive this deduction is confirmed by the fact of payment of alimony or the availability of documents confirming the costs of children made in accordance with the Agreement, as well as the provision of a child's birth certificate, a certificate of divorce, executive document (Letters of the Ministry of Finance of Russia from 05/30/2011 No. 03-04-06 / 1-125, from 11.10.2012 No. 03-04-05 / 8-1179, from 03/23/2012 No. 03-04-05 / 8-367.

There are situations when several executive documents come to the organization. Here, the accountant should be determined which one to meet the requirements contained in them, and already on the basis of these data make calculations. So, first of all, the requirements are satisfied (paragraph 1 of Part 1 of Art. 111 of Law No. 229-FZ):

for the recovery of alimony;
compensation for harm caused to health;
compensation for harm in connection with the death of the breadwinner;
compensation for damage caused by a crime;
compensation of moral damage.

Accordingly, if the requirements contained in the second existing executive document, as well as alimony, are charged primarily, they are satisfied in proportion to the recovers. The total amount of deductions can not exceed 70% of the revenue of the employee. If the resulting amount is insufficient to meet all the requirements, then the remaining amounts are transferred for the next month.

If the requirements contained in the executive documents relate to different queues, then the alimony is held first, and then other requirements are already satisfied. In this case total amount Holding cannot exceed 50% of the employee's income. The depreciated amount may not be enough to meet the requirements for the second executive document, so the remaining amount is postponed for the next month.

The organization is obliged to list the alimony no later than a three-day sentence from the date of payment of the salary of an alimony-payer (Art. 109 of the RF IC, Part 3 of Art. 98 of Law No. 229-FZ). Alimony can be listed by the recipient by mail or on its current account. Details for translation are indicated in the executive document (in a statement applied to Him) or in the decision of the bailiff on the recovery of the debtor's income. The enumeration of the alimony is carried out at the expense of the debtor.

Alimony on the executive list and judicial order They are accumulated before reaching the child of majority. Payments terminated only in the following cases:

death of the payer or recipient of alimony;
adoption (adoption) of the child;
acquisition of a minor child of complete capacity before the age of majority (marriage, emancipation).

The payment of alimony by agreement is terminated after its expiration, as well as in connection with the death of the recipient or the payer of the alimony or other grounds provided for by the agreement.

EXAMPLE. Calculation of alimony

Accountant JSC "Active" on the basis of an executive list holds 1/4 income K. B. Yakovlev for paying alimony.

Salary Yakovleva in the reporting year - 15 500 rubles. per month. He takes a monthly allowance for long service in the amount of 800 rubles.

When calculating the tax on the income of individuals, Yakovlev uses children's deduction in the amount of 1400 rubles.

The organization pays insurance contributions from industrial accidents and professional diseases At the rate of 3.1%, and contributions to OPS, OSS and OMS - at a rate of 30%.

The amount of tax on the income of individuals held with Yakovlev will be:

(15 500 rub. + 800 rub. - 1400 rub.) × 13% \u003d 1937 rub.

The amount of income from which the alimony is held will be:

15 500 rubles. + 800 rubles. - 1937 rubles. \u003d 14 363 rubles.

Accountant "Asset" must keep alimony from Yakovleva in the amount:

Debit 20 Credit 70
- 16 300 rubles. (15 500 + 800) - accrued wages and allowance for years of service to Yakovlev;

Debit 20 Credit 69-1-2
- 505.3 rubles. (16,300 rubles. × 3.1%) - accrued contributions for insurance against industrial accidents and tradeboles;

Debit 20 Credit 69
- 4890 rubles. (16 300 rubles. × 30%) - calculated contributions to OPS, OSS and OMS;

Debit 70 Credit 68 subaccount "Calculations on the income tax on individuals"
- 1937 rubles. - tax on the income of individuals from Yakovlev's income;

Debit 70 Credit 76 subaccount "Calculations on executive sheets"
- 3590.75 rubles. - the amount of alimony on the executive list is kept;

Debit 70 Credit 50-1
- 10 772.25 rubles. (16 300 - 1937 - 3590.75) - issued salary from the cash register and the allowance for the length of service to Yakovlev (minus the amount of deductions).

How to keep executive documents

Executive documents are accounted for and stored as strict reporting documents. Thus, the document entered the organization should be registered in the magazine of incoming correspondence and transfer to the partition to the accountant. It is worth noting that the accountant is best to appoint a relevant order responsible for storing executive documents.

To monitor the movement of papers in accounting, the journal of accounting of executive documents should be made, in which the accountant will register the received documents. The shape of the magazine is not approved and it can be developed independently. For example, it may contain the following graphs:

date of receipt and incoming number;
document number when and by anyone issued;
F. I. O. and the address of the alimonymaker;
F. I. O. and the address of the charter;
the size of monthly retention;
deduction period;
debt;
date of dismissal of the debtor;
date of return of the executive document (bailiff, recipient of alimony).

Store documents are necessary in safes, metal cabinets or special premises, allowing them to ensure their safety (clause 6.2 of the provisions on documents and document flow in accounting, approved by the USSR Ministry of Finance 29.07.1983 No. 105). Executive, guilty in the loss of the executive document, can be subjected to a fine of up to 2500 rubles (Art. 431 Code of Civil Procedure of the Russian Federation).

Last update February 2019

When there are minor children in the family, and parents make a decision to divorce, after the divorce, one of them should pay alimony. Usually a mother remains with children, and his father takes responsibility in the content of children. If the parents agree "lovely" and the appropriate agreement is concluded, or in the event of a court decision on the payment of alimony, the father ignores these documents, arrears of alimony is formed.

This article will help you figure out how to recover the arrears of alimony.

Subtleties of enforcement proceedings

After the executive production was initiated (you must file a statement about the initiation of production and attach a copy of the court order), the debtor receives a copy of the relevant ruling from the bailiff. If the debtor does not pay for the required amount specified in the decision during the day, then this amount is considered to be arrears in alimony.

At the same time, the subittode sends the agenda to the debtor, to conduct an explanatory conversation for the debt repayment process. The agenda contains the requirements for payment of alimony, taking into account the debt and the provision of the debtor as much as possible about himself. At the same time, the bait starts searching for the debtor's property, for this he distributes letters with requests to the following instances:

Traffic police;
To organs state registration real estate rights;
Tax inspectorate;
GUVD, in the department of the reference bureau;
Pension Fund of the Russian Federation, Regional Office.

If the ability does not make information about the location of the debtor, the performer, for a three-day term, announces his wanted list.

How to help bail in search of the debtor?

If you know information about the possible locations of the debtor or you know people who can enjoy such information, you can refer to the contracting executor.

This statement is compiled in free form. In the "cap" you indicate the position of the artist and his name, then write your data, including the contact phone number. In the text of the application, you specify all the information about the places where the debtor can be.

Approximate text version:

"In the framework executive proceedingsexcited by Decree No. 1 of 01.06.2019, my ex-husband Ivanov Ivan Ivanovich was wanted. I have information about its possible place location and inform these information to help consequences. According to me known to me, he may be in the apartment of his cousin FULL NAME, at the address (specify the address), or in the private house of his aunt name, at the address (specify the address). Also, from our common friend FULL NAME (contact phone), I received data that Ivanov Ivan Ivanovich could be in the apartment of his employee name, at the address (specify the address) "

If you received information from acquaintances, find out in advance from them, can their data be used to reflect in the application. Perhaps in the future, the absence will want to clarify any additional information from them.

Writing a statement, be sure to make it a copy and register it in the reception. At the copy will put a mark on the adoption, date and signature of the captured person.

This may be useful if the bailiffs do not take anything to recover the alimony debt.

How to make the bailter work?

There are several reasons why the execution of your business is not shifted from the place:

The attractive executor elementary lacks practical experience;
It is loaded by affairs and simply does not have time;
And, unfortunately, the most common case is a bribe. The abill gets from the debtor monetary remunerationFor nothing to do anything.

In any case, if it does not matter, you need to file complaints to the superior leadership of the bailiff. To begin with, you write a statement in an arbitrary form, where you indicate that a law defined by law, a two-month period, has long passed, and the abill has repeatedly extended it, without any reason.

The application with a complaint is filed in the following order (if your person to which you appeal, ignores the application or "descends it on the brakes", you are submitting it to the following instance):

Senior bailiff;
The main bailiff of the subject of the Federation;
The main bailiff of the Russian Federation.

Tip: If you reached the second instance, it will not be superfluous to duplicate the complaint about the inaction of the baits, and they are already two - the performer and senior bailiff, in the prosecutor's office. In parallel, you can write an electronic circulation on the site http://fssprus.ru/form/, there is a special, intuitive form.

Now that you know where to apply, if you do not pay alimony and how to stimulate the bailiff for work, let's consider where these cash payments come from.

Property of alimony

Usually, alimony is paid through the holding of certain money from the debtor's wages. This occurs in the following proportions: 25% of the income per child, for two children - 33%, on three and more - 50% of wages. But sometimes, cash earned by the Father, is not enough for the payment established by law, maintenance for children. In this case, the law draws attention to the personal property of the debtor.

The procedure for its recovery is determined by Chapter 8 of the Federal Law "On Enforcement Proceedings" No. 229-FZ of 02.10.2007 (hereinafter referred to as the Law 229-FZ).

If there was a way to pay off debt on alimony, due to the property of the debtor, there are two options for events (part 1 of article 69 of the Law 229-FZ):

The property will be implemented, in the amount of covering debt, the Father himself, or transferred to them in nature, children of children;
The property will be seized by bailiffs, sold, and the revenue amount is transferred to the mother of children.

First of all, the bailiffs pay attention to the funds in national or foreign currency, bank accounts, Deposit Cells. If this property is not enough, then any valuable property is considered for withdrawal. The debtor can offer the performer, impose a penalty for some particular property, first of all. However, the final determination of the queue of the recovery of property is carried out by the attractive (part 2-5 of Article 69 of the Law 229-FZ).

Penalty as the method of stimulation of the debtor

If, divorced spouses came to an agreement on the payment of alimony, they concluded a notarial agreement, but debt was formed on payments, then the mother has the right to receive a penalty, in the amount established by this agreement.

If the payment of alimony was appointed in a compulsory, the court, then the debt was formed, then in this case the mother may apply to the court with a statement to recover a penalty for aliminal payments. The size of the penalty is determined by Art. 115 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) is 0.5%, daily accrued on the amount of alimony debt.

Example: The court ordered an alimony payments that make up 25% of the debtor's salary. In his certificate of income it is indicated that wages are 20000 rubles per month. Thus, a monthly aliminal payment will be: 20000 x 0.25 \u003d 5000 rubles. The court ruled, to start an alimony payments from 01.02.2019. At the time of definition of debt - July 01, 2019, it was: 5000 x 4 months. \u003d 20000 rubles. We calculate the penalty:

On March 1, 2019: 5000 x 31 day x 0.5% \u003d 775 rubles
On April 1, 2019: (5000 + 5000) x 30 days x 0.5% \u003d 1500 rubles
On May 1, 2019: (5000 + 5000 + 5000) x 31 days x 0.5% \u003d 2325 rubles
On June 1, 2019: (5000 + 5000 + 5000 + 5000) x 30 days x 0.5% \u003d 3000 rubles

Total for 4 months, the penalty will be 7,600 rubles.

The penalty does not have the statute of limitations for recovery, so you can apply to court at any time. But it is better to do this with a small periodicity, as the huge amount of penalties is unlikely to help resolve the cause of alimony debt.

The fact of achieving the child of the majority does not take away the right of the mother, to apply to the court to recover a penalty.

Additionally, under Art. 115 of the RF IC, it is possible to refund the compensation of incurred losses that were caused by the fact of non-payment of alimony. But this is a very complex process that requires confirmation of the connection between losses and arrears in alimony.

Example: Combination confirming losses caused due to non-payment of alimony can be a depositically designed to purchase some necessary things for a child, but not paid completely due to alimony debt. Such a deposit must be tied to the deadlines for making alimine payments.

There are circumstances, upon whose occurrence, the debtor cannot pay alimony. Confirmation of these facts in court may serve as a basis for a decrease in the amount of debt, as well as to refuse to accrual a penalty. These include:

Long, severe debtor disease;
Vacation at work, due to the lack of funds from the employer, to pay for labor;
Circumstances in the family that impede payments and so on.

If nothing has happened, the penalty was accrued, and the amount of debt was recorded, but the father does not pay a long time for a long time, it can be attracted to criminal responsibility under Article 157 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation).

How to deal with malicious defaulters

Treat criminal liability for non-payment of alimony

As indicated above, the responsibility for malicious evasion from the payment of alimony is provided for in Article 157 of the Criminal Code of the Russian Federation. Whatever responsibility has been appointed, the fact of "maliciousness" of evasion is important. Arbitrage practice Allocates several events that make evasion with malicious:

Change of accommodation places in order to evade the payment of alimony;
Reducing actually received income;
In the absence of work - evasion of employment through the employment center;
Announcement of the debtor wanted;
If alimony debt exceeds the term of 9 months (based on practice, the term "significant debt" is used to this term);
If the bailiffs made a warning about the possibility of criminal responsibility, but no payments are not carried out.

If the debtor was brought to criminal liability, he may be appointed 1 of 4 species of sanctions:

Up to 1 year of correctional work;
120-180 hours of mandatory work;
Up to 3 months arrest;
Up to 1 year of imprisonment.

And even the very fact of the existence of a criminal record can significantly ruin the reputation of a person, as well as to limit some of its rights, for example, the right to travel abroad (the ability can temporarily limit this right, even without a criminal record, as the method of stimulating the debtor to make payments).

Important! Attracting criminal liability is possible only under the condition that the payment of alimony was appointed by a court decision. Subject to the conclusion of the notarial agreement between the former spouses, the responsibility is provided for by the agreement itself.

Attracting criminal liability under this article is the basis for initiating the procedure for depriving parental rights.

Treat the deprivation of parental rights for non-payment of alimony

The initiation of such a procedure is possible, provided by the mother to the court of claim and a certain package of documents, which includes (if there are several children in the family, for each child will be their judge, deprivation of parental rights at once in several children - is unacceptable):

Certificate of the birth of a child;
A document confirming the dissolution of marriage;
Help with a training or preschool institution that the child visits, that his staff did not see how the child's father leads, takes it, participates in parental meetings and so on;
The testimony of several witnesses (neighbors, relatives, friends), compiled and signed, as a rule, employees of the Jeep or HOA, that the Father does not participate in the life of the child;
The certificate of the size of the alimony and the period of debt on them (issued by the bait).

After filing all necessary documentsThe court will decide on the deprivation of parental rights, on the basis of all applied evidence and testimony.

Some time after the deprivation of rights, the father can restore them, also through the court. This requires enough good groundsSupported with substantial evidence.

Go to the collector agency

If the amount of debt is already quite large, and bailiffs can't or do not want to help you, you can try to contact collector agency. Of course this option should be viewed as the last remedy, because the collectors take quite large commission for their services. Collectors work either repurchase debt, or help in its receipt for 25-40% of the amount imposed. The law prohibits the transfer of rights to alimony to other persons, so collectors are likely to buy debts will not be offered to help you in its recovery.

If the husband pays an incomplete monthly amount of alimony

In this case, the submarine amount is credited to the account of the debt, and the mother needs to carry out the actions applied to such a situation. They are described above. Including, apply for the accrual of a penalty.

If the husband rewrote all the property on his parents and does not work

If the husband does not work, then it is necessary to submit an application to, describe this fact, and it will find out why the husband is not officially employed and is not even registered with the employment service (after all, the amount of unemployment benefits also falls under the deduction to alimony). If the husband has rewrote all the property left after the divorce section, on its parents, then the property cannot be imposed on this property.

The only option is if he rewrote the property after the court decision on the appointment of the payment of alimony, one can try to prove this fact as malicious evasion from paying alimony. But this is a rather complicated procedure and a lawyer needs consultation for each specific case.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions for several days. However, carefully read all the answers to the article, if there is a detailed answer to such a question, then your question will not be published.

Article 107. Family Code of the Russian Federation - terms of appeal to alimony
A person who has the right to receive alimony has the right to apply to the court with a statement on the recovery of alimony, regardless of the term, which has expired since the emergence of the right to alimony, if the alimony was not paid earlier by agreement on the payment of alimony.
Alimony are awarded from the moment of appeal to the court.
Alimony in the past period can be charged within the three-year period from the moment of appeal to the court, if the court found that before appealing to the court, measures were taken to obtain funds for content, but the alimony was not obtained due to the evasion of the person who was obliged to pay alimony from their payment .

Article 102. FZ "On Enforcement Procedure" Procedure for the recovery of alimony and debt on alimony obligations
1. With an increase in the subsistence minimum, the bailiff, as well as an organization or other person who is sent in the case of the established part 1 of Article 9 of the Federal Law "On Enforcement Proceedings", the executive document, produce indexation of alimony divided into a solid monetary amount, in proportion to the increase in the subsistence minimum for the relevant socio-demographic group of the population established in the relevant entity of the Russian Federation at the place of residence of the person receiving alimony, in the absence of the specified value in the relevant subject of the Russian Federation in proportion to the increase in the subsistence minimum for the relevant socio-demographic group of the population as a whole in the Russian Federation. These indexations, these persons are obliged to publish an order (order), and the bailiff is obliged to make a resolution.
2. The amount of alimony debt is determined in the ruling of the bailiff based on the size of the alimony established by the judicial act or the agreement on the payment of alimony.
3. The amount of arrears in the alimony paid on minor children in the debtor's earnings to earn money is determined on the basis of earnings and other revenue of the debtor for the period during which the recovery of alimony was not produced. If the debtor during this period did not work or did not provide documents on his income during this period, the alimony arrears are determined based on the size of the average wage in the Russian Federation at the time of the recovery of debt.
4. In the case when the amount of debt on the alimony defined by the bailiff violates the interests of one of the parties to the enforcement proceedings, the party whose interests are violated, have the right to apply to the court with a claim for determining the amount of debt.
5. The executive fee for non-payment of alimony is calculated and charged with the amount of each debt separately.
6. In the case of malicious evasion from the payment of alimony, the debtor can be criminally liable in accordance with the legislation of the Russian Federation. In any case, the debt will have to pay.