Debt collection on alimony in court. Why arrears of alimony arises and how to recover it

Each of the parents is obliged to contain their a minor child Until the age of 18 years of reaching. When divorcing funds in the form of alimony should come to the account of the parent, with which the child's place is determined. But quite often the defendant is in no hurry to pay money for the maintenance of the child. At the place of registration, he does not live, about the official place of work silent, incomes hides, the meeting is not, the phone calls ignores. What to do in such cases? How to recover arrears in alimony? With what sanctions can be affected by a non-payer?

Procedural time when repaying the debt on alimony

The recovery of debt on alimony should be distinguished from the recovery of alimony over the past periods. It is formed when a notarized agreement is concluded or a court decision has been made to recover money The maintenance of the child, but on the fact the alimony on the basis of these documents was not paid. It implies the case when a person who has the right to receive alimony has not appealed to the lawsuit.

Duty to form for various reasons. These may be deliberate manipulations of the debtor - concealment of income or property, disagreement of the place of work, etc., the fault of the recipient is the failure of the executive document into the bailiff service, the failure to change its place of residence, refusal to receive alimony. The formation of debt may affect the circumstances independent of the parties: the debtor's disease, the insolvency of the enterprise, on which the defendant works, find the debtor or a recoverer on the territory of hostilities, places where the emergency is announced.

If it was not formed not due to the fault of the defaulter, the period, within which the debt is to be repayable, is a 3-year period directly preceding the presentation of the executive document to recovery. If the debt for alimony was formed by the fault of the debtor, the debt should be charged over the entire period during which the alimony was not paid.

The procedure for calculating alimony debt

The amount of debt amount is calculated:

1. Based on the wages and other income for the periods in which their recovery was not carried out.
2. If the debtor does not documely confirm his income, the debt is due to the size of the average monthly salary in Russian Federation At the time of determining the debt. The moment of definition of debt is the date of the decision on.

In practice, the debt on alimony should be constantly recalculated, and the ruling should be made at least 1 time in 3 months by a growing outcome.

For example, when submitting such a resolution in September 2012, debt was calculated based on the size medium salary In the Russian Federation for September 2012. If during the past period, the debt recovery was not or partially produced, then in June 2014, an employee of the bailiff service, when calculating the total amount of debt, should proceed from the average wage as of June 2014.

1. If the debtor leads individual entrepreneurship, the bailiff must be requested from him tax DeclarationIn accordance with the data of which will be calculated by debt. If IP applies a simplified tax system, sleep should be focused on source documents financial statements (overhead, cash holders, checks, etc.). If the debtor refuses to submit primary documentationThe employee of the service makes calculation on the basis of the average salary in the Russian Federation for a specific period.
2. In violation of the interests of any of the parties, it may contact judicial authority with a statement about determining the amount of debt in a solid monetary amount. This amount must be determined by the court, taking into account the maximum possible preservation of the previous level of ensuring the child, the financial situation of the participants in the process and other specific conditions.

The correct procedure for the SPE action when recovering alimony debt

It should be noted that to act only with the help of their forces in the question of the recovery of aliminal debts is unprofitable and unpromising. In this case, the procedure should be like this:

1. You contact bailiffs with actuator sheet and write a statement on the prescribed form. If you have entered into a voluntary agreement, and the former spouse does not fulfill his conditions, it is not worth worrying. It is accomplished strictly as any judicial decision. Do not forget to attach a package of all necessary documents: Passport, childbirth certificate, etc.
2. Upon receipt of the Executive document, SPI is obliged to initiate executive proceedings within 1 day. Unlike other debt obligations, documents for the recovery of alimony are subject to immediate execution, and the deadlines are not provided for the requirements of voluntary order.
3. After the excitement of the enforcement proceedings, SCH should make the actions provided for by law to detect the property and revenues of the debtor. As a rule, such actions may relate:

• challenge a non-payment for reception;
• inquiries in IFTS, MREO, pension Fund, Rosreestr to identify financial means and property of the debtor;
• exit to the address of the defaulter;
• overlay arrest on property;
• announcement of a defaulter wanted if there are no data on his place of residence;
• decision on the temporary restriction of the debtor's rights to travel outside the Russian Federation.

It should be noted that it should be executed in a 2-month period, and the more you will monitor the activities of the executive bodies, the higher your chances of the timely recovery of the amount of alimony debt in full. Fix the bailiffs service to the implementation of relevant activities for a mark or by registered mail. When tightening the deadlines and ignoring mandatory procedural measures, you have the right to appeal the inaction of the service employee in the leadership or in court.

How the alimony arrears are charged

1. The direction of the executive list at the place of work of the debtor. Alimony should be held almost from all types of income. The exceptions are payments related to the compensation for harm to health, with the birth of a child, the death of a relative, marriage, and others. Read more with the list of these income can be found in Art. 101 FZ №229. Also, according to Art. 138 TK RF and Art. 99 of the above law fixed restrictions on maximum size Retention of salary. For example, if several executive sheets came to the employee, hold on them should be divided proportionally for each executive document and should not exceed 50% of wages. However, the challenger of alimony should be aware that when paying such a debt, the amount of deductions can reach a maximum of 70%.
2. Recovery from the account of the defendant. If the non-payer did not provide data on the place of work, but has an open account in the bank, alimony can be written off from his account. On this account must be imposed arrest to full repayment Debt and penalty amounts.
3. The arrest and realization of the property of a non-payment. Debt can also be recovered by selling the property of an alimenter, its car, household appliances etc. Help in the detection of this property can be as a recoverer and bodies, upon request, providing information about the property available in its property.

Responsibility for non-payment of alimony debt

The debtor does not work, accounts in the bank does not have, the property is diligently hidden. These are the most difficult, but often encountered cases in judicial practice. How to recover arrears in alimony in such a situation?

Do not forget that paying alimony obligations and ensuring your children is the civilian duty of every person, and it is written off only if the child's death or the payer of the alimony. To stimulate the debtor's desire to pay debt for alimony, the measures of administrative and criminal liability described below are provided.

Attracting criminal liability (part 1 of Article 157 of the Criminal Code of the Russian Federation)

The malicious evasion of one of the parents from the payment of alimony on minors and children who have reached an eighteen-year-old age, but recognized as disabled, shall be punished with compulsory work for a period of 120 to 180 hours, or correctional work for up to 12 months, or arrest for up to 3 months or imprisonment for up to 1 year. To recover alimony, the debtor can arrest and forcibly make working to pay off the resulting debt. In order to attract the debtor to criminal liability, it is necessary for 3-4 months. If the debtor pays even meager sums, in the initiation of a criminal case, most likely will be denied. In this case, you can resort to other measurements of responsibility. If you really do not really receive alimony for a long time, and in the initiation of the criminal case you were denied, this decision can be appealed. Please note: to initiate a criminal case, a court decision is needed, a voluntary agreement in this case will not suit.

In the formation of debt from a non-payer, penalties can be charged in the amount of 1/2 percent on the size of unpaid alimony for each day of delay. That is, in addition to the debt, you can declare the size of the penalty and go to court. In addition to the penalty, the recoverer may be compensated for all delay caused by the delay, not covered by the amount of the penalty.

These losses may be formed due to the need for the actions of the recipient of alimony aimed at ensuring its livelihoods during the non-payment of aliminal payments (cash flow under interest, forced sale of property at a low price, etc.).

Deprivation of parental rights

This procedure is produced only in court with the participation of the prosecutor's office and the guardianship bodies. A person in respect of whom the process is being conducted, loses all rights, including the right to receive alimony from a child, as well as the rights to benefits and benefits for citizens who have children. But this procedure does not relieve the parent from paying alimony.

The child preserves ownership or use residential premises And all property rights, including to receive inheritance.

How to recover debt by alimony if the child turned 18 years old

To collect alimony arrears in this case, it is necessary to contact the territorial department of the bailiffs, which contains production under the executive document, and obtain a decree on calculating debt, where the final amount of debt must be fixed. After this it is necessary to come to court at the place of residence with a statement about the recovery of debt. From now on, the recoverer will be the age of adulthood. Next, you need to visit the maintenance service with a new judicial decision. As before, the bailiffs must initiate enforcement and carry out all possible actions in order to recover the debt.

If the bailiffs returned the executive document with the act of impossibility of recovery, after 2 months it is necessary to prevent them with a sheet again. The deadline for the executive list expires 3 years after its last presentation. That is, with timely handling, the executive list can be submitted an unlimited number of times before the recovery of the amount of debt. At the same time, it is not forbidden to clearly control the executive actions, and in the case of their incommodation or incompleteness to contact the higher authorities. In parallel, you can try to attract the debtor under Part 1 of Art. 157 of the Criminal Code.

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First of all, the "alimony", evading his duties, should be ready for regular visits and written warnings from bailiffs. It is possible that at the place of residence of the defaulter for the company with bailiffs, the recipient of the alimony can appear - the law gives it the right to initiate and participate in the process of recovery of alimony. What threatens the non-payment of alimony in Russia? What awaits him?

1. One of the most simple and effective measures of impact on the debtors - deprivation of the rights management of the vehicle. The law that makes it possible to deprive the driver's license for non-payment of alimony in the amount of more than 10,000 rubles, entered into force - January 15, 2016. Moreover, the bailiff has the right to endure the appropriate decision without appealing to court - only the court decision will be enough to impose alimony obligations and the fact of alimony debt. Within 5 days after the decision of the resolution, the driver's license should be submitted. It will be possible to return them only after the full payment of debt and the provision of receipt.
2. Not so long ago there was a law prohibiting non-payers return abroad. This restriction applies to debtors until the debt is fully repaid. It is said that at some airports have already installed special terminals through which the amount of debt can be paid. True, it is even thus not always able to solve the problem, because the transfer of funds does not occur instantly. It is better to take care of the absence of debts in advance.
3. For every day, the delay in aliminal payments is charged polya. This means that when improper payment of alimony total amount Debt increases.
4. Fine up to 100 minimum wages - a punishment that threatens for non-payment of alimony if the payer hid his income.
5. Very effective punishment for malicious defaulters of alimony corrective work (up to 12 months) or public Works (from 20 to 180 hours).
6. One of the most severe penalties - arrest (up to 3 months) and deprivation of liberty (from 1 to 3 years);
7. Deprivation of parental rights.

Speaking of criminal liability, it should be remembered that it applies only to persons guilty. The malicious defaulter does not pay alimony for more than 4 months, changes the place of residence or hidden from the recipient of alimony and bailiffs, hides or injecting his income, ignores the decision of the court on the recovery of alimony and debt, has a debt on impressive alimony. More about criminal liability for non-payment of alimony can be read in the article ".

By the way, on the negligent "alimer" can be assigned at the same time several types of punishments. For example, besides the principal amount of debt, he will pay a penalty (for each day of delaying aliminal payments), a fine - if he hid his income, providing infant information about the place of work and wages. He may be a ban on departure beyond the country, on his bank accounts And property is arrest. In some cases, he may be charged with a criminal offense - malicious evasion from paying for alimony.

When for non-payment of alimony, nothing threatens?

Although the law allows the recipient of the alimony and the bailiff to initiate the process of attracting the debtor's alimer person to justice (including criminal), in certain circumstances it is not allowed. For example, if ...

• the payer of the alimony lost his job, but stood up in the center of employment and conscientiously looking for a new job;
• the payer of the alimony was sick, in connection with which he suffered significant material expenses;
• the payer of the alimony did minimal alimony transfer over the past 4 months;
• the reason for non-payment of alimony is a salary delay at work;
• bank (Accounting) did not transfer monetary sum Or did it inexpressive;

If a non-payer proves that his faults in non-payment of alimony is not, the court will free it from paying alimony and penalties for the specified period.

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Punishment for non-payment of alimony can touch any payer. Sometimes, a person performs his duties, but a mistake with the transfer of funds puts it in the category of debtors, and sometimes malicious defaulters. Understand the situation and understand how not all people can act further. Especially if you have a driver's license or arrest bills in the bank. How to be in a difficult situation?

Entered B. legal force The court decision on the recovery of alimony also suggests that the alimony will be paid properly and that never forms large debt by alimony. As a rule, debtors are trying in every way to hide their income and their actions or inaction form unpaid amounts.

In this case in russian legislation There are mechanisms and ways to solve the problem of debts formed executive production, in particular alimony. Depending on the events that precede the education of debt, the parties of the legal relations are guided by the provisions of the Family Code and the Law regulating the process of execution of the production of bailiffs. Including, for evading the payment of alimony, it is possible to attract criminal liability.

Causes of large debt on aliminal obligations

According to the information obtained during the consideration judicial practiceMixed four main reasons for the emergence of significant alimony debts:

1. Intentional actions of the debtor, in every possible way hiding its income and property - this item includes incompleteness about the change of residence, work;
2. The action of force majeure, expressing in the disease of the debtor or complex material situation - in this case, documentary confirmation is required;
3. The action or inaction of the charter, which is expressed in the failure to submit information about accounts and details for transfers;
4. Error accounting workers of the enterprise in which the defendant is employed in the case of alimony. As a rule, it is an incorrect calculation, significantly reduced under the required amount;

A large debt becomes the result of such actions, which will later negatively affect the debtor.

In the case of a recovery of big debt on alimony, time of limitation Not applicable. That is the opportunity to file statement of claim About the penalty, forced recovery or handling of property is present at any time.

The required rule remains the need judicial decision On the establishment of a responsibility for the recovery of alimony. A similar statement of claim can be submitted before the child's occurrence of 18 years, while setting the period from which retention will be carried out should not exceed three years.

In case of legal establishment, the requirements of the charter will be controlled by bailiffs and to require their execution it will be easier.

What you need to take a beneficiary

If the debt continues to grow every day, and the bailiffs do not act, it is necessary to reveal what to do in this case, but to try to start cardinal measures to begin soon:

1. Apply to the bailiff with a statement about familiarization with the executive production. When signs of inaction detecting, it is necessary to send a complaint to the management of this unit, or to the prosecutor's office. But if it turns out that the ability to have exhausted the possibilities of its powers and to collect funds under production is impossible, the applicant sends an appeal to calculate the amount of debt;
2. With the calculated calculated bailiffsappeals to court with a claim for forced recovery and calculation and paying a penalty. The instance is determined based on the amount of debt. If the debt does not exceed 50,000 rubles, this dispute refers to the jurisdiction of world judges, in other cases - urban and district courts;
3. We obtain a court decision on the satisfaction of the requirements and with the executive list reappearing the contracting executor. At the same time, we act precisely on the calculation of the forced recovery with the possibility of the arrest of property, its sale with bidders or transfer to the recoverer.

How to act a defendant for aliminal obligations

The question of what to do to the debtor, if a large debt was formed as a result of his actions or inaction, it arises quite often. Fearing responsibility, many forget about simple: if there are no guilt in debt, look for the reasons why it appeared. As a rule, if the debtor wants to reduce the amount of debt, which was not formed by his fault, he must submit the following documents to the court:

• income certificate;
• certificate of accounting of calculations - if they were the cause of incorrect accruals;
• medical certificates regarding health problems interfering with work.

At the same time, the debtor may require to reduce the amount of the amount of debt or cancel it at all.

In addition to civil controversial relations, administrative and criminal offenses also exist. In the event of a maliciousness of non-payment for the debtor, first can apply penalties, and then imprisonment.

Consider in more detail what can lead to a similar situation:

1. Administrative responsibility for the inconsistency of the information necessary for the normal course of enforcement proceedings. This includes: disagreement of changing the place of work and residence, change in income.
2. Criminal liability, the involvement of which occurs in four consecutive stages:
   • Detection of debt, the size of which for the recoverer is significant. After that, the applicant claims to pay the bailiff on the settlement of debt and the debtor's direction to pay the debt under the threat of criminal liability;
   • With the inaction of the debtor, within the next 6 months, the applicant re-performs the actions provided for by the previous paragraph. Doing nothing more should be done if only as a security measures to be arrested on the property of the debtor;
   • With repeated inaction of the defendant for the executive production, the bailiff is obliged to publish a report on the detection of signs of a crime. In this regard, all materials associated with debt are sent to the Department of Internal Affairs to investigate.
   • During the consideration of the criminal case, the applicant has the right to submit a civil lawsuit that will also include a penalty, forced recovery with an appeal to immovable and movable property Persons who will already be in the status of the defendant.

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