How to find out alimony by last name. How to find out the debt for alimony

Today, more than half of the children who do not live with their own father. This is not only the result of married couples who divorced, but also children born out of wedlock. Article 80 of the Family Code obliges a parent who does not live with his child to pay regular maintenance payments until the age of majority. But the statistics say otherwise. Conscientiously pay alimony only a quarter of men. The rest recognize this fact and deliberately evade payments for various reasons, or hide from the forced collection of alimony. The mother has no choice but to bring the alimony payer to justice. If he is, then there is nothing left but to put on the wanted list. How to do this, in what ways can a malicious defaulter be found, and what is the law for this?

This is a problem not only for the non-paying father, but also for the mother. In order to force the alimony payer to pay off the debt, who does not get in touch and does not live at the place of registration, you must first put on the wanted list. The purpose of the search is to establish the place of residence of the malicious non-payer and bring him to justice. What do I need to do?

Contact the bailiffs. You need to have a document confirming the legal basis for the payment of alimony - a court order or a voluntarily signed notarial agreement.
Write a statement according to the model about the presence of arrears in maintenance payments, as well as the father's evasion of his obligations.
Judicial proceedings are opened on the basis of the application.
For 3 days, the case starts.
The application must indicate that the whereabouts of the debtor is unknown and he does not get in touch in order to immediately initiate a search based on these data. If earlier enforcement proceedings have already been initiated to collect debts, then the previous paragraphs do not need to be followed.
Then search activities begin, with the participation of other executive services.

After the application is taken for consideration, the bailiff is obliged to draw up a notice for the alimony payer in order to put him up to date with the start of legal proceedings to recover the debt from him. The official explains the rights and obligations of the debtor, as well as the responsibility that will be imposed on him by law - administrative or criminal. If it is not possible to find the parent according to the last information indicated, then a search is announced. The search begins from the moment the bailiff signs the decision and transfers it to the internal affairs bodies.

Federal Law No. 229 deals with the issues of court proceedings on the recovery of alimony arrears from a parent.

Application Form

To start search events to find the alimony payer, you must file an application with the court after you have previously applied for the collection of alimony arrears.

In the petition, it is necessary to describe the amount of the debt, possible contacts with the father, the period of non-fulfillment of your obligations, how long ago the last time you communicated with him. In addition, indicate all the useful information that will help in the search: place of work, phone numbers and addresses of relatives, acquaintances, friends, and other information. The application itself must clearly indicate the request to search for the persistent non-payer and bring him to justice.

Search for a debtor through the FSSP

After considering your application, the bailiffs make a decision - positive or deny the claim. If the decision is made, then documents and a number of measures are prepared for conducting search operations. First, the court must notify the alimony payer of the commencement of this proceeding. The papers are sent to the place of its registration or the place of actual residence, regardless of whether the defaulter is located at this address. This is a mandatory measure, even if it does not help solve the problem.

After a certain time, if there is no answer from the father, the bailiff service should start searching. Initially, they are guided by the information indicated in the lawsuit from the mother, on the basis of which it is possible to find a defaulter - contacts of friends, relatives, former colleagues. In the absence of results, FSSP employees turn to the following organizations:

Pension Fund. If the alimony payer got a job officially, then deductions will go on it, as a result of which it will be quite easy to find him.
Tax. Through the tax service, you can track the payments made, as well as their regularity, the place of sending, the recipient.
Bank. Banks can be asked for information on the availability of banking products issued in the name of the non-payer of alimony, if any, this gives a chance to establish his whereabouts.
traffic police. Here they check the presence of a car registered in the name of the parent, as well as possible fines for the last time if he was not driving his own vehicle.
Rosreestr. Through the registration authorities, you can find out about the presence of your own property. This information will be needed not only to track the place of residence of the alimony payer, but also for the purpose of further assessment of debt recovery.

Sometimes the plaintiff, in a hopeless situation, turns to the services of a private search.

Considering the rather large list, there are many ways of leads, with the help of which you can not only obtain new information about the malicious defaulter, but also establish its new location. Very often, a parent who is hiding from alimony payments himself is announced when, after providing information about his property, bailiffs make an arrest and assessment. And if he continues to hide further, then the sale of property can be used to pay off the alimony debt. Therefore, you should not be negligent about this issue.

Search period

The task of finding the defaulter falls on the shoulders of the internal affairs bodies, so the bailiff sends the decision to the police for execution. With regards to the period of search for the alimony payer, the law does not provide for any restrictions. But if there are no leads and results for a long time, then the case may be terminated for lack of the necessary information about the whereabouts of the defaulter. In this case, the writ of execution is returned back. If necessary, or if new information becomes available, you can reapply.

If the debtor was found

According to the Criminal Code of the Russian Federation, article 157, the debtor for maintenance payments may be held administratively or criminally liable if they refuse to repay the debt. What does criminal and administrative responsibility mean for a non-payer of alimony.

Administrative. If the alimony payer knowingly reports his wrong location, place of work, deliberately evades payments for more than 6 months, then at first administrative restrictions are imposed on him - fines, the inability to leave the country, deprivation of a driver's license.
Criminal. If the alimony payer hides and evades the duties assigned to him for more than 12 months, then he can be held criminally liable, but only by a court decision. As a criminal liability is understood the deprivation of liberty or the performance of forced labor for up to one year, while with the right to compensate for the accumulated debt.

If a debtor is found, the above actions can be applied to him in court. In addition, as we have already said, with a large amount of debt, bailiffs can seize the property of the defaulter, and in the absence of any action, realize it and cover the debt to the mother. Thus, in practice, the situation is very difficult, but one should not let an unscrupulous father unwillingness to support his child. The payment of alimony is not a whim of the mother, but an obligation of any parent, which is controlled at the legal level.

bailiff-executor
Bezhitsky district department of bailiffs
V. A. Vereshchagina
Bryansk, st. Ulyanova, 34
creditor Marchenko S.V.
Bryansk, st. 3 International, 78-12
contact/tel. xx-xx-xx
Petition for measures to eliminate debt
On the basis of a writ of execution issued by the Magistrate's Court of the Bezhitsky District of the city of Bryansk dated 12.06.2012 gr. Marchenko V.V. is obliged to pay alimony in the amount of 1/4 share of the income for the maintenance of a minor child, Marchenko I.V., born in 2005. Since October 2018, the debtor was dismissed from the place of work of StarGum LLC due to staff reduction, maintenance payments were stopped. To date, I do not receive the funds due in favor of my son, the debtor does not answer phone calls, and is absent 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 RF IC, I ask you to calculate the debt that has developed over the period of non-payment for the debtor Marchenko V.V., and take measures to eliminate it.
08.05.2019 ____________ 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 narrowly - since before bringing the debtor to criminal liability, it is necessary to apply milder penalties to him, which in most cases help to induce the alimony to pay off the resulting debt.

Recovery of a penalty (penalty) for delay through the court

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

It is possible to collect a penalty for late maintenance payments on your own in the amount of 0.1% of the debt amount for each overdue day(Art. 115 RF IC). In order to recover a forfeit from the alimony payer, the recoverer must:

make sure that the debt arose in the absence of good reasons for the defendant;
file a claim with the tribunal "On the recovery of a penalty for late maintenance payments" at the place of residence of the plaintiff or defendant (according to Article 29 of the Code of Civil Procedure of the Russian Federation).

If alimony is collected on the basis of a notarial agreement, then the amount of the penalty is determined the terms of this document. If payments are made on the basis of a court decision (a writ of execution), then a penalty of 0.1% is calculated for each day of delay.

Conscientious alimony payers are only a quarter of the divorced male population. The rest of the representatives of alimony have to apply coercive measures to collect child support.

How to find out about child support debt

Alimony debt can arise for a number of reasons:

deliberate ignoring the payment of the appointed amount on time for the maintenance of a minor;
incorrect accrual from the place of work;
troubles in life that caused the late issuance of the agreed payment for maintenance, associated with the loss of the father's legal capacity;
not knowing the whereabouts of the spouse and child.

Attention! The presence of arrears in the payment of alimony limits the alimony to leave the country due to unfulfilled official duties, therefore, the debtors for alimony can not only see, but also verify the fact of their diligence remotely or personally through the executive services.

How to find out from the bailiffs about the debt on alimony

There are several ways to find out the amount of debt that should be paid for the maintenance of a child. The first way is through remote access - the Internet. This method allows you to contact the bailiffs through the online site where the database is located. When visiting her guest, it is enough to enter the full name and get the information of interest from anywhere in the world. It also allows you to find out information through the Unified Portal of Public Services or specialized mobile applications.

The second option involves traditional methods of treatment through bailiffs. To obtain information, alimony debtors of bailiffs by last name and first name must personally contact the territorial offices of the Federal Bailiffs Service, fill out a written executive application at the place of residence or apply for the provision of services by telephone.

Find out the debt when contacting the FSSP in person

You can find out about job responsibilities through a personal appeal. To do this, it is enough for the applicant to visit the FSSP at the place of residence or stay, providing an identity document of a citizen of the Russian Federation.

In the case of a personal appeal to the bailiff, the population is advised to know that:

you need to come specifically on the day of the appointment so that the specialist is at his workplace;
bring identification documents with you;
prepare for explanations about why the prescription of the debt has such a period, what reasons served for this, and you will also need a certificate-explanation, which is drawn up on the spot in the presence of the bailiff.

The advantages of this appeal are that the authorized employee will explain to the culprit how and on what documentary grounds the debt was calculated. In case of disagreement, the accused party has the right to challenge the decision and demand a reduction in the payment of debt obligations.

Attention! An official, if desired, can receive a sample resolution on the calculation of debt, which can be challenged or completely canceled if the cause of the debt is related to close relatives, family members or the life of the non-payer himself.

Personal reception by bailiffs

You can determine the exact amount of debt as follows: take a coupon to the bailiff and name personal data. This method is relevant for citizens who do not have access to the global network.

This option, despite a personal meeting, has a number of disadvantages, for example:

only the alimony or the person who receives payments has the right to know the total amount of the debt;
before visiting, it is necessary to book the expected date and time of arrival;
the presence of a live queue and the absence of an appointment.

Taking into account technological progress, bailiffs offer citizens to send a request online, the purpose of which is to officially inform the applicant that there is responsibility for the debt or use mobile applications (Ok, Vk, Google Play Market).

The listed modernized methods of verification are more priority than a personal visit, since by submitting a paper online, a citizen receives an official response indicating the amount of unfulfilled obligations to the child. This mechanism is bad only in that it takes up to 14 days to clarify the information.

Find out the debt for alimony in the MFC

Large cities of the Russian Federation are creating a network of multifunctional centers to simplify the system for checking debt obligations for the maintenance of a child to the Federal Bailiff Services. One of their main functions is not only checking debtors, but also providing state and municipal services to citizens. When contacting the centers, alimony debtors must come with a passport or an identity document (driver's license, pension certificate). The result of the certificate "debt on alimony" is prepared within 14 days. To receive the finished document, the applicant will need to re-appear at the MFC and provide a passport to a specialist.

Additional Information! Often, multifunctional territorial centers cooperate with the Federal Bailiff Services. Such cooperation allows Russian citizens to provide information on the current debt on alimony in a short time. However, only a bailiff is entitled to issue a ruling on the amount to be paid.

How to find out alimony debt via the Internet by last name

There are several ways to determine the total amount that must be collected for the maintenance of a minor by last name. The first way is to operate a remote service - the Public Services Portal. The second option is through the site. Here the user needs to select his region in order to remove unnecessary FSSP units. In the information systems tab, you need to find the subcategory "Bank of Enforcement Proceedings", then fill in the search fields with personal information by clicking the "Search" button, the applicant receives a list of unpaid contributions.

Information about FSSP debt

Verification through the official online website of the Federal Bailiff Services

The purpose of the site is to provide publicly available information about the FSSP and the work schedule of territorial bodies, as well as open access to publicly available information regarding enforcement proceedings and reducing documentary red tape between civil servants and civil subjects.

Let's consider this method in more detail. To find out your alimony debt using the site, you need to follow a certain procedure:

visit the site;
select which category of persons the user belongs to: an individual or a legal entity, search by the number of an individual entrepreneur or ID number;
search for the required territorial body. (This will help to discard unnecessary variations of the units of the service of the Federal Bailiffs' Services);
entering personal data;
pressing the "Find" button;
filling in the confirmation field in the form of captcha identification;
displaying the result on the screen.

Attention! This site is one of the accurate and publicly available sources informing citizens about the debt and performance of the FSSP. The operation of the remote site is based on Art. 4398, Art. 4202, Art. 3590, Art. 4160, Art. 4849; art.4739, art.4780, art. 4772 Federal Law of the Russian Federation. The head of the territorial body of the FSSP of Russia is responsible for the reliability and relevance of the information posted.

How to find out alimony debt through the State Services portal

The State Services portal offers to provide state Internet services to citizens of Russia. Its purpose is to provide information on the amount of maintenance obligations. The portal is protected by a security system, so the system asks users to enter SNIL and TIN to enter. For the full operation of the site, registration is required - this is the main condition for further work and obtaining the required information.

To view the debt, the user must carry out the algorithm of the following actions. Firstly, select the “Electronic Government” tab, click on the “Authorities” category from the entire list, then “Ministry of Justice” and here we select the “Federal Bailiff Service” Thirdly, to make sure that the user is not or vice versa belongs to the category of persistent non-payers, you should click on the "Get services" button and fill in the entry fields.

Gosuslugi portal

Checking child support debt using social networks

Of course, modern technologies do not bypass the legal spheres of activity. There are many applications involved in the dissemination of information related to enforcement obligations. For example, social networks such as Odnoklassniki and Vkontakte offer control over alimony debt. The advantages of these systems are regular updates that allow you to keep abreast of new products, a quick way to find out the amount of debt, and adjusting the amount of accumulated debt on performance obligations.

The Russian state is doing its best to bring to justice the persistent non-payers of alimony, who decided to leave their minor children to provide for their spouse. To them, the executive system applies forced measures to collect child support.

To quickly search for the accumulated debt to the family, the state suggests using traditional and modernized ways to search for information. The purpose of the branched system is to provide publicly available information about the FSSP and openly inform debtors about accumulated performance obligations.

Alimony relations between spouses are so individual that each case requires separate consideration. Moreover, the execution of a special agreement or the appointment by the court of payments in favor of a minor child are reasons that for some payers are not a mandatory basis for monthly maintenance payments. A person in whose care a child remains after a divorce must receive financial assistance from the former spouse in a timely manner. Otherwise, deductions are terminated, there is alimony arrears.

To protect beneficiaries of cash assistance from risks and unpleasant situations, the legislature has adopted a number of provisions. Such mechanisms come into force if the payer ceases to transfer alimony in a timely manner. Let's look at what protective methods a person who is raising a minor citizen has the right to use. The provisions of the Family and Criminal Code and the Law “On Enforcement Proceedings” will help us with this.

Reasons for debt

Evasion of the payment of alimony entails quite severe punishment. The appearance of debt is the reason to understand the current situation. It is necessary to analyze the grounds, identify the sources, and try to eliminate them. Based on a thorough investigation, a decision is made regarding the alimony.

In most cases, alimony arrears appear due to reasons such as:

intentional evasion of payment by the sender of funds;
the recipient hides his location or refuses to receive money;
the accounting department makes mistakes in the calculation of alimony and a debt arises.

Another reason is that the sender does not have the opportunity to transfer cash assistance to a minor child. For example, the state of health has worsened, family circumstances have changed, complications with permanent work have appeared (the level of wages has decreased).

Limitation period

Articles 107 and 113 of the RF IC define the term "limitation period". There is a peculiarity here. In relation to alimony, for which a debt was formed due to the fault of the payer, the limitation period does not apply. Therefore, the recipient of the payment has the right to apply for debt collection not only until the child is under 18 years old, but also after the age of majority. Each case requires detailed consideration. There are many factors that influence the determination of the statute of limitations.

Debt check on the FSSP of Russia website

To check the alimony arrears on the website of the bailiffs, you must visit the official website of the FSSP of Russia www.fssprus.ru and fill out the search form right on the main page.

Amount of debt

There are several options for calculating debt on payments in favor of a minor. The calculation is handled by the bailiff service. Specialists take into account the form that has been chosen to assign content. An important factor is the readiness of the alimony to interact with the recipient of funds.

Taking into account the above conditions, the method for calculation is determined:

share of income. If alimony was assigned in this form, then the maintenance debt is calculated based on information about wages and other sources of income. To specialists of the bailiff service, such data comes from the tax office or is provided by the payer. If the information is not available, then the calculation of the debt is based on the current size of the average salary in the country;
fixed amount. This option is less complicated. For the calculation, the value of the subsistence minimum in the locality where the case is being considered is taken. When this indicator changes, an adjustment is made.

Once again, we remind you that each case, which concerns the formed alimony debt, is individual. If there is a debt, then the recipient should not hesitate to contact the bailiff service. Experienced professionals will help resolve the issue in accordance with applicable laws.

What should the recipient do?

A person in whose care a minor child remains after a divorce must take a responsible approach to resolving issues related to the resulting alimony arrears. You should act depending on how the debt appeared. Let's consider the most common situation. The payer received a court decision on the appointment of maintenance.

Bailiffs on the basis of a writ of execution open proceedings. Its main goal is to identify the sources of profit of the alimony. If the payer is officially employed, then a writ of execution is sent to the place of his work. As a result, the accounting department of the enterprise will be obliged to withhold from earnings the amounts that are intended for the maintenance of a minor, and then transfer the money to the recipient's current account.

Another option is that the debt is formed due to incomplete or untimely transfer of alimony. The way out is to contact the bailiff service, namely the specialist in charge of enforcement proceedings. The expert has the right to apply enforcement methods to the debtor. Such methods include: the seizure of the property of the alimony; deprivation of the right to travel abroad; alienation of property in order to cover the resulting debt. On the side of the payer is the law on enforcement proceedings.

Useful video: alimony debt

There are situations, and there are many of them, when bailiffs are not able to ensure effective debt collection. The debt is growing. What to do? Exit - an appeal to the contractor in order to determine the amount due to a minor. The payer, who has a resolution with calculations in his hands, must send documents with a statement of claim to the Magistrate's Court.

A separate petition is the requirement for the judge to use debt security measures. When making a decision, the court will take into account all the circumstances, issue a decision to collect the debt, and change the amount of the monthly maintenance.

After completion of all procedures in the court, the person to whom child support is intended receives a writ of execution. On the basis of this document, the recovery can be directed both to the income of the payer, and to his movable and immovable property.

How should the payer proceed?

The payment of alimony is the responsibility of the payer. Evasion from the transfer of funds is a violation of the rights of the child and his mother. This is stated in the Family Code of the Russian Federation. If maintenance payments are noted in a bilateral agreement or appointed by the court, the payer is obliged to transfer them. Is there a good reason for not fulfilling obligations? Kindly prove that you can't send cash aid. If the reason is not valid, then it is simply necessary to fulfill the obligations!

Otherwise, it may be:

application of enforcement measures. The payer may lose property, which will be arrested and put up for sale, income, monetary assets. The released money will be sent to the recipient of alimony to pay off the debt;
opening of a criminal case. Malicious evasion of maintenance can lead to such consequences. Article 157 of the Criminal Code of the Russian Federation provides for the initiation of a criminal case, where the person who violates the law is the alimony payer.

Some debtors have objective reasons that prevent them from making payments on time and in full. For example, article 114 of the RF IC provides for the reduction or cancellation of debt in connection with a significant decrease in the income of the alimony. Even if the court made a decision in favor of the recipient, the defendant has the right to challenge it.

To perform such a procedure, you need to collect a powerful evidence base:

documents (MSEC certificate or medical report) confirming illness, injuries that do not allow the payer to work;
documents (certificate of income and family composition, birth certificates of children, extract from the place of residence, etc.). They will be required if the alimony has a small official salary, which does not allow him to provide a decent existence for his child and children from a previous marriage. In this situation, it is necessary to draw up and provide the court with a calculation of the funds that are necessary for the maintenance of minors.

The statement of claim should also be submitted to the Magistrate's Court. This claim must be filed in accordance with all the rules. A sample can be found on the Internet, it is also on our website. If the court made a decision in favor of the payer, then the plaintiff is obliged to transfer the writ of execution to the bailiff service. Specialists will adjust the debt or write it off.

Alimony penalty

An effective technique that has a positive effect on the debtor is a penalty. Penal sanctions may be applied for non-fulfillment of obligations to support a minor. Their size is 0.5% of the amount owed for each day of delay in payments. Recovery of the penalty is carried out in court.

One of the advantages of alimony payments is the possibility of assigning appropriate payments for the periods that preceded the appeal to the court.

Article 107 of the IC of Russia provides for maintenance in the event that the recipient of alimony can prove that he made every effort to receive financial assistance. Two more nuances - a special agreement should not be concluded between the parties and over the past periods the alimony does not transfer funds for the maintenance of a child who has not reached the age of majority. Alimony is possible. The time period for this type of recovery should not exceed 3 years.