The most effective method of dealing with dodgers, non-payers of funds for the maintenance of their minor children is the calculation of a forfeit for alimony with their further collection in judicial procedure... As in no other branch of modern legislation, the Family Code of the Russian Federation fully protects the rights and interests of the claimant, helping to fully "ask about the bills" from the debtor.

Since January 1, 2019, the amount of the forfeit for alimony has decreased 5 times! Previously, it was 0.5% for each day, now it is 0.1% of the debt. Keep this in mind when you count. total debt this year.

A penalty arises when the person obliged to pay alimony does not do this either in due time or in full. Thus, there is a direct connection with the penalty, because the calculation is made for each day of delay, while the fine means only the payment of a fixed amount of money for a particular violation.

In this material, we will reveal the main points of accrual, and also consider specific examples such calculations based on judicial practice. An alimony forfeit is one of the types of penalties provided for late fulfillment of alimony obligations. Such responsibility allows you to financially stimulate the defaulter for the sake of careful observance of the conditions for the provision of a minor child. There are certain rules that must be followed in 2018.

How to calculate correctly

When it becomes clear that it will be necessary to collect from the defaulter not only alimony, but also a penalty on them, the question naturally arises of how to calculate everything correctly. This is a rather painstaking business, requiring patience, although not difficult if you follow the instructions. To begin with, consider an example of calculating the collection in, in the case when the debtor did not submit a certificate of income. So, you need a notebook, pen, calendar and calculator.

Determine during what time period the support was not paid. For example, alimony must be paid on the 1st of each month in the amount of RUB 5,000. per month. It is necessary to make an account of the forfeit on August 1. To make it easier to calculate, draw a table with months, where indicate them from February to July (for example, the penalty period is 6 months).

In the second column of the table, put the "net" amount of alimony - 5000 rubles. (In our situation, it is calculated based on average salary across Russia).

Calculate the overdue payment period. Fill in the 3 column with the quantity calendar days delays in each month, including the last day (July 31st). The total is 181 days as of February 1. Accordingly, as of March, there will be 153 overdue days, for April - 122, for May - 92, for June - 61, for July - 31.

Calculate the penalty directly (in the fourth column). The amount of the monthly debt is multiplied by 0.1% (according to the Family Code, if the debt arose through the fault of the alimony payer, then the forfeit is equal to 0.1% of the daily amount of payments), and then multiplied by the number of days of delay.

V in this case 5000*0,001*181=4525.
In the second line (for March) - 5000 * 0.001 * 153 = 3825,
for April (on the same principle) - 3050
for May - 2300, for June - 1525, for July - 775 rubles.
Next, add the obtained parameters: 4525 + 3825 + 3050 + 2300 + 1525 + 775 = 16000 rubles

Thus, the total amount of the alimony debt will be 46,000 rubles for six months. This includes the amount of the main payments (5000 * 6 = 30) plus the amount of the forfeit.

If the alimony payer does not pay off the debt, then next month everything will have to be recalculated, and then the amount of debt will slightly increase due to the increase in the number of days of delay.

If the claimant Money can submit a document where the official income of the alimony payer is recorded, then the penalty will be calculated based on the debtor's monthly salary according to the same principle as in the solid sum of money... If there is no such document, or the payer, then the forfeit is calculated based on average monthly salary in the region of the Russian Federation where the collection of alimony is carried out.

Foreclosure procedure

The process depends on whether the executive documents were filed or not. If so, the recipient has the right to apply to the bailiff with a statement on the calculation of the forfeit.

If the documents have not yet been submitted, then the claimant is obliged:

• Draw up an application for the opening of enforcement proceedings;
• Attach the original of the executive document to the application.

After the commencement of enforcement proceedings, the recoverer can apply with a request for the calculation of the debt. But, of course, not to be unpleasant surprises and surprises, it is recommended to make the calculation yourself before submitting the documents, as described above.

An official calculation together with a copy and calculation of the enforcement document must be attached to the statement of claim for recovery, which is transferred to the magistrate.

Responsibility for non-payment

If the alimony payer does not make payments at the right time, he may be subject to a more severe penalty. In some situations, you can even. Apart from this, the mother of the child can sue for. Be sure to remind the debtor of this if he does not fulfill his duties.

Here you need to understand that sometimes the court may consider the reason for non-payment to be valid and mitigate its punishment. Good reasons include:

• serious disease;
• dismissal from work;
• the appearance of other children in the family of the debtor.

Question
Have ex-husband there is a serious debt for alimony. I recently filed a lawsuit to calculate the debt and interest on it for the previous 3 months. My requirements were met in full. Now I want to re-sue in order to recover a penalty from my husband for a different period of time. Can this be done?
Answer
Yes, you can re-file your claim for settlement for a different period of time. This can be done by filing a statement of claim with the magistrate's court.

Statute of limitations

If you are not paid child support, you can charge a penalty for each day you are late. And the amount of debt itself can be collected for an unlimited amount of time. Even if the child is 18 years old, you can still go to court with a statement of claim to receive payments.

Conclusion

1. If there is a delay in payments - be sure to apply to the court for debt collection and forfeit.
2. For each day of delay, you can collect 0.1% of the amount owed.
3. In the event of malicious evasion, a criminal case may be brought against the debtor.

Questions and answers

Natalia
The husband did not pay alimony in full for a long time. I filed a lawsuit in court about this. The court issued a decision in which it ordered the husband to pay the entire debt and interest. After that I received performance list, what should I do next?

Answer
You need to take the writ of execution to the bailiffs. You also need to draw up a statement in which you must ask to initiate enforcement proceedings.

Olga
Please tell me how to calculate the forfeit. The husband has an alimony debt of 50,000 rubles. I don't even know how much percentage it should be.

Answer
By general rule all calculations are made by bailiffs. But if you want to calculate yourself, then for each day of delay you need to collect 0.5% of the debt. From fifty thousand it will be 250 rubles a day.

Irina
Good afternoon. My husband had a child support debt of 60,000 rubles. The bailiffs calculated that his penalty was 160,000 rubles. I filed a statement of claim in court for recovery. The court satisfied my demands. After that, the husband's lawyer appealed this decision to a higher court. There, this amount was reduced to 60,000 rubles. Does it make sense for me to appeal this decision?

Answer
You can try to appeal the decision. From experience I can say that the courts usually limit the amount of the forfeit to the amount of the principal debt. This is a kind of measure to protect the interests of the defendant.

Marina
Is the penalty calculated for each source of income that the ex-husband receives?

Answer
If the alimony is set in a fixed amount, then it is considered from total amount debt. If set as yes, all sources of income should be considered.

Parents who have to raise their children on their own often face inadequate financial support. Given that they are entitled to a monthly sum of money from the second parent - alimony. The problem is that alimony is often paid out of time and not in full, and sometimes it is not paid at all.

Parents who do not receive child support should know that the law is on their side. Family, civil, administrative and even criminal legislation provides for very strict measures of responsibility, to which an irresponsible parent is involved.

So, financial responsibility assumes that in addition to the full payment of alimony, parents pay a penalty for the resulting debt.

In this article, we will consider how to apply this measure of liability to the debtor.

What is a penalty for late payment of alimony

The penalty for alimony is a measure of material responsibility. Simply put, this is a sum of money that is calculated using a special formula and depends on ...

• the amount of debt on alimony payments;
• overdue period.

A feature of the forfeit for alimony is that it is paid not to the state treasury, but to your own child. Thus, two goals are achieved at once - the irresponsible parent is disciplined and the child's material needs are compensated.

The process of calculating, collecting and withholding a forfeit is provided for by the Family Code of the Russian Federation (Article 115), the Civil Code of the Russian Federation, as well as Federal law"On enforcement proceedings".

On August 10, 2018, the Federal Law No. 224 of July 29, 2018 “On Amendments to Art. 114 and 115 of the Family Code of the Russian Federation "(hereinafter - Law No. 224-FZ). The essence of the law is that it introduced new order calculation and collection of a forfeit for alimony debt, which takes into account the rights of not only recipients, but also the payers of alimony.

Principles for calculating forfeit

Russian legislation defines several principles for calculating and collecting a penalty:

1. From the first day of the delay in the alimony payment, the calculation of the forfeit begins. Therefore, if the father does not pay the due amount on time, the mother has the right to go to court for a penalty. Another thing is that no one intends to sue for several hundred rubles, and the court will consider such a claim without much enthusiasm.
2. There are several conditions, without which the collection of a penalty is impossible:

• First condition- the existence of an alimony agreement or a court decision on alimony.
• Second condition- non-compliance with an agreement or a court decision, which led to the formation of an alimony arrears.

Penalty for late payment of alimony

Prior to the adoption and entry into force of Federal Law No. 224, the alimony payer, through whose fault the debt was formed, had to pay the debt and forfeit, the amount of which was 0.5% of the total amount of unpaid alimony for each day of delay.

Such harsh conditions were aimed at increasing parental responsibility and protecting the rights of underage children. But more and more often, the courts began to receive claims to reduce the amount of penalties, which bailiffs counted on alimony debts. At a rate of 0.5% of the debt, the annual penalty reached 182% and significantly exceeded the debt, in some cases reaching millions of rubles. The debtors were unable to pay such amounts, as a result ...

• They stopped paying alimony (paying off debts and interest);
• We found ourselves in a difficult financial situation.

At the same time, the courts did not have legislative grounds and a mechanism for reducing the amount of the penalty. The method of reducing the forfeit disproportionate to the debt provided for Civil Code RF (clause 1 of article 333 of the Civil Code), could not be applied in family legal relations.

Law No. 224-FZ amended Articles 114 and 115 of the RF IC:

• First, the rate of forfeit on alimony debt has been reduced from 0.5 to 0.1% of the amount owed for each day of delay.
• Secondly, it provides for the possibility in court to achieve a reduction in the amount of the forfeit, depending on the financial or marital status of the alimentary payer.

How to calculate the amount of the penalty correctly?

A parent who intends to collect a penalty from the payer needs to contact the bailiff, in whose enforcement proceedings the case is.

The bailiff is authorized to issue a resolution on determining the amount of the alimony debt and issue a certificate on the amount of the debt. These documents are enough for ...

• correct calculation of the forfeit for alimony.
• going to court with a claim for the recovery of a forfeit.

Procedure for the collection of a forfeit

So, the parent shies away from the timely and full payment of the money due to the child.

The algorithm of actions depends on whether an alimony agreement was concluded or a court decision was made. If yes - is there executive document in the bailiff service?

• If the executive document is at the bailiff, you must contact him directly - to submit an application for the calculation of the penalty.
• If the parental order is still in the possession of the parent, you should apply to the bailiff with an application to open enforcement proceedings, attaching a court decision or an alimony agreement to the application. When the production is open, you can submit an application for the calculation of the forfeit.

The calculation of the penalty is carried out exclusively by the bailiff according to a special formula.

Having received a calculation in the bailiffs service, you can prepare and submit a statement of claim to the magistrate's court for the recovery of a forfeit.

Statement of claim for the recovery of a forfeit for alimony (sample)

A competently and convincingly drawn up statement of claim, supported by documentary evidence, is the key to a successful resolution of the case.

The statement of claim is drawn up according to the rules stipulated by the civil procedure legislation. It includes the following information:

• The name of the magistrate's court;
• Name, address, contact details, place of work - of the plaintiff and the defendant;
• Data on the place and time of marriage and divorce;
• Data on minor children born in wedlock;
• Data on the concluded alimony agreement or a court decision on the recovery of alimony;
• The amount of overdue and unpaid alimony;
• Calculation of forfeit;
• Requirement to the court for the recovery of a forfeit;
• List of annexes to the claim;
• Plaintiff's signature;
• Date of filing of the claim.

The documents

The following documents must be attached to the claim:

• Alimony agreement or court order, court decision, writ of execution on the recovery of alimony;
• Calculation of the penalty, performed by the bailiff-executor;
• Receipt of payment state duty.

State duty

The size of the state fee for filing a claim property nature is 4% of the claims (according to article 333.19 of the Tax Code of the Russian Federation).

However, some lawyers believe that the claim for the recovery of a forfeit for alimony is a logical continuation of the case for the recovery of alimony, therefore they recommend paying a state duty in the amount of 150 rubles (according to subparagraph 14 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation). If the court leaves the claim without progress due to incomplete payment of the state duty, it will be possible to make an additional payment.

Jurisdiction

According to the rule on alternative jurisdiction, the plaintiff can file a claim for the recovery of a forfeit on the alimony debt in the magistrate's court at his place of residence (according to Article 29 of the Code of Civil Procedure of the Russian Federation).

The limitation period for the collection of a forfeit

Earlier, the accrual and withholding of the forfeit for alimony was carried out without statute of limitations. A parent who did not receive the due sums of money could demand them along with penalties at any time - both immediately and after several years.

But after the adoption by the Supreme Court of the Russian Federation of Resolution No. 56 of December 26, 2017, the situation has changed somewhat. According to clause 65 of the above Resolution of the Armed Forces of the Russian Federation, in a dispute over the recovery of a penalty for unpaid alimony, at the request of an interested party (according to clause 2 of Article 199 of the Civil Code of the Russian Federation), the court may apply a 3-year statute of limitations(according to Article 196 of the Civil Code of the Russian Federation) to each delayed payment and refuse to satisfy the claim for the recovery of a forfeit (in whole or in part).

This does not contradict Article 4 of the RF IC and Article 208 of the RF Civil Code - on the application of time limits. limitation period to family and property relations.

Hence, collection of alimony arrears still has no statute of limitations. Unpaid alimony amounts can be claimed in full at any time - even after the child reaches the age of majority. Some parents think that after the child turns 18, the debts to him will simply be written off. But this is not the case.

As for the penalty on the alimony debt, then its foreclosure may be limited to a three-year limitation period... Penalties for debts will be charged from the first day of delay, but their collection is possible only for the last three years.

Therefore - do not postpone the trial indefinitely! Demand and achieve in a timely manner what is required by law for your child.

Is it possible and how to cancel the forfeit for alimony?

Practicing lawyers are aware of many cases when the amount of debt and the fines charged on it became so impressive that the alimony payer was unable to pay off the debt.

But now, thanks to Law No. 224-FZ, it is possible to go to court and reduce or completely exempt from the payment of the alimony debt and / or the penalty charged on it.

But there must be sufficient grounds for this - the court will not satisfy every claim. According to paragraph 2 of Art. 114 of the RF IC, the court may release the alimony payer from the payment of the alimony debt and the interest charged on it (in whole or in part) if it finds that ...

1. delay in payments has arisen for valid reasons,
2. debt repayment is impossible due to financial and marital status.

• Disease;
• Loss of work (in this case, the court will necessarily take into account the reason for the dismissal) or additional sources income;
• Third party fault. If the debt was formed not through the fault of the alimony payer, but through the fault of third parties (for example, late payment of wages, incorrect calculation and errors in the transfer of maintenance payments).

The court will also take into account the conscientiousness of the alimony payer (registration with a central office, job search or attempts to improve the financial situation, provision of feasible material assistance to children, non-concealment of additional income).

Procedure

1. Preparation of the evidence base - documents that confirm the valid reasons for the formation of debt;
2. Preparation of a statement of claim (or a counter statement of claim) for exemption from payment (or reduction) of maintenance debt and / or penalty interest accrued for the amount of debt;
3. Filing a claim with a court;
4. Participation in court proceedings, if necessary - appeal against a court decision in a higher court;
5. Receiving and transferring a court decision to the BSC, where the enforcement proceedings are being conducted - to recalculate the amount of debt.

Procedure

Since changes in legislation (in Articles 114 and 115 of the RF IC) came into force quite recently, and there are not so many examples of successful application of new legal norms, the procedure judicial trial can be difficult for a legally inexperienced citizen.

He will need ...

• prepare and file a claim(or counterclaim), which will set out the valid reasons for the debt and the impossibility of paying it off;
• prove to the court that the alimony debt was formed for a good reason, the accrued penalty is disproportionate to the debt (clause 2 of article 115 of the RF IC) and its full payment is impossible due to the financial or marital status of the payer.

Your release (full or partial) from overwhelming debt obligations depends on how convincing the arguments are. In the future, when the debt is reduced or written off, you will be able to pay a reasonable amount of alimony to your child without going broke on huge fines and penalties disproportionate to the debt.

In order to properly draw up a claim, collect documents, prepare for the trial, you will need legal support. Take the opportunity to get free consultation and legal assistance in resolving difficult question from the lawyer of our portal.

The documents

Evidence that the alimony debt was formed for valid reasons may be the following documents:

• Labor book, contract;
• Income statements;
• Extracts from bank accounts, deposit and credit agreements, letters from banks and collection companies (if, in addition to the alimony debt, the parent has other debt obligations);
• Medical certificates, extracts from the medical history;
• Birth certificate of children (if the alimony payer has children in a new marriage);
• Receipts and payment documents confirming the transfer of funds;
• Other documentary evidence.

Expenses

Exemption from payment of state duty applies only to claims filed in the interests of minor children.

And for filing a claim for the release or reduction of the amount of the alimony debt and the accrued penalty, you need to pay a state fee, since it is filed in the interests of the alimony payer himself. The amount of the state duty for filing a property claim depends on the price of the claim. It is calculated using a special formula consisting of a fixed rate and interest. Depending on how much of the debt is entrusted to the payer, the amount of the state duty depends - from 400 to 60 thousand rubles.

To understand the rules for calculating the state duty - read and ask our lawyer a question for free - in chat or by phone.

Arbitrage practice

Even the seemingly most indisputable cases related to large sums debts and penalties are subject to close scrutiny by the courts.

Recent changes in the legislation contribute to softening the harsh measures aimed at alimony payers - firstly, the percentage of penalties has been reduced from 0.5 to 0.1%, Secondly, in the presence of good reason it is possible to achieve a reduction or write-off of the alimony debt along with the penalty charged on it. Defendants, whose rights are represented by competent lawyers, file counterclaims and challenge court decisions in favor of the plaintiffs in higher instances. And often they seek, if not complete, then partial cancellation of the debt.

Example 1

The alimony payer Tomashevsky filed a counterclaim to reduce the incorrectly calculated alimony debt and penalties. In the counterclaim, he indicated that the bailiff, when calculating the debt, did not take into account the payment of alimony in cash, which he transferred into the hands of the recipient of the alimony, the mother of the children of Tomashevskaya. The parents of the children agreed on the admissibility of this method of payment orally, but did not make any changes to the written alimony agreement. Receipts for the transfer of funds were issued by Tomashevskaya in violation of the rules (without specifying the date of receipt of the funds). The court took into account the defendant's bank statements, as well as receipts and checks confirming additional material assistance children: purchase school uniform and office supplies. Having considered the case, the court ruled to cancel the alimony debt in the amount of 25,500 rubles and a penalty in the amount of 12,250 rubles.

However, this does not mean that every irresponsible and unscrupulous father can, with the help of the court, remove from himself monetary obligations in front of the child. The court continues to be guided by the interests of minor children.

Example 2

The alimony payer Chernov filed a claim to cancel the debt and penalties in the amount of 54,450 rubles. He explained to the court that the alimony debt was formed as a result of the loss of work, at the place of which payments were previously calculated and transferred. Chernov resigned 4 months ago, but did not go to court with a claim to change the procedure for the payment of alimony and the appointment fixed amount... He also did not apply to the Employment Center. The court dismissed Chernov's claim.

Questions and answers

To properly protect the rights of children, seek legal help. On our website you can get a free consultation from a lawyer specializing in family matters.

Is it possible to collect a forfeit if the alimony debt has already been paid off?

Yes, if there have been delays in alimony payments for a long time, a penalty may be charged on them. Even if the debt is repaid by the time the claim is filed, this is not an obstacle to collecting a forfeit.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unreachable object for the system, located beyond the system's event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Third-party observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

V civil law a forfeit is one of the penalties applied to a party in breach of its obligations. In family law, a forfeit for alimony is perhaps the only way to punish someone who does not fulfill his obligations to support family members in a timely manner.

Alimony and their types

Relationships regarding alimony are governed by family law, since this is a monetary allowance that some family members are obliged to provide to others. In judicial practice under Art. 115 of the Family Code most often it is about the recovery of alimony for minor children. The claims of elderly disabled parents against their children are much less common.

Alimony is paid on the basis of a voluntary agreement or a court decision. This can be a certain share of income (primarily salaries) or alimony in a fixed amount can be assigned. But in any case, a person has a duty, failure to fulfill or untimely fulfillment of which leads to punishment.

What is the penalty charged for?

From the moment the obligation to pay alimony arises, that is, the maintenance of his relatives, the payer is obliged to make payments:

• firstly, in a timely manner;
• secondly, in the prescribed amount.

In case of untimely performance or non-payment of alimony, a debt is formed, which, according to article 115 of the SK, gives rise to liability. Its form is the payment of a penalty by the guilty person, that is, the debtor. It does not matter whether the other party requires debt collection or not.

An exception to law and practice is a situation when a debt was formed for valid reasons specified in the articles of the RF IC:

• debtor's illness;
• his difficult financial or family situation, etc.

How much will you have to pay

The amount of the forfeit for untimely or incomplete payment of alimony depends on the document on the basis of which document is being collected. If this is an agreement, then the amount of penalties is determined in the document itself. Well, if alimony was ordered judgment, then the amount of the penalty is determined by the law.

In Art. 115 of the RF IC, a person guilty of non-payment of alimony is obliged, in addition to the amount of debt itself, to pay 0.5% of it for each day of delay. Considering that alimony debts have been accumulating for years, the amount sometimes accumulates quite impressive. However, this is the educational value of penalties. The reluctance to pay them is a strong argument in favor of the conscientious performance of duties.

In addition to the obligatory forfeit, the recipient has the right to demand the recovery of losses incurred due to the debtor's failure to fulfill his alimony obligations. But only if this damage is not covered by the paid forfeit. In this case, the remaining damage will be compensated for by an additional payment.

However, the practice of applying Art. 115 SK shows that most often the plaintiff decides to voluntarily reduce the amount to be recovered. Such a decrease in alimony is due to the fact that the debtor's official income does not always allow the payment of the accrued penalty for the entire period of delay.

Where to file a claim

As a rule, a claim for the recovery of alimony and forfeit for their late payment is filed with the World Court. However, it all depends on the amount of the claim. If the amount of the claim under Article 115 of the SK exceeds 50 thousand rubles, then such family disputes are already within the jurisdiction of the district court at the place of residence of the defendant.

V statement of claim it is necessary to indicate for what period of time the delay was allowed, the amount of legal or contractual forfeit payable. And also, if such is the desire of the plaintiff, to appoint his own reduced amount. This is done in the event that the amount of the forfeit is too large to be paid.

Depending on the price of the claim, the state duty is paid. In the future, if the parties come to an agreement that the penalty for late performance of alimony obligations will be reduced, the duty will not be refunded. This must be taken into account when naming the amount of the provision for the recovery of non-payment of alimony.

How to calculate the penalty

Article 115 of the Family Code determines the amount of the penalty, but not the procedure for calculating it. However, knowing the amount of alimony, it is not difficult to calculate the penalty for non-payment on your own. Since alimony is monthly payment, then the days of delay should be counted from the beginning of the next month after non-payment.

The calculation formula is quite simple: the amount of debt * the number of days of delay * 0.5%.
Let's look at an example. Suppose that the amount of alimony is 10,000 rubles and they have not been paid for three months. We substitute the numbers in the formula: 10000 * 3 * 91 * 0.5% = 13650. This is the amount of the forfeit. We add it to the amount owed and we get the amount to be collected 30,000 + 13650 = 43650.

There is also a second formula, which takes into account that in case of late payment, the monthly debt will increase, therefore, the penalty will also increase. But in practice, the amounts charged on it turn out to be so large that sometimes they do not fall under the requirement of rationality. Which leads to a decrease in the amount to be collected.

Statute of limitations

Some defaulters naively believe that as soon as a child turns 18, their debt automatically disappears. But this is not true, which confirms arbitrage practice... Even after the child reaches the age of majority, the second parent has the right to demand through the court the repayment of the debt and the payment of the penalty in accordance with Art. 115 SK. Also, the deprivation of parental rights of a father or mother does not cancel the obligation to pay financial support.

Unlike alimony, the penalty for it has a limitation period. Its collection under article 115 of the SK is possible only in the last three years. If the late payment of alimony occurs by agreement, then the amount of the penalty and the procedure for its payment will be determined by this document.

In addition to the liability provided for in Art. 115 of the Family Code, other types of it are provided for violators. For example, criminal for malicious defaulters. Or deprivation of parental rights. However, these types of liability do not replace the need to pay alimony and a penalty on them.

Unfortunately, parents do not always pay child support to their children living separately. The reasons for this can be very different. However, before you do not fulfill your obligations, it is worth remembering that the legislation of the Russian Federation provides for a penalty for alimony. Judicial practice in such cases shows that quite often not only the amount of the debt is collected from the debtors, but also

What is alimony

The Russian Federation regulates the issues of pay, which is provided by some family members in relation to others. Judicial practice on forfeit for alimony shows that most often cases are brought up on issues related to payments of funds to underage children. In addition, there is alimony for disabled parents, but such claims are much less common and lead to legal proceedings.

The payment of alimony takes place on the basis of a court decision or by agreement of the parties. The amount of payments depends on the payer level of remuneration, as well as the number of children in need of support. Failure to fulfill the obligations of the debtor leads to the fact that he is assigned a penalty for non-payment of alimony. Judicial practice knows many cases when negligent debtors were imposed large fines for non-payment of money for the maintenance of children. In any case, one must be aware that failure to fulfill or untimely fulfillment of duties always leads to punishment.

Penalty in civil law

If, for some reason, a citizen does not transfer money for the maintenance of minor children, he may be subject to a forfeit for alimony (judicial practice). Refusal of this presentation can be perceived as another violation of the law, unless the debtor had valid reasons for stopping payments (illness, difficult financial situation, etc.).

Fines for violators are charged daily, and after the accumulation of an impressive amount of alimony payers are brought to administrative or criminal liability. Below is the detailed information how the penalty for alimony is calculated. Judicial practice shows that the law is always on the side of underage children. In civil law, this concept is one of the punitive measures in relation to those citizens who violate their obligations. Family law does not provide for other methods to punish hard-core defaulters.

What can a penalty be charged for?

From the moment when a citizen of the Russian Federation is obliged to pay money for the maintenance of a close relative (most often minor child), he must make payments in the prescribed amount and on time. Judicial practice on a forfeit for alimony shows that if one of the listed conditions is violated, the defaulter may be brought a civil claim in accordance with Article 115. Regardless of whether the other party (plaintiff) demands payments from the debtor, the violator is subject to a forfeit.

When is it impossible to collect a forfeit for alimony?

It should be noted that in some cases, non-payers can avoid liability for late payments. To do this, the debtor must submit to the court confirmation of the deterioration of his financial situation or a certificate from medical institution confirming his disease. In such cases, the penalty for alimony is not collected. Judicial practice shows that very often it is possible to cancel the fines imposed by presenting indisputable facts.

How much is the forfeit charged for alimony?

Today they are very often turned on judicial proceedings on issues of non-payment of alimony for minor children. Requirements are put forward in accordance with article 115 of the Family Code. In the event of delays in the payment of a debt or payments in a smaller amount than established, the defaulters are subject to a forfeit for non-payment of alimony. Calculation (judicial practice) can be both compulsory and voluntary. It is calculated according to the delay in days. The final amount is billed in national currency.

Judicial practice on a forfeit for alimony shows that sometimes non-payers are not charged with penalties, for example, due to a sudden deterioration in their financial situation or a serious illness. The parties can draw up an agreement together and settle the issue of forfeit. Otherwise, payments are made by a court decision. It is calculated at the rate of 0.5% of the amount owed for each day.

Penalties are calculated from the first day after the debtor stops making payments. For example, a party must pay alimony monthly by the 15th. In case of delay, a penalty will be charged from the 16th. In addition, the guardian or parent of the child who is dependent on the minor can prove in court that the failure to pay has caused serious losses and demand additional compensation. Its size is established with the deduction of the amounts that the penalty did not cover. Such a sanction plays the role of additional guarantees that the debtor will fulfill his obligations.

Is there a legal statute of limitations

It is worth noting that the penalty (alimony) has a limitation period. Judicial practice shows that fines are charged only for the last three years. At the same time, the basic amount of alimony has no statute of limitations and is in any case recovered from the defaulter.

Some defaulters assume that debts will disappear after the child reaches the age of majority, but this is not entirely true. They may be required by both the child himself and the second parent, even after reaching the age of 18.

Penalty collection options

The legislation of the Russian Federation suggests several ways how a forfeit for alimony can be collected. Judicial practice considers a refusal only if there are valid reasons. In other cases, the defaulter will have to pay a fine.

There are two types of penalties: legal and contractual. For example, if the parents have agreed peacefully with each other, then compensation can be set in an amount that suits both parties. It's another matter if it was not possible to come to an agreement and the court appoints a penalty. In the first case, the minimum and maximum sizes there is no charge for forfeit, and in the second, the payment is calculated at 0.5% per day, in accordance with the law.

Jurisdiction

Another issue that may be of concern to parents planning to sue is territorial jurisdiction. It is determined by the Civil Procedure Code. If the case is related to alimony, then the application is submitted to the nearest court at the place of residence of the plaintiff. If the parents peacefully agreed on payments, then the relationship between them is regulated by Article 32 of the Family Code.

Package of documents for payment

To start legal proceedings, you need to go to court with a statement. In addition, the plaintiff will be required to copy and (taken from bailiffs). The decision on the calculation of the debt is also taken from the bailiff who is in charge of this case. Additionally, you will need a birth certificate of the child and the calculation of the penalty.

State duty

It is important to note that any legal proceedings require payment of a state fee. It is determined in accordance with prescription 333 of article Tax Code Russia. Based on it, the amount of the state duty must be at least 4% of the total amount of the claim. Additionally, when filing an application to the court, 100 rubles are collected from the plaintiff. Lawyers recommend just paying mandatory contribution, and the percentage of the claims, if satisfied, should be paid later. The fact is that the forfeit may change in the course of legal proceedings.

Arbitrage practice

Parents after a divorce should remember their obligations and strictly fulfill them. For example, do not forget that all debts have a statute of limitations, so you need to file a claim to collect a forfeit as early as possible, because in the case of a long absence of payments, the debtor will be charged only for the last 36 months. In some cases, the sanction cannot be charged at all, for example, if the debt was formed through no fault of the defendant. This happens when, after the alimony has been awarded, the plaintiff does not contact the bailiff service.

Judicial practice on a forfeit for alimony shows that evidence is required to calculate any fines. The debtor can be exempted from the penalty altogether or significantly reduce it. For this, the payer must also provide evidence of a complex layoff at work or illness.

In any case, negligent parents should remember their obligations and not shy away from debt, but make payments on time to avoid problems. For non-payment, it is also provided criminal liability... For example, the defendant may be sent to forced labor or arrested. In addition, defaulters are sometimes deprived of parental rights, as practice shows in such cases. With such an outcome, a negligent father or mother cannot communicate with the child and claim his help in old age.

Reduction of forfeit for alimony: judicial practice

Sometimes the accrued fines seem unbearable to the defendant, and he applies with a counterclaim for a possible reduction. However, before submitting an application, it should be borne in mind that the judge decides in favor of reducing payments only if there is a legal basis for doing so. Below are several examples of cases where citizens demanded a reduction in the forfeit for alimony. Judicial practice shows the following.

The court did not reduce the penalty for alimony, but collected in full:

1. The Susumansky District Court of the Magadan Region in 2011 considered the application and left the amount of payments unchanged. The amount of the fine exceeded the amount of unpaid funds, but children are a socially unprotected category of the population, so the negligent father was obliged to pay alimony and a penalty in full.
2. In the same year, the Kirovsky District Court in the city of Khabarovsk considered the forfeit case, as a result of which the amount of the fine was reduced. The decision was made in light of the disproportionate claim for benefits, marital status and the level of income of the defendant's family.

Payment of a forfeit for alimony: refusal

Unfortunately, unscrupulous parents can find a variety of reasons, just not to pay alimony arrears to their children. Most popular is the lack of a permanent job for the defendant. However, this fact is not the reason, because payments can be calculated in a solid amount of money. The penalty is collected only if the recipient of the alimony has transferred the court decision to the bailiff service, which is further engaged in the collection.

It often happens that the amount of the fine accumulates huge, and the defaulter is unable to pay off the debt. The penalty is reduced only if there are good reasons. They are accepted as documented deterioration of the defendant's health, reduction in service, and other reasons. If there are grounds, the payer may apply to the court with a waiver of the forfeit or an application to review the amount of the fine. The debtor is obliged to prove that he tried to improve his financial situation and these attempts were unsuccessful.