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 calculating your total debt for 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 ensuring 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 the next month it will have to be recalculated all over again, and then the amount of the 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 on the same principle as in a fixed amount. 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 contact bailiff with a statement on the calculation of the penalty.
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 resubmit statement of claim for calculation 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
- If there is a delay in payments - be sure to apply to the court for debt collection and forfeit.
- For each day of delay, you can collect 0.1% of the amount owed.
- 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 the total amount of the debt. If set as yes, all sources of income should be considered.
Penalty for alimony- a penalty applied to persons in arrears in payments. It is assigned in case of non-payment or delay in payment. This measure encourages the citizen to timely fulfill his obligations to disabled children, spouse. Additionally, it protects the recipient from inflation.
Russian legislation provides for the norms, on the basis of which, payments are calculated:
- by agreement - a peaceful settlement;
- by a court decision - enforcement proceedings. This is Ch. 5 of the federal bill "On Enforcement Proceedings".
- Agreement. The calculation of the forfeit for alimony in the presence of an agreement is carried out in strict accordance with the clauses prescribed in such an agreement.
Important! An agreement certified by a notary public acquires the force of a writ of execution. This means that the party has the right to demand the fulfillment of the agreed obligations by contacting the bailiffs. This is evidenced by Art. 12 of the project "O judicial proceedings».
- Judgment. The penalty for alimony in court proceedings is charged on a general basis in the manner specified in paragraph 115 of the SK.
Penalty (penalty) - a category of penalties. She is appointed in case of unfair fulfillment / non-fulfillment of civil obligations, including alimony. The grounds for its application are the funds unpaid for a certain period according to the schedule of alimony payments. A penalty is prescribed for:
- late payment;
- non-payment of the amount of debt.
Thus, a penalty is imposed in the event of a delay, in the event of a deliberate failure by a party to fulfill its obligations. This issue is regulated in more detail by the resolution of the Plenum of the Supreme Court with the title "On the Application of the Family Code by the Courts", this is Act No. 9 of 25.10.1996.
The penalty for non-payment of the prescribed alimony is determined by type, taking into account the grounds for the appointment of these payments. There are penalties:
- legal;
- negotiable;
- mixed;
- exceptional.
Whom to contact for accrual?
The bailiff can calculate the amount of the forfeit for alimony. This possibility is spoken of in Art. 113, clause 3 SK. A party can make an independent calculation at any time using the approved tariff. Recovery is carried out by the court.
If the defendant ignores the points from the court decision, the recipient of payments is vested with the right to collect penalties from the defendant. The forfeit for alimony is calculated based on the amount of the payment, arbitrage practice provides for the application of accounting for overdue days and the percentage of the penalty.
If at the stage of debt formation the defendant did not work, therefore, did not receive income, the average salary in the region will be taken into account.
Calculation formula looks something like this:
RN = SEP * MON * KDP
- RN is the amount of the fine;
- SEP - the size of the monthly payment;
- ПН - percentage of forfeit;
- КДП - the number of days of delay.
For example, the defendant has obligations to one child, 1⁄4 or 25% of his income is collected from him. The size of his salary (salary) after collecting all taxes is 30,000 rubles, and the delay period has reached 4 months. Then:
- Determine the amount of alimony per month - 30,000 / 0.25% = 7,500 rubles.
- We calculate the debt for 4 months - 7500 * 120 days = 30,000 rubles.
- We calculate the forfeit - 30,000 * 0.5% (penalty rate) * 120 = 18,000 rubles.
- We calculate the total payment amount - 30,000 (total debt) + 18,000 = 48,000 rubles.
Such simple calculations make it possible to summarize that it is unprofitable for the payer to delay payments.
Calculation of forfeit for alimony calculator online
Foreclosure procedure
You can claim a penalty through the court. To claim the right to a “surcharge” to the principal amount, the interested person should submit a sample filed in a standard manner. The amount of debt, calculated according to the above formula, fits into it. First, you need to contact the bailiff to determine the amount of debt.
Attention! The application is submitted at the place of residence.
Contractual payments are assigned if there is a notarial agreement. The accrual procedure is governed by the terms of the agreement. In Art. 99 SK. It is said that in order to claim the relevant right, you need to go to court. Legal interest is charged on the basis of Art. 115 SK.
Not all fathers are responsible for the responsibility to provide financial support for their children. Some people evade monthly alimony payments for a long time, accumulate long-term debts. Are there effective ways influence on irresponsible fathers - malicious defaulters of alimony?
Yes, the legislation provides for several types of liability for evading financial assistance to one's own children - from material liability to administrative and even criminal liability. You can read more about the measures of responsibility in the article "".
This article is devoted to financial liability for alimony arrears - forfeit or penalties.
What is a forfeit for alimony
Forfeit- the type of fine that is applied to the alimony payer in case of delay in the alimony payment. The amount of the penalty depends on the amount of debt and the duration of the delay, thereby stimulating the father to timely and fully fulfill his material obligations to the child.
Calculation of forfeit for alimony calculator online
By using online calculator you will be able to correctly calculate the forfeit, interest on alimony
Grounds for collecting a forfeit
Only a few months of delay in alimony payments - and the amount of debt will grow not only by itself, but also due to an impressive fine.
The penalty is charged if there are the following grounds:
- Voluntary agreement concluded or accepted judgment on the payment of alimony;
- The executive document was transferred to the bailiff service;
- A debt for alimony payments was formed due to the fault of the alimony payer;
- A court decision was made to charge a penalty for the amount of the debt.
Will not be credited in the following cases:
- The executive document has not yet been submitted to the bailiff service;
- Alimony payments arrears due to delay or non-payment wages, diseases of the alimony payer;
- The debt was formed through the fault of the employer's accounting department or a banking institution, which accrued and transferred alimony payments;
- Timely payment of alimony was impossible due to force majeure.
The amount of the penalty under the law and contract
The amount of the forfeit can be determined in two ways - contractual and legal.
- In the first case, parents should conclude an alimony agreement, which will provide for all the conditions for the payment of monetary amounts: the amount, time, method of payment, as well as liability for late or incomplete payment. The amount of penalties can be any if set by mutual consent of both parents.
- In the second case, in the absence of a voluntary agreement of the parents, the norms of the law that are binding on everyone apply. According to part 2 of article 115 of the Family Code of the Russian Federation, the penalty is 0.5% of the monthly alimony payment for each day of delay.
In both cases, the accrual of penalty interest begins on the first day of the next month after the month when the alimony payment was overdue. The accrual takes place until the alimony debt is paid off.
What alimony payments are charged a forfeit
Penalties are applied regardless of the form in which the alimony is to be paid - in a fixed amount or in percentage to the wages of the alimony payer.
Who calculates the default interest?
Calculation of a fine or a penalty on the alimony debt is the duty of the bailiffs who are conducting the case for the recovery of alimony in accordance with the executive document. The bailiff has information about the court decision or alimony agreement, about the place of work and income of the alimony payer, about the amount of the debt.
The court will rely only on the calculation made by the bailiff. The court will not take into account the approximate calculations of the parents.
However, it will not be superfluous for parents to know how to calculate the penalty for alimony correctly. Firstly, in order to understand the principle of calculating penalties, and secondly, in order to know what amount of money (alimony debt, fine, interest) can be counted on when going to court.
Penalty Calculation Formula
There are two main formulas that are used by bailiffs to calculate the forfeit on the alimony debt.
Formula 1
Amount of debt for a billing month * number of days in a month * percentage of forfeit
The alimony payer avoided paying alimony for three months.
The amount of the debt was:
- March - 20,000 rubles;
- April - 21,500 rubles;
- May - 23,000 rubles.
- March: 20,000 * 31 * 0.5% = 3100
- March + April: (20,000 + 21,500) * 30 * 0.5% = 6225
- March + April + May: (20,000 + 21,500 +23,000) * 31 * 0.5% = 9997.5
total amount forfeit for three months of delay in alimony payments: 19 322.50
Formula 2
Amount of debt for the billing month * total number of days of delay * percentage of forfeit
Example-sample calculation of a forfeit for alimony
The alimony debt was formed within three months:
- March - 20,000 rubles;
- April - 21,500 rubles;
- May - 23,000 rubles.
The total number of days of delay is 92.
- March: 20,000 * 92 * 0.5% = 9,200
- for April: 21,500 * 61 * 0.5% = 6557.5
- for May: 23,000 * 31 * 0.5% = 3565
The total amount of the forfeit for the three months of delay in alimony payments: 19322.50
Arbitrage practice
Sometimes it seems to the defendant that the fines were charged incorrectly, or their amount is beyond his ability. In this case, he can file a counterclaim to reduce the amount of the fine. However, before filing a counterclaim, the defendant should take into account: the court will decide to reduce the amount of penalty payments only if there are legal grounds for such a reduction: a difficult financial situation, illness, job layoff.
This is confirmed by examples from judicial practice in cases of reduction or cancellation of the accrued forfeit for alimony.
Example 1
The Krasnogorsk City Court considered the counterclaim of the defendant Kolosovsky to reduce the amount of the penalty for the alimony debt, since its amount exceeded the amount of the debt. But the court dismissed these claims, and appointed the amount to be paid, according to the calculations of the bailiff. Kolosovsky for a year, without good reason, avoided paying alimony for two children who were in a difficult financial situation.
Example 2
The Kirovsky District Court of the city of Khabarovsk considered the case on reducing the amount of the penalty accrued on the alimony debt over the past six months. The plaintiff Tomashevsky presented evidence of a decrease in solvency and the reasons for the formation of debt: liquidation individual enterprise, withdrawal from the shareholders of Trizna LLC, employment with wages 21 585 rubles. At the same time, the plaintiff informed the court that he provided all possible assistance to the children: he bought clothes, food, and also presented evidence of participation in the material support of the children: receipts for the payment of his daughter's studies. The court decided to reduce the amount of the forfeit due to the disproportionate payments to the level of income of Tomashevsky, taking into account his conscientious fulfillment of his parental duties.
In some cases, penalties are canceled by the court, for example, if the alimony debt was formed through no fault of the defendant. This happens if, after receiving a court decision, the plaintiff does not contact the bailiff service or hides the fact of receiving alimony payments.
Example 3
In the proceedings of the magistrates' court of the judicial section No. 2 of Belgorod there was a case on the recovery of the alimony debt and the penalty. Plaintiff Nevzrova indicated that over the past 10 months she had not received alimony for children, as a result of which a debt of 484 345 rubles was formed and a penalty of 1 272 056 rubles was calculated. The defendant did not deny the existence of the debt, but argued that there was no fault in its formation and contested the amount of the debt. He indicated that he paid alimony, independently calculating the amount of the due amount based on his earnings and transferring the cash personally into the hands of Nevzorova. But the receipts were either not issued, or Nevzorova was drawn up incorrectly (with inaccuracies in the dates and sums of money), in addition, she did not apply either to the accounting department at the defendant's place of work, or to the bailiff service, so the defendant did not have receipts or payment orders confirming payments. The calculation of the debt, according to the defendant, was also made incorrectly - without matching the certificates of income from his place of work. The court established the unfair behavior of the plaintiff Nevzorova, who concealed that she received alimony payments in a timely manner and accepted another material assistance, and did not submit court order at the place of work of the defendant. The court decided to cancel the accrued forfeit and reduce the amount of the debt.
Andrey Sokolov
Articles written
The concept of a penalty arises if a citizen does not pay the established maintenance to his children for a long time. Its calculation is made according to a certain formula. Due to the imposition of a penalty on arrears and alimony, the amount of payments increases significantly. Who should calculate the amount of the forfeit? Does it have a statute of limitations? How is the penalty for alimony calculated in 2019?
Penalty concept
Family code Russian Federation established the obligation of every citizen to provide their children with a decent living. When parents shirk this responsibility or, for whatever reason, do not meet the deadline for repayment of alimony obligations, they are obliged to pay a forfeit. It should not be confused with a fine, as it is imposed on every day in percentage to duty. The penalty is paid for the violation. It is a specific amount established by law.
Debt layering appears in the following cases:
- failure to make payment on time;
- incomplete payment.
It is important to understand that it is possible to talk about alimony payments arrears only if there is a court decision and, as a result, a court order. If citizens have entered into an agreement on the amount of support for the child, they can count on collecting a forfeit for delayed payments.
There is no statute of limitations for the forfeit for alimony. You can contact the bailiff to start enforcement proceedings at any time. In this case, the writ of execution must be valid. The limitation period arises when the plaintiff transfers the writ of execution after a long time. In this case, maintenance per child is charged three years before the application.
A forfeit for alimony payments is not imposed under certain circumstances:
- delay in payment of wages;
- errors in transferring funds;
- accounting error;
- loss of ability to work by the payer;
- job loss, hence income.
If a citizen expects to be exempt from debt for non-payment, he must provide documentary evidence of the inability to pay on time. In some cases, the judge can reduce the amount of payments.
Calculation procedure
To make a calculation, you should contact the bailiff with the appropriate document. He must calculate the debt and the accumulated penalty. Before submitting an application, you can calculate the debt of the alimony payer yourself.
The formula determines the amount based on half of the interest per day of delay. In order to calculate the forfeit, you need to determine the period of non-payment, that is, the number of days, the amount of monthly maintenance per child. The indicators need to be multiplied. Multiply the resulting number by 0.5 percent. This formula works for the current debt. If non-payment occurs for several months, the amount rises accordingly. The number of days will constantly vary. Partial payments will make the calculation more difficult. Experts advise to keep the calculations in accordance with the payment periods. In this case, the specific number of days of delay should be displayed. In this case, one should take into account the limitation period of the alimony debt.
A sample calculation of the debt for non-payment of alimony can be found on the Internet or from lawyers. Let's consider an example of calculating a penalty.
The amount of payments established by the court is 6,000 rubles per month. Payment must be made on the 1st of every month. In January, the alimony payment did not go through. Consequently, the amount paid has increased significantly. Debt = 31 days * 6000 * 0.5% = 930. Accordingly, on February 1, you should pay off 930 rubles of debt and transfer 6000 rubles. If this did not happen, the calculation will be as follows:
In accordance with Russian civil law, a citizen who has delayed the performance of his duties or evades them must pay a penalty.
The penalty is intended to stimulate the defendant to fulfill his economic obligations in relation to his children in time.
Drafting a claim: requisites and additional papers
The penalty for alimony is the financial liability of the former spouse in the form of a fine provided for by the Family Code of the Russian Federation. It can be charged in accordance with an alimony agreement or a court decision.
If the agreement does not spell out the norms of the payer's liability, the dispute is resolved on the basis of civil law which established monetary obligations and measures of responsibility for their failure.
The application must contain:
- Court area number and city;
- Full initials of mother and father, their registration;
- The cost of the claim (total debt for the entire period);
- Indication of the document on the basis of which it is established financial content;
- Delay time and its size;
- Request to collect a fine from the defendant;
- Date and signature.
Additionally, the mother can ask the court to reduce the amount of the fine. The plaintiff also needs to attach his passport, the child's passport (child certificate), a writ of execution (court order, alimony agreement), a table for calculating a penalty, a receipt for the paid state duty.
Important! If the mother claims damages, it is worth attaching credit agreements, IOUs, checks for baby supplies and other papers, testifying to a significant deterioration in the family budget due to the fault of the father.
How to calculate the penalty for alimony correctly
Where can I get the calculation of the forfeit for alimony? A woman writes a statement to the bailiff service. On its basis, enforcement proceedings are opened and the financial liability of the defaulter is calculated.
The total amount of the claim fully affects the amount of the fee. In a situation where the ex-spouse has evaded payments for years, its size may become overwhelming for a woman. Then, at her request, the judge reduces this amount.
The penalty for non-payment of alimony assumes that the debtor, who does not execute the judgment, must pay every overdue day - ½ percent of the alimony amount.
The amount of the fine will depend on the number of overdue months.
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Example of calculating a forfeit
For example, citizen Ivanov receives 10,000 rubles. According to the law, his minor daughter is entitled to ¼ of his earnings. Thus, the monthly transfer is 2500 rubles.
Having honestly paid child support for six months, Ivanov stopped working due to alcoholism. No payments were made from August to October 2019. The total debt for 3 months was 7,500 rubles (the number of months must be multiplied by the monthly amount).
A sample of the calculation of the penalty for alimony for citizen Ivanov (made by the bailiff):
| August | September | October |
| 2500 * 31 days * 0.5% | 5000 * 30 * 0,5% | 7500 * 31 * 0,5% |
| The fine is 387 rubles. 50 kopecks | The amount of the fine is 750 rubles. | Fine 1162 rub. 50 kopecks |
In total, Ivanov will have to pay a penalty in the amount of 2300 rubles, as well as a debt for three months 7500. The final debt is 9800.
Are penalties always legal?
Required condition acceptance of the claim is the fault of the ex-spouse. If the defendant proves his innocence, he can avoid forfeit.
And what does the court practice say about the forfeit for alimony? The Supreme Court of the Russian Federation singled out the following circumstances excluding the debtor's guilt:
- Illness (must be provided medical documents);
- Difficult marital or financial situation;
- Finding an urgent military service on call;
- Father's incapacity for work;
- Loss executive documents employer;
- Delay in wages by the landlord;
- The child's living with the father, the mother's non-participation in the upbringing of the minor.
What circumstances do not affect the exemption from penalties? These are imprisonment, full-time study at a university, lack of official work, the retirement age of the father.
How to reduce the forfeit for alimony
Dear Readers! Our articles tell about typical solutions legal issues but each case is unique. If you want to know how to solve your particular problem - contact the online consultant form on the right or call the toll-free hotline:8 800 350-13-94 - Federal number
8 499 938-42-45 - Moscow and Moscow region.
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If situations arise that change the economic condition of the payer for the worse, he must submit an application with a request to change the form of alimony, reduce their amount, if:
- The payer was fired;
- His business went bankrupt;
- He took out a loan;
- Temporarily disabled and was in the hospital for a long time;
- New monetary obligations have arisen;
- Received a disability group.
The birth of children in a new marriage or common-law family also affects the rate reduction. This fact is confirmed by the child's birth certificate. The court especially takes into account the health of these children. The dependent's disability certificate significantly reduces the penalty percentage.
The case will be considered in general order.
The plaintiff will need to prove his insolvency by documents:
- tax certificates about income;
- military papers;
- medical reports;
- hospital discharges;
- credit securities;
- records in the work book.
Statute of limitations and jurisdiction
Civil law rules state: term limitation period forfeit for alimony is equal to 3 years. However, this rule is not valid for family disputes. The fine can cover several years during which the child was left without maintenance.
Advice! Having received a court order or a writ of execution, a woman must take the document to the bailiff, without delaying the process. As soon as the transfers from the defendant stop, you can go to court (in fact, from 1 day of delay in payment).
The collection of a forfeit for alimony does not depend on the age of majority. If the child has reached the age of 18, he can independently apply to Judicial authority for the collection of a fine from a negligent father. The mother also has this right.
The claim should be filed based on the registration of the payer. These disputes are decided by the magistrate. She has the right to apply to the judicial department according to her registration:
- If she does not know the address of her ex-husband or he lives abroad;
- If he lives in another region.
What else do you need to know about the penalty? In addition to her, the mother may demand payment of material losses ( negative consequences for family budget). In this case, the court will require from her evidence of the connection between her financial losses and the lack of paternal support.
Important! If the causal relationship is proven, the fault of the payer, and the amount of losses is justified, the court makes a positive decision against the plaintiff.
What can malicious evasion from keeping children lead to
If the ex-spouse deliberately does not comply with the court's decision, he is subject to criminal punishment: the award of correctional labor for 12 months, forced labor for the same period, 3 months of arrest, or imprisonment for 12 months.
Malicious evasion involves the following intentional actions:
- Moving to another city, country;
- Concealment of earnings, other sources of profit;
- Concealing your location from the bailiffs;
- Unwillingness to work, not related to health conditions;
- Failure to appear at the bailiff service;
- Large debt plus evasion of payments over 4 months.
Additionally, the mother is guided by The Civil Code RF, can write a statement to the district court to deprive the father of his rights to his son (daughter).
Attention! The court has the right to arrest the property of a malicious defaulter, his securities and bank accounts... The described things are subject to sale in the form of auctions, and the profit received goes to the plaintiff's account.
Attention! In connection with latest changes in legislation, the legal information in this article could be out of date! Our lawyer can advise you for free - write a question in the form below:
