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Enforcement proceedings on alimony: application, deadlines

Family law contains a definition of alimony - money paid for the purpose of providing material support to a child or a disabled husband, wife, and father and mother.

If these payments are paid voluntarily, this eliminates many problems. But, unfortunately, such events do not develop in all cases, and in such a situation there is a need to take other measures. Enforcement proceedings on alimony is one of the means that you can use by contacting the persons responsible for it - employees of the bailiff departments.Alimony Enforcement Proceedings

Where does it start?

The first stage is the adoption of a decision on the initiation of enforcement proceedings on alimony. The reasons for starting depend on how the collection of mandatory payments occurs. The following options are available:

  • When the funds are recovered on the basis of an agreement on alimony payments executed by a notary public office concluded between the spouses. In this case, there is no need to send a claim for payment of cash support. In cases where the alimony allowed the formation of debt through his own fault, the agreement is used as a writ of execution and is attached to the application for alimony payments. The bailiff will be enforced according to the rules established by the husband and wife in the agreement.
  • In cases where the recovery takes place according to a judicial act, a writ of execution is required to start enforcement proceedings. This document is received in the court where the judicial act was passed, after it becomes legal.
  • In addition to maintenance payments, the legislator also provided for the possibility of collecting a fine, the amount of which is 0.5% of the amount owed. In order for the debtor to pay the forfeit, it is necessary for the bailiff to transfer information about the debt and the calculation of the forfeit to the alimony recipient, after which the person in whose favor the payments are collected will send the debt collection application to the court, and a new executive document will be issued to him.

What actions should be taken when contacting the bailiffs?

First of all, it is necessary to write a statement on the initiation of enforcement proceedings on alimony. Served personally. The main emphasis in it should be placed on the amount of debt (in the case if alimony is established in a fixed amount) or the procedure for paying alimony payments by deductions from earnings. enforcement proceedings

Along with the application for the recovery of alimony payments, it is necessary to submit the original of the writ of execution or the agreement on the procedure for alimony payments. There is no need to pay any taxes when applying for help to the bailiff department.

It should be noted that, turning to the bailiffs with a request to initiate enforcement proceedings on alimony, you can ask in advance to impose a security measure in the form of arrest on the property of the debtor. Then the probability of receiving funds will be higher, and in addition, it will speed up the collection process.

It is necessary to send a statement on initiation of enforcement proceedings on maintenance payments to the bailiff department at the place of residence of the alimony payer.

Information that the statement must contain

It should contain the following data:

  • FULL NAME. and the address of the child support;
  • Name of his place of work, address, phone number, other information about the employer (if known to the recoverer);
  • Data on the amount and procedure for withholding maintenance payments;
  • Information about the child support (full name, address, phone numbers, etc.);
  • Bank account details on which funds should be credited.

If the documentation is in order, the bailiff within three days opens enforcement proceedings on the recovery of alimony with the expulsion of the applicant and the payer of copies of the decision on this. After that, the debtor has 5 days to voluntarily make payments arrears.

What happens next?

The enforcement proceedings on bailiffs are carried out in a specific order. It looks like this:

  • In case of non-receipt of payments on a voluntary basis, the bailiff transfers the writ of execution to the accountant of the institution where the child payer carries out labor activities. After that, from his salary and from other types of income they will recover the amount of money assigned to recovery;
  • If a citizen who is obligated to pay maintenance payments does not have an official income, bailiffs may alternatively foreclose his property. In this case, an inventory and appraisal of the property are carried out first, and then its sale at public auction. After the debt is repaid, the remaining funds (if any) are returned to the non-payer;
  • In the case of a change in the amount of maintenance payments, the writ of execution will be issued again, and the bailiffs will continue to recover, based on the new document.

initiation of enforcement proceedings on alimony

Suspension of Enforcement Proceedings

The circumstances upon the occurrence of which an officer of the bailiff department may suspend enforcement proceedings are listed in Section 40 of the Law on Enforcement Proceedings. This list is closed.

Production is suspended by the bailiff by the executor in the following cases:

  • If the child support died;
  • In the case when the debtor has become incompetent;
  • In the event the payer takes part in hostilities or armed conflict;
  • If, in an arbitration procedure, a decision is made on the insolvency of the payer. renewal of enforcement proceedings on alimony

The bailiff also has the right to suspend enforcement proceedings on alimony if:

  • The debtor is being treated in a medical facility.
  • In respect of the payer or his property, search measures are being taken.
  • If the debtor requested suspension due to service in the Armed Forces.

A judge may also suspend execution of a judicial act when:

  • Claims are filed for the removal of the arrest from the property of the alimony payer.
  • In case of disagreement with the assessment of property, which is foreclosed.
  • If the debtor does not agree with the collection fee.

A judge has the right to suspend proceedings in the presence of the following circumstances:

  • If the payer disputes the judicial act on which the collection paper is based.
  • In the case when a complaint was received about the actions (or inaction) of the bailiffs.
  • The court receives a request for clarification regarding the procedure in which the document is to be executed.

Resumption of enforcement proceedings on alimony

In practice, it is often found. Often, the recipients themselves withdraw their application (as a rule, at the request of the payers), then a decision is made in the bailiff department to complete the execution and return the executive document to the alimony recipient. However, this does not mean that the payer is no longer obligated to pay financial maintenance to the child. Enforcement proceedings for child bailiffs

In order to resume the procedure, the person in whose favor the payments are to be paid must again submit to the bailiffs the original of the executive document together with the application for the resumption of proceedings.It should contain information on the periods of receipt and non-receipt of funds, as well as the requirement for bailiffs to calculate the debt with the subsequent adoption of the necessary resolution.

Termination of Enforcement Proceedings

To stop the process of collecting child support, the unwillingness of the debtor to pay will not be enough. The circumstances specified by the legislator are necessary:

  • The death of the person on whom the obligation to pay lay.
  • Achievement by a child of eighteen.
  • If the child was adopted.

The voluntary agreement on the payment of alimony payments may contain additional conditions under which payments cease - the expiration of the period during which the obligation to pay is provided; the occurrence of circumstances with which the agreement relates the termination of payments. application for enforcement proceedings on alimony

In addition to the above, the following events lead to the cessation of production:

  • The judge decides to terminate the proceedings.
  • Repeal of the judicial act on the basis of which payments were levied.
  • Cancellation or recognition of invalidity of a document of a basis for recovery;
  • The claimant refused the payments, and the judge accepted the refusal.
  • Alimony emitter and payer have signed the peace agreement.

Enforcement proceedings on alimony are terminated due to the impossibility of re-filing an application for recovery.

Ending

The last stage. The procedural document, on the basis of which the end of enforcement proceedings on alimony takes place, is adopted in the following cases:

  • When the child support actually complied with all the requirements.
  • If the person receiving payments independently submitted a request for the return of executive documentation.
  • If the alimony recipient has refused to obtain property of the debtor as a penalty.
  • In case of not establishing the location of the payer.
  • When a person who has a duty to pay does not have a bank account and other property.
  • If the judge demanded the return of the writ of execution.
  • In case of obstruction by the recipient himself of the recovery.

The deadline for the enforcement of child support must be the same as the last payment.

Debtor liability

Alimony Enforcement Proceedings

In the event of a deliberate understatement and concealment of their income, the offender faces administrative punishment in the form of fines. Russian legislation provides for criminal liability for malicious evasion of the implementation of its maintenance obligations.


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