To receive a writ of execution and a court decision that has entered into legal force does not mean providing the child with decent monthly maintenance. Errors in child support payments are not uncommon today. The reasons for doubt may be different: for example, the difference between the amount of monthly payments is very large, or each time a fixed amount comes, excluding premiums, sick leave, vacation pay, etc.
You can receive monthly alimony payments only if you have a court decision, an agreement to pay, or by verbal agreement.
What if the amount of monthly payments transferred by the debtor's employer seems suspiciously low? How to check the correctness of the calculation of child support? In this case, the legislation provides for the controlling functions of state bodies involved in the enforcement of court decisions.
Audit of accounting activities
In case of doubts about the correctness of calculation and payment of alimony by the employer of the defendant (debtor), contact the bailiff directly.
The organization will respond with a refusal to your application for clarification and provision of information sent to the place of employment of the parent, since such information is considered confidential and cannot be disclosed at the request of third parties. But at the official request of the bailiff, the employer is obliged to provide all the requested information.
Inspection Procedure
The procedure and terms in accordance with which the civil servant checks the correctness of the accounting department of the organization where the debtor is employed are determined by the Methodological recommendations drawn up and approved by the Federal Service of Bailiffs of Russia.
According to this document, inspections of the organization’s activities for the retention and transfer of monthly content are carried out:
- on the initiative of a civil servant, on the execution of which there is an executive document (bailiff to recover alimony);
- upon a written application (application) of a recoverer doubting the correctness of accruals.
How often can an audit be conducted?
The frequency with which the bailiff has the right to conduct these checks is established:
- at least once in the current year, if the audit is carried out on the initiative of a public servant;
- within thirty days (the standard period established by the Federal Law No. 59 for reviewing and responding to a received application), if the verification is initiated by the collector (recipient of alimony).
Content and procedure for sending an application (application)
Before checking the correctness of accrual of alimony, the bailiff receives a request from the claimant or payer. The application must indicate the data of the debtor and the collector, as well as the details of the unit of the bailiff service.
The descriptive part should contain the reasons that served as the basis for the appeal (lack of cash receipts from the organization, too little deductions, irregular receipts from the debtor's employer and other important points).
After the circumstances and reasons are stated, a request should be made to audit the accounts of the organization that, in your opinion, is unscrupulously fulfilling its duties.
If you have documents confirming the reasons for the application, attach copies of them (for example, an extract from the current account of the recipient of alimony, copies of receipts for money transfers, etc.).
The drawn up appeal can be submitted directly to the office of the unit of the Service, having received a mark in acceptance on a copy of its copy, or:
- send an electronic appeal through the official site of the FSSP;
- send by registered mail with notification through the postal service.
If the debtor lives and works in another city?
Often the recipients have a question about how to check the correctness of the accrual of alimony if the ex-husband lives in another city. The defendant’s remote work place is not an obstacle to conducting verification of the organization where he is employed.
All appeals, applications and petitions concerning the enforcement of monthly detention for minor children are submitted at the place of execution, that is, to the FSSP unit where the executive document was originally sent.
According to the above methodological recommendations, if the bailiff's actions that need to be performed go beyond the territory to which they apply, the civil servant is obliged to send the corresponding order to the unit whose powers extend to the territory where certain actions are necessary. Through such an order, you can, for example, verify the activities of the accounting department of an organization that deals with the calculation of the deduction and payment of alimony.
The term during which the order sent to another unit must be executed is set at fifteen days. Moreover, at the time of the execution of such an order, the enforcement proceedings are suspended.
If the document after the court was sent for execution to a unit in another region of the country, the request for verification should be sent to that department of the Service in writing (by registered letter) or electronically (through the official website).
Validation Dates
The total period during which citizens ’applications are to be considered and executed is thirty days. Consequently, in the thirty-day period, the bailiff must make a trip to the place of employment of the debtor, check the correctness of the accounting department, the procedure for calculating and paying child support, draw up and send to the applicant (collector) a detailed response to his appeal.
If the results of the audit for any reason are not available at the time of the response, the authorized person must provide reasonable information on this fact (for example, indicate that an order was sent to another unit of the Service in response to the applicant’s request for an audit, but at the moment the answer to the order has not yet been received, and attach a copy of the specified document to the answer).
Verification Schedule
Monitoring the activities of the organization’s accounting includes:
- checking the correctness of deduction and the amount of deducted amounts of monthly maintenance;
- checking the frequency of withholding of maintenance payments;
- timeliness of transfer of deducted amounts.
For verification, the bailiff asks for the necessary accounting documentation and verifies the accuracy of the information provided.
During the audit, it is important to establish the conformity of the amount of alimony withheld to the amount established by the judicial authority (verify the percentage of the amount withheld by the accountant as determined in the executive document).
In addition, it is necessary to check the regularity of deductions. According to the current legislation, there should be no periods of non-payment of alimony (since deductions for monthly maintenance are made not only from the accrued monthly income of the debtor, but also from vacation allowance, as well as allowance accrued on the sick leave), except in cases of total delay in the wages of the enterprise’s employees , which is now practically impossible.
The deducted amount of monthly maintenance is subject to transfer to the recipient within three days, therefore, delays are an unlawful act.
How to check child support from the income of entrepreneurs?
If the debtor, as they say, is his own master, the income received from him in entrepreneurial activity is subject to verification. How to check the correctness of accrual of alimony?
The regulation of such inspections depends on the taxation system used by the payer.
At the official request of the bailiff, the debtor, being an individual entrepreneur, is obliged to submit for verification the following documents:
- The taxpayer income declaration for the reporting period 3-NDFL, if the entrepreneur works in the general tax regime.
- A book of income and expenses if the individual entrepreneur works according to a simplified system or is a payer of the Unified Agricultural Tax (UTIF).
- Primary financial documents confirming the income and expenses of the entrepreneur, if he uses UTII for settlements with the state. At the same time, it is recommended for such individuals to keep a book of income and expenses, as the payers of the Unified Social-Economic Tax and the simplified tax system.
Based on the documentation provided by the payer, the official is obliged to verify the correctness of accrual and completeness of child support from deduction to payment.
Responsibility for violation of the law
In addition to the fact that the bailiff, based on the results of the audit, has the right to calculate arrears for the amount of child support not paid to the recipient, if this fact is established, he has the right to initiate an administrative case against the unscrupulous employer.
For concealing or providing false information, in particular regarding the amount of deductions made on the writ of execution, a fine may be imposed on an official or guilty organization by the Service:
- up to twenty thousand rubles (official);
- up to one hundred thousand rubles (legal entity).
In addition, criminal law punishes those who impede or evade the enforcement of a court decision. Depending on the gravity of the crime committed, the punishment under article 315 of the Criminal Code of the Russian Federation varies from the imposition of a criminal fine to the actual imprisonment of the accused.
Summary
Having considered the question of how to verify the correctness of the accrual of child support, it can be concluded that the payee first needs to contact the bailiff with a statement to initiate an audit of the accounting department of the ex-husband's employer. About the results of which the official is obliged to provide a written response within the time period established by law. The recipient will not be able to check independently whether alimony is correctly calculated or not. An organization is not required to provide third parties with explanations of its progress.