Alimony is a regular payment by one of the relatives to another relative for maintenance. Most often they are paid in the event the family breaks up to support the child, but money can be received even when married, if the spouse refuses to provide material support to his children. Alimony can be paid not only for the child, but also for the maintenance of elderly parents, an unemployed spouse or other relatives. These materiel are recovered according to a settlement by voluntary or compulsory decision of the court.
Why is child support debt piling up?
In accordance with the law are established dimensions of alimony. The existing regulatory documents are periodically amended, so the amount payable may vary. Thus, even bona fide citizens may have child support debt.
In total, there are two categories of reasons for non-payment of alimony: respectful and disrespectful. The court shall recognize the reason as valid if the debt was formed under the influence of circumstances not related to the fault of the payer.
Long-term treatment in a hospital and the impossibility therefore to make timely payments can be considered a good reason. The court will take these circumstances into account if an extract from the medical history is presented.
If the payer went on vacation or for some business, and did not take care of the deductions in advance, then this will be considered a disrespectful reason for the delay.
If the court recognizes that the debt was formed not through the fault of the person, then he will be removed from all blacklists and the time during which the debt should be repaid will be determined.
How to find out if there is a debt for child support?
The law applies strict sanctions to debtors, for example, the impossibility of flying abroad or obtaining a loan. So, you have formed a debt for child support. What to do?
In order not to be in an unpleasant situation, it is better to play safe before you fly abroad and find out in advance whether you have child support debts and, if so, what “amount” has run up. There are several ways to get this information. You can find out about child support debts on some official Internet resources.
- On the website of the Federal Bailiff Service (FSSP), which contains all the information of the database of enforcement proceedings. There you can find contact details (addresses and phone numbers) for personal contact for information.
- The regional portals of court bailiffs have detailed information on debtors of various kinds, including non-payers of alimony.
- On the website of the "electronic government" - "State services", where there is all the data on enforcement proceedings. To do this, you need to determine your location, and then you can get all the information you need.
- In the social networks VKontakte and Odnoklassniki. You can do this by going to the “Applications” tab on your page and selecting “Bank of enforcement proceedings data”. Besides the fact that there is an opportunity to get the necessary information, an SMS subscription is also issued about existing debts and any changes in arrears in the payment of alimony.
On all these Internet portals, you can find information about debts on alimony by last name. It is enough to open the desired application and determine the location of the debtor, and then enter his name and initials in the appropriate field.And if the number of the enforcement proceedings is known, then it will be even easier to get the information of interest.
In addition, child support debt can be identified using modern mobile devices that run on OC iPhone, Android, Windows Phone. To do this, in the search engine line you need to register "FSSP".
You can also find out about alimony debts at the place of residence at the bailiffs.
How to collect debt for alimony
This can be done through the bailiffs or by writing a letter of execution to the World Court (in the same place where the documents for divorce were filed). In order to debt collection on alimony was successful, and in that, and in the other case, the state authorities need to help and report all available information about the debtor.
We appeal to the bailiffs
Usually, when applying to the bailiffs, the applicant needs to be prepared that the case will move slowly. In order to speed it up, you need to inform the executive body of the place of residence and work of the debtor, as well as everything that is known about his property and property. If nothing is known about the person, he is put on the wanted list.
The statement submitted to the bailiffs must indicate:
- Name of the representative of the interested person;
- Name of the person in whose favor the money is recovered;
- on the basis of what document does this penalty take place;
- from what date the debt has accumulated.
If there is no result due to the inaction of the bailiffs, the applicant has the right to appeal to the prosecutor with a complaint about their sluggishness.
We appeal to the World Court
The Criminal Code of the Russian Federation exists Section 157, according to which, for malicious avoidance of alimony the debtor may face criminal liability. What to do? How to collect debt for child support? To do this, it is necessary for the legal representative of the person in whose favor child support will be collected to write a statement to the World Court at the place of residence of the debtor (defendant). First, a court decision is made on such a recovery, and then a criminal case is initiated under this article.
The debtor (defendant) has the right to file a counterclaim in the event that the formation of debt occurred for a good reason.
Debt forfeit
With the non-payer, you can still demand a penalty for debt on alimony, especially if a decent amount has accumulated and a debt has been formed for an excusable reason. This is provided for in article 115 of the RF IC. The amount of the penalty is 0.5% of the total amount of the principal debt for each overdue day. Thus, you can get a tidy sum.
Such cases, however, usually progress very slowly, especially if the whereabouts of the defendant is unknown. If the case does not move at all, then you can file a complaint with the prosecutor.
The non-payer of child support can be deprived of parental rights
Permanent failure to pay child support is evasion of parental responsibilities. For this, it is entirely possible to lose parental rights to the child.
For this, the mother or father living with the child needs to file a lawsuit in court. The decision will be made taking into account the views of representatives of guardianship and trusteeship bodies.
How are alimony debts recovered?
So, the malicious deadbeat formed considerable debts. Bailiffs in child support in the arsenal have many means to recover material resources. Often, malicious deviators move to another city, sell their property, so as not to pay for the maintenance of their own child, therefore, the primary task of the executive bodies is to determine the current place of work and residence of the deadbeat. To do this, they interview the acquaintances and relatives of the debtor, and also contact the tax authorities to establish information about his property or vehicles.
After the non-payer is discovered, he is offered to pay off alimony debt on a voluntary basis within the established period. If this requirement is not met, the debtor shall be recovered. executive fee and a new period for debt repayment is determined.
If the required amount has not been paid during the indicated period, then a writ of execution shall be sent to the place of work, as well as to banks and credit organizations where the debtor may have accounts and deposits. According to it, employers are obliged to forcibly deduct amounts to pay off alimony debt, and funds can be withdrawn from bank accounts to pay off this debt in full.
Additional debt collection measures
If the measures taken did not lead to a positive result, then the property of the debtor (real estate or car) may be seized. This procedure is carried out at the initiative of the bailiffs themselves or at the request of the person concerned. After the arrest and inventory, the property will be sold, and the money will be used to pay off the debt.
As mentioned above, the debtor for alimony can be blacklisted, which means that the departure abroad will be closed to him. Very often, just such a method turns out to be effective, because in this case a citizen of the Russian Federation who has a debt on alimony will not be able to leave the territory of his state until the full payment of the specified amount.
Man has nothing. How to collect a debt?
In this case, the bailiffs can go home to the debtor and confiscate the TV, tape recorder, refrigerator and other household appliances. It is clear that after the implementation, and also taking into account depreciation, a small amount will be received, but for your money, especially those that are assigned to the child, you must fight in all possible ways.
There is another option - you can try to find out through the registry office, whether the debtor is currently married. To do this, bailiffs send a request to this authority. If the answer turns out to be positive, such an option is also possible - an apartment, a car, a summer house and all property can be issued for a new spouse. In this case, all property acquired in a marriage is divided in half. Therefore, if the former spouse is currently married, there is a real opportunity to allocate his share and withdraw it to pay off child support debt. Sometimes such an action is the only possible for a refund.
