Each child, according to domestic law, has the right to receive the content necessary for full moral and physical development. One of the types of such security is child support. They are assigned when the parents divorce. Let us further consider what constitutes the penalty for non-payment of alimony in 2015. 
General information
In Art. 80, p. 1 of the UK establishes the obligation of parents to support their own children under the age of majority. The order in which alimony is collected depends on a number of circumstances. In particular, parents can make an agreement. It, by agreement, sets the amount of payments and the way in which they will be made. Also, the court may appoint child support.
Voluntary performance of an obligation
The agreement concluded by the parents must be certified by a notary. This requirement contains art. 100 SK. The agreement may establish that payments for the maintenance of a minor will be received periodically or it will be a one-time deduction in a fixed amount. Alimony may also be provided in the form of property. As practice shows, it is extremely rare for parents to reach a mutual agreement. In these cases, one of them has to go to court and defend the interests of the child. 
Punishment for non-payment of alimony in Russia
The reluctance of one of the parents to provide for their children can entail quite serious consequences. Domestic legislation, in particular, provides for criminal penalties for non-payment of alimony. This fact is one of the parents in whose care the children (child) can use to their advantage. In particular, he can inform the debtor about the punishment he faces for non-payment of alimony. In some cases, this has an effect.
Criminal Code
The penalty for non-payment of alimony is applied according to Art. 157. Its provisions state that a person who maliciously evades fulfillment of obligations may be held liable. In this case, “malice” should be understood as a systematic, persistent, intentional failure to fulfill the obligation regarding the maintenance of the child. 
Malicious Evasion: Symptoms
Various situations can happen in life. For example, a parent who has obligations may lose his job, become seriously ill, and so on. But in practice, there are more and more situations when absolutely healthy, able-bodied citizens do not want to help their child, depriving him of the necessary support. In these cases, they face a penalty for non-payment of alimony. The main signs of malicious evasion include the following:
- Concealment of real income.
- Change of residence in order to evade payment.
- Stay wanted for breach of obligation.
- Reluctance to get a job in the direction of the employment center.
- Non-payment of alimony for a long period (four or more months).
- Evasion of debt repayment after receiving a warning of liability from bailiffs.
Important point
It should be noted that the penalty for non-payment of alimony occurs only if they are awarded by a court decision. But how to prosecute a parent who does not fulfill obligations under the agreement? In case of violation of the terms of the contract, only those consequences that are spelled out in it occur.
The penalty for non-payment of alimony: classification
In the case of malicious evasion of the fulfillment of his obligation, the parent may be deprived of his liberty. The term of imprisonment is up to one year.In addition, in Art. 157 of the Criminal Code are provided for:
- Correctional work up to a year.
- Arrest up to three months.
- Mandatory work lasting 120-180 hours.
Effects
Criminal prosecution and criminal record - a very unattractive prospect for the debtor. When initiating proceedings, a person who does not fulfill obligations may be limited in his freedom of movement across the territory of the Russian Federation and travel outside it. Having a criminal record also has adverse effects on the person. For example, he is not allowed to occupy certain positions. In addition, if there is a court order stating that the fact of malicious non-payment of alimony has been proven, the interested party has the right to file a lawsuit to deprive the defaulter of the rights to the child. 
Can a debtor be held accountable?
First of all, the interested party should apply to the court with a corresponding statement. It should describe the situation and demand the recovery of funds for the child. Upon satisfaction of the claim, the plaintiff will receive a writ of execution. This paper must be handed over to the bailiff. Within ten days from the date of receipt of the executive document, the official takes the necessary measures to implement the decision. If the actions of the bailiff did not bring the expected result due to the fact that the obligated person is maliciously evading payment, he can be held accountable. However, in this case, the fact that the debtor intentionally does not fulfill the obligation must be proved. 
Possible solutions to the problem
In order to hold a defaulter accountable, it is necessary to prove the direct intent of evasion. In other words, the obligated person must consciously decide not to execute the court decision. It should be noted here that quite a lot of time can pass - months and even years - until the moment the obligation is paid and the child support is paid. If the writ was for a long time at the bailiff without movement, you can do the following:
- Send a letter to the FSSP dealing with the case with a request to notify you of measures taken so far to implement the court decision.
- Write a complaint about the inaction of the bailiffs or challenge the actions of the FSSP in court.
- Request a certificate of debt. You can also apply to this court with a request to recover a fine for non-payment of alimony.
- Write a statement to the FSSP on holding the debtor accountable under Art. 157 of the Criminal Code.
