The procedure for collecting alimony from the convicted child (s) is slightly different from the general procedure for the execution of similar court decisions. The legislator does not establish certain restrictions or benefits on the payment of monthly maintenance for minors for persons in places of deprivation of liberty.
Do convicts pay child support?
The deprivation of liberty by a parent on the basis of a court verdict does not exempt him from parenthood. The second parent, most often the mother, has the right to recover child support in a judicial proceeding on a common basis, even when married to a convicted citizen.
Upon delivery of a copy of a court decision or a court order to the convict by the colony administration, it remains the right to appeal the received document or to submit its objections. Within one month, a complaint is filed against the decision, and within ten days - objections to the court order.
In the absence of complaints and objections from the defendant, the writ of execution is submitted for execution to the Federal Bailiff Service.
The legislator also provides for the option of concluding a notarized agreement by the parents of the child.
Procedure for the enforcement of judgments in relation to persons in custody
The enforcement proceedings for the recovery of alimony from the convicted child shall be initiated on the basis of the executive document (sheet or order).
The civil servant is obliged to send an official request to the place of serving the sentence of the defendant in order to establish the fact of employment of the latter.
If in the course of executive actions the bailiff establishes the fact that the debtor was employed at the place of serving the sentence, the civil servant will take measures to collect alimony payments from the income of the convicted person. To do this, he will make and send to the correctional institution a resolution on the recovery of financial content for children from the salary of a citizen who is serving a sentence.
Deductions from the income of a citizen in custody
The amount of alimony from the convicted child is dependent on the monthly maintenance amount determined by the court, as well as on the debtor's arrears of payments.
If at the time the bailiff makes the decision, the amount of the debt on the parent's obligations exceeds ten thousand rubles, the maximum percentage of deductions from the monthly income of a citizen should not exceed 75% of the total amount. That is, the accounting department of the colony with the accrued salary of the convicted person will withhold the monthly percentage of the writ of execution (25, 33 or 50 percent, depending on the number of minor children), plus a portion of the debt attributable to the defendant.
Accordingly, the firm amount of alimony from the convicted person is withheld in the amount determined by the court, but not more than 75% of his total income.
This calculation procedure is explained by the restriction established by law, according to which a person in prison is guaranteed a monthly minimum (25%), which should remain at the disposal of a citizen (part 3 of article of the Penal Code of the Russian Federation).
In the absence of debt, the alimony from the convicted child is withheld in the amount established by the judicial authority. The value also depends on the number of children on whom the monetary maintenance is exacted.
How do convicts pay alimony if they are at large?
Correctional labor shall be appointed by a court judgment if the person does not have a permanent place of work.Jobs for the employment of such citizens are provided by the local administration (of course, if there are such places), having previously agreed on the employment procedure with the Penal Inspection at the place of serving the sentence.
From the accrued earnings of a citizen sentenced to correctional labor, the amounts assigned by a sentence or a court order in favor of the state, as well as by executive documents being executed by the Federal Bailiff Service, are withheld.
How is the calculation carried out?
The income of a convicted citizen may amount to the following types of payments:
- wages accrued by the administration of the colony, pre-trial detention center, medical correctional institution for the convict to perform the functions of the institution in which he is held;
- convicted pension, including disability pension;
- other income not included in the list of income that is not levied (Article 101 of Federal Law No. 229-FZ).
Withholding of alimony payments is carried out similarly to deductions made at the place of employment of debtors who are at large.
The citizen's income tax is deducted from the total accrued income, after which the amount of alimony is deducted in accordance with the amount established by the court and the bailiff, with the exception of the prisoner's pension (pension is not subject to income tax by law).
The sequence of deductions
In addition to the obligation to pay monthly maintenance per child, certain categories of citizens sentenced to deprivation of liberty are obligated to pay off other types of payments appointed by the court. If there are several excited enforcement proceedings against the convicted person, deductions for existing debts are made in accordance with the sequence established by law (Article 111 of Federal Law No. 229-FZ):
- Payments for alimony, compensation for non-pecuniary damage, harm caused as a result of a crime committed by a citizen (including for harm to health, as well as payments for the loss of a breadwinner).
- Payments of wage arrears.
- Payments to the budget and extrabudgetary organizations (e.g. fines, tax arrears, pension contributions).
- Other debts (for example, loans, debts for utility bills, etc.).
Based on the established priority of satisfying the requirements, if a citizen has no other debts, obligations to pay monthly maintenance are subject to fulfillment in the first place.
If a person has no income?
The main difficulty in collecting child support from a convicted child is the lack of a monthly income from the debtor. The overwhelming majority of correctional institutions are not able to employ prisoners, while a citizen serving a sentence has no other way of earning money to support children.
If the convicted person has no income for the entire period of the conclusion, the bailiff shall calculate the debt for maintenance obligations based on the average Russian monthly income (average Russian wage) at the time the amount of the debt is calculated.
Upon serving the sentence, a former citizen in custody is obliged to pay off the arrears, as well as to pay the minor a monthly amount of upkeep.
How can a convicted wife recover child support?
The basis for recovery will be a writ of execution, which the woman must receive by contacting the judicial authority. The options on how to file child support for a convicted person in marriage and divorce do not differ in principle.
To obtain an executive document, a woman must apply to the district court with a statement of claim. After the consideration of the case, get the sheet and transfer it to the territorial department of the FSSP, at the place where the defendant is serving his sentence.After the bailiffs transfer the executive document, the recipient will be credited with funds for the maintenance of children from the convicted parent.