Back to Alimony
Due to a number life circumstances or personal unwillingness of the payer, payments can be made in violation of the monthly schedule or in amounts less than previously established. In addition, there are situations when deductions stop altogether.
This is how child support debt is formed. The legislator has provided for mechanisms to protect the recipients of such deductions from such risks, as well as procedures for calculating and collecting funds for the maintenance of minors.
Depending on the circumstances, the parties to legal relations are guided by the provisions of the Family Code of the Russian Federation, as well as the Law of the Russian Federation "On Enforcement Proceedings". In addition, for evading the payment of alimony, the Criminal Code of the Russian Federation provides for quite severe punishment.
In each specific case, the reasons for the formation of alimony debt are analyzed. This is necessary in order to make a decision regarding the debtor.
As practice shows, arrears in the payment of alimony can most often form:
Due to the debtor's intentional evasion of payments;
absence real opportunity to provide payments, which may depend on the state of health of the debtor, his lack of regular income, as well as family circumstances;
in connection with an error in the accounting department of the enterprise when accruing deductions;
due to the fault of the recipient, who hides his location or refuses to receive transfers.
Timing
A feature of these legal relations is a special procedure for the limitation period, which is defined by articles 107 and 113 of the Family Code of the Russian Federation.
In accordance with these rules, the collection of debts that have arisen through the fault of the payer is not subject to the statute of limitations. You can apply for this debt not only until the moment when the child reaches the age of majority, but also after 18 years.
In addition, it is possible to assign maintenance payments not only from the moment of applying to the court, but also for previous periods, but only within a three-year period.
In general, many factors influence the determination of the limitation period, and therefore its calculation is made in each specific case.
Amount owed
When determining the amount of debt, several calculation options are used. This is done by the bailiff service, and the choice of a specific method depends entirely on the form in which the payments were assigned, as well as how the debtor is ready to cooperate with the contractor.
So, when assigning alimony in shares of income, the debt is calculated on the basis of data on the amount of earnings and sources of income that are provided to the service of executors by the payer or tax authorities. In the event that a person does not provide information on the amount of his earnings, the bailiffs have the right to calculate the debt based on the average wage in Russia.
If payments are assigned in hard monetary terms, then the indicator is used to calculate the amount of debt living wage in the region where the issue of debt is being resolved.
Procedure for the recipient
The procedure for the recipient to receive alimony arrears largely depends on how it was formed.
After receiving a court decision on the purpose of payments, on the basis of a writ of execution, the bailiff service opens enforcement proceedings, within which the sources of the payer's income are determined, and the writ of execution is sent for deductions from wages at the main place of work.
If the debt arises during enforcement proceedings due to untimely or incomplete transfer of the due amounts, then you should contact the bailiff who conducts the enforcement proceedings. In accordance with the Law on Enforcement Proceedings, the bailiff has the right to apply enforcement methods to the debtor, which can be expressed in the seizure of property and its subsequent alienation to cover the resulting debt. In addition, the debtor's right to travel outside Russian Federation.
In cases where the enforcement service cannot provide effective collection and the debt continues to grow, the recipient has the right to contact the executor to determine the amount of the debt.
Having received a resolution with a calculation, it is necessary to apply to the Magistrate's Court with a statement of claim for the recovery of this debt. At the same time, by separate petitions or in the lawsuit itself, it is possible to demand the application of measures to ensure it by the court. As part of this process, a decision can be made not only to recover the accumulated debt from the defendant, but also to change the amount of monthly payments.
Having received this court decision in hand, the plaintiff draws up a writ of execution, on the basis of which the execution can be levied not only on the defendant's income, but also on his movable and immovable property.
Procedure for the payer
The Family Code of the Russian Federation provides for the absolute obligation of maintenance obligations. If they were appointed by the court or determined by agreement of the parties, the payer is obliged to fulfill them. It is impossible to evade payments without good reasons, as this can lead to a number of negative consequences.
First, enforcement measures can be applied to the debtor's property. The exemption can be applied not only to the income and monetary assets of a person. Identified movable and immovable property can be seized, subjected to an assessment and put up for sale. The proceeds from this procedure are used to pay off the debt.
In addition, for the delay in obligations, the recipient may recover a penalty from the payer. And in cases of malicious evasion of the performance of their duties, the department of inquiry of the executive service may initiate criminal proceedings under Article 157 of the Criminal Code of the Russian Federation.
What do you need to know about child support debt?
On the other hand, if there are objective reasons why a person cannot make the designated contributions, or the amount of debt determined by the contractor does not correspond to the income level of this person, Article 114 of the Family Code of the Russian Federation provides for the possibility of reducing or completely writing off the debt. In addition, if the amount of deductions established by the court violates the rights of a citizen, he can challenge it in court.
In order to achieve this, it is necessary to prepare an evidence base. For example, if the cause is a protracted illness or injury that does not allow work, then it is necessary to issue an appropriate MSEC certificate or a medical report from the attending physician. If small earnings do not allow you to support your children in addition to the child for whom alimony is issued, you need to take a certificate of income, an extract from the place of residence on the composition of the family, as well as birth certificates for babies and prepare a calculation of the funds necessary for their maintenance.
These documents will become evidence for the statement of claim, which must be submitted to the Magistrate's Court.
After the decision is made, it must be submitted to the bailiff service, in the production of which the case materials are located. On the basis of a judicial act, the amount of the debt will be adjusted, or it will be written off.
Alimony penalty
One of the tools to motivate the debtor is a penalty that can be recovered from him for the delay in fulfilling his obligations. According to article 115 of the Family Code of the Russian Federation, its amount is 0.5% of the amount owed for each day of delay. The collection of these penalties occurs in court as part of the lawsuit proceedings.
Collection for the past period
One of the features of the maintenance penalty is the possibility of their appointment for periods preceding the moment of going to court. According to the rules of Article 107 of the Family Code of the Russian Federation, such deductions are possible if the plaintiff proves that before applying to the court he made efforts to obtain alimony, and also that the parties did not conclude an agreement on the maintenance of the child.
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There is a debt for alimony when the next payment is delayed even for one day. Moreover, it is not necessary that the violation of the payment schedule occurred due to the payer's evasion from his duties - there are various situations when parents do not pay money for children on time. We will analyze what to do if alimony debt has formed, how the amount of debt is determined and how it can be received from a former spouse.
Timing: How long does it take to collect the debt?
The Family Responsibilities Act states that child support debt can be collected only for the previous three years. True, you need to carefully study what is meant here.
Terms of application for alimony in accordance with paragraph 1 of Art. 107 of the RF IC can be any - no matter how much time has already passed from the moment when the right to receive funds for a child (from a divorce) appeared. But this rule only applies if previously payments were not made at all, and a mutual agreement of the parents was not drawn up.
The second paragraph of the same article 107 states that the alimony debt can be withheld only for the three-year period preceding the appeal to the court, if this already repeated statement of claim or the existing agreement is not fulfilled. How to collect a debt
In addition, here is what the law says about alimony arrears: Clause 1, Art. 113 of the Family Code contains information that this time limit is valid only if the recipient of funds is inactive.
If there is an agreement between the spouses, certified by a notary, or a writ of execution issued by the court, but this document was not used for its intended purpose, then when it is presented to the bailiff service, the money will be collected only for the last 36 months (if there are grounds for payment during this period funds per child).
In the event that the alimony debt arose solely through the fault of the debtor himself and it was his actions that led to the delay in payments, since he evaded the performance of his duties, hid himself or hid income, then debt repayment should be made for the entire period of such behavior of a negligent parent .
Amount: the amount of debt and its definition
How to determine exactly what amount is not paid by the alimony and how much he owes his child as a result?
Initially, the calculation period is set, and then an assessment is already made of what amount the alimony debt has reached for the period under consideration. The bailiffs request retrospective information on the amount of the debtor's income during this period, on the basis of which they make a calculation, also taking into account the provisions of the agreement between the former spouses or the court decision, which determines the share of earnings going to support the child.
But even here there are some peculiarities of how the alimony debt will be calculated:
- the amount of salary and other income from which payments are calculated is known and officially confirmed - payment of debts on them is calculated without additional clarifications (clause 3 of article 113 of the RF IC);
- there is no exact data on the debtor's earnings for previous years - the alimony debt is set based on the average wage in the Russian Federation for the corresponding year (in 2013 it was 29.9 thousand rubles, in 2014 - 32.6 thousand rubles, and by the middle of 2015 - already 35.9 thousand.
rubles) in the proportions specified in the court decision or in the agreement;
- if the absence of wages and income from the alimony is documented (he is officially unemployed), then the alimony debt will be determined taking into account the subsistence level in the corresponding region, and the part that should go to support minor offspring will be calculated from this amount.
Moreover, it should be understood that the alimony debt is not the worst thing that awaits the defaulter, other punishments await him.
Sanctions: how will the debtor be punished?
Collection of debts on parental obligations is carried out by bailiffs during two months from the date of issuance of the relevant court order or presentation of other executive documents. The bailiffs will force you to return the debt for alimony as follows:
- deduction from the salary of the alimony at the place of work;
- arrest of the debtor's bank accounts and write-off of funds towards the return of delayed payments;
- arrest of the defaulter's property with its subsequent sale.
In parallel with the requirement to repay the alimony debt, the payer will be billed for the search for him and his property, the court and legal costs incurred, and they will also prepare a claim for debt to the state.
According to the Family Code, during the period of the search for alimony, an increased allowance from the budget is paid for a child (the size of the standard payment increases by 50%). As a result, when the violator is discovered, he will have to pay the alimony debt and this amount of obligations to the budgets, and there will also be additional penalties (total debt will increase by an amount of 50% of the child allowance, increased by another 10%).
What happens if you don't pay
Other sanctions in case of untimely issuance of funds for the maintenance of a child may be provided for by a voluntary agreement.
1 st. 115 RF IC).
A persistent non-payer who has alimony debt and evades its repayment will be subject to criminal liability (Article 157 of the Criminal Code of the Russian Federation): arrest for three months, or corrective labor for a year, or compulsory work for 120 to 180 hours. Therefore, it is better to settle the issue with the content of their own children without such complications.
In a situation where the financial situation of the debtor himself leaves much to be desired, you can file a counterclaim with the court for exemption from alimony or to review their size (Article 119 of the RF IC). If there are objective reasons for changing payments, the amount of alimony will be revised downward by the court.
This will interest you:
In addition, the debtor will have to pay a fine - 0.5% of the total amount of obligations (clause 2, article 115 of the RF IC), accrued for each day of delay. It is for this reason that the amount of amounts due for collection is growing daily and it is not worth delaying the fulfillment of their obligations by a parent who has left the family.
Hello Labor Code says
Article 138. Limitation of the amount of deductions from wages
If there are executive documents relating to specific employees, the employer is obliged to make monthly deductions from the employee's salary until the debt is fully repaid. By general rule, the amount of these deductions cannot exceed 20% of the amounts due to the employee.
If there are several executive documents for one employee, 50% of wages must be kept for him.
However, the restrictions established by the commented article do not apply to deductions from wages when serving correctional labor, recovery of alimony for minor children, harm caused by the employer to the health of another person, compensation for harm by a person who has suffered damage due to the death of the breadwinner, and compensation for damage caused crime.
Alimony debt and the procedure for its repayment
The amount of deductions in these cases cannot exceed 70% of wages.
Deductions may not be made from payments that are not subject to foreclosure in accordance with federal law. In accordance with Art. 69 of the Federal Law of July 21, 1997 N 119-FZ "On Enforcement Proceedings" collection cannot be levied on amounts of money paid:
1) in compensation for harm caused to health, as well as compensation for harm to persons who have suffered damage as a result of the death of the breadwinner;
2) persons injured (injuries, injuries, contusions) in the performance of their official duties, and members of their families in the event of death (death) of these persons;
3) in connection with the birth of a child; mothers of many children; single father or mother; for the maintenance of minor children during the search for parents; pensioners and disabled people of the 1st group for their care; victims for additional food, sanatorium treatment, prosthetics and expenses for caring for them in case of harm to health; for maintenance obligations;
4) for work with harmful working conditions or in extreme situations, as well as for citizens exposed to radiation due to accidents at nuclear power plants, and in other cases established by the legislation of the Russian Federation;
5) by an organization in connection with the birth of a child, with the death of relatives, with the registration of marriage, for severance pay paid upon dismissal of an employee.
Thus, it is not possible under current law to keep your debt in full at one time.
consultations, preparation of documents, statements of claim
Alimony debt occurs when the payer stops transferring funds. Considering that alimony is intended to support the child financially, non-payment is a serious violation that ignores the rights and interests of the child. In such circumstances, the recipient of alimony has the right to demand repayment of the debt through the court.
In modern conditions, most citizens face difficulties when trying to collect alimony. The fact is that debtors are trying to resort to different ways to avoid fulfilling their obligations. In such a situation, only bailiffs can help resolve issues with maintenance debts.
The procedure for collecting and determining debt on alimony
Alimony debt is determined directly by bailiffs, who, following the results of the appeal, analyze data on the income of the alimony payer for the period of debt. Based on the information received, they determine the exact amount of the debt. The calculation of alimony arrears cannot be made by the recipient of payments, and therefore rests with the bailiffs.
Bailiffs consider the issues of determining debt, based on the moment of collection of payments until the date of calculation. If the payer could not fulfill his obligations to pay alimony for a good reason (delayed salary, serious illness, temporary lack of income), then in this case the debt will be determined for a period of up to 3 years. If the payments were terminated without a good reason, then the recalculation of the debt on alimony will be carried out for the entire period during which payments are not received in the name of the recipient.
The collection of debts for alimony occurs through the courts. The court issues a verdict on the recovery of the amount of the debt, and transfers the decision to the bailiffs, who will be charged with recalculating the debt. If the payer has valid reasons due to which he is unable to fulfill his financial obligations, then in this case a temporary exemption from the payment of alimony arrears may be applied.
Calculation of alimony arrears
If the question arises: “How to find out the debt for alimony?”, Then the payer or the recipient of payments has the right to contact the bailiffs for recalculation of the debt on payments.
Before making the process of determining the debt for alimony, the bailiff requests data on the financial situation of the payer, and based on the data received, calculates the exact amount of the debt.
It is worth noting that the calculation is made on the basis of an application for the collection of debts for alimony, or at the initiative of the payer or recipient of alimony payments. In this case, you can get a calculation of the debt on alimony.
If the application for alimony arrears was received during the period when the payer did not work and, therefore, had no source of income, then in this case, the average salary in the country will be taken into account when calculating the debt. The calculation of arrears of alimony is carried out on the basis of these data.
After the bailiff has recalculated the amount of the debt, he draws up a resolution in which he notes all the conditions for repaying debts, or determines the possibilities for exemption from paying alimony arrears for a while.
If the payer or recipient of alimony believes that the bailiff made mistakes in the calculation, then they have the right to challenge his actions (calculation of debt on alimony) in court, but if there is strong evidence.
How to find out child support debt
Sometimes alimony arrears are formed even for someone who pays in good faith. To prevent such a situation from arising, it is worth checking the status of your payments from time to time to see if there is a debt for alimony. There are several ways to find out child support debt.
- In the data bank located on the portal of bailiffs who are responsible for collecting alimony arrears. Address/Metro - http://fssprus.ru/iss/ip/
- On a single portal of public services - http://www.gosuslugi.ru/
- Using a smartphone.
- By logging into a special social network application.
You can view the child support debt on the FSSP website by going to its website. Everything related to the execution of punishments is displayed here. You can find information about alimony arrears of any person who is a court-ordered alimony payer.
To do this, you need to find a plate in the left part of the window to change the region. By clicking on it, select the unit of the bailiff service in the right one. In the event that alimony arrears have been formed with individual, click on the appropriate box.
If you know the number that was assigned by the court when the alimony debt was collected, it is entered in the appropriate column.
How to find out the debt on alimony on the portal of public services? It's easy enough if you know the procedure. First you need to register on the site. Then go to the "Electronic government", where to find the "authorities". After that, a list of organizations will appear, in which the Ministry of Justice is selected further - FSSP. Here, the alimony debt is in the section of open enforcement proceedings. When you click on the "get the service" button, you enter the password and login. You can search to find out the child support debt.
How to find out the debt for alimony if the claimant has only the last name and initials of the one who owes him? To find information about alimony arrears on the websites of the FSSP and public services, you also need to know your date of birth. If it is unknown, you can contact the bailiff who collects the debt for alimony. Information about child support arrears can be provided by phone or in writing.
View child support debt
How to find out child support debt mobile phone? To do this, you need to have a device with operating system iPhone, Android, Windows Phone. Enter the application bank, where to find the FSSP.
You can see the debt on alimony in the social networks VKontakte and Odnoklassniki. Here you can use the application
"Data Bank of Enforcement Proceedings". To always be aware of what the child support debt is, simply subscribe to information updates.
Alimony arrears claim
An application for the recovery of alimony debt is sent to the courts when the amount of debt calculated by the bailiff will create conditions for violating the rights and interests of one of the parties.
If the situation develops in such a way that the alimony arrears are excessively high, then it is necessary to apply to the court in a written statement about the violation of the rights of the child. It is worth noting that the application has a prescribed form, however, in order not to face complications in the future, it is necessary to involve a lawyer in the process of filing a lawsuit, which will help to correctly draw up all the documentation and achieve an early resolution of the process in your favor.
The court will collect alimony once, in the future only the amount of debt will be changed, and a different payment procedure and method of transferring funds will be established.
In order to initiate legal proceedings regarding debt collection, it is necessary, in addition to the relevant application, to attach additional documentation that confirms the obligations of the alimony payer to pay and confirms the existence of circumstances that violate the rights and interests of the payee.
Paying off child support debt
Speaking about how to collect alimony arrears, it should immediately be noted that this process is carried out with the direct participation of bailiffs, who act in accordance with a court decision.
After an application for the calculation of alimony arrears is submitted, the bailiff determines the final amount of the debt. At the same time, many factors will be taken into account that could directly or indirectly influence the creation of circumstances under which the payer will not be able to make payments.
In particular, when considering this issue, the financial solvency of the payer will be studied, as well as the existence of good reasons for which he could not fulfill his obligations. Based on this, the amount of the debt will be determined, as well as the period during which the debtor will have to pay off all debts.
Debt repayment can be made both with the active controlling participation of the court and bailiffs, and by agreement of the parties. That in the first, that in the second cases, it will be necessary to sign an official document, which will indicate the methods of repaying the debt and the time period during which this must be done. Based on the adopted resolution, the payer will have to fulfill his financial obligations in accordance with the agreements.
In some situations, the court has the right to temporarily relieve the payer of the obligation to pay off debts, if there are good reasons for this. In addition, the amount of debt can be changed over time, both upwards and downwards. If the situation has developed in such a way that the child has reached the age of 18, and there is a debt for alimony, then he will be obliged to independently file a lawsuit in court demanding the collection of the full amount of the debt.
Appealing the amount of debt on alimony
Alimony arrears are determined by active participation bailiffs. It is they who are responsible for determining the amount of debt. It is worth noting that, when making calculations, bailiffs are guided by many factors, including the circumstances of the payer, which did not give him the opportunity to fulfill financial obligations.
Based on the results of the actions taken, the bailiff makes a decision on the calculation of alimony arrears. It is this document that the court will be guided by when issuing a verdict.
If, as a result of the decision, the payer or recipient has any claims, then they have every right to appeal against the established amount of alimony. For example, this can be affected by the indexation of payments carried out as a result of the recalculation, or the financial difficulties of the payer, that is, a decrease in its financial potential.
To appeal the amount of the debt, you must submit an application to the court. It must indicate all the reasons that the plaintiff considers fundamental in the appeal. In addition, it will be necessary to insist on a recalculation, taking into account all the requirements specified in the claim.
You can appeal the decision of the court within 2 weeks from the date of the verdict. If this does not happen, then the decision automatically enters into force, and all parties to the enforcement proceedings will be forced to comply with it.
The calculation of alimony arrears is done by bailiffs, the amount of alimony arrears is determined in the decision of the bailiff on the basis of Article 113 of the House Code of the Russian Federation and Art. 102 of the Federal Law of the Russian Federation of July 21, 1997 No. "On Enforcement Proceedings".
Article 113 of the Home Code of the Russian Federation.
1. Calculation of debt on alimony. common and popular. Calculation of debt on alimony documents, specifically through the fault of the defendant. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is done within the boundaries of a 3-year period preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony for collection.
2. 2.1 example of calculating debt calculation of debt on alimony calculation example. In cases where the withholding of alimony on the basis of a writ of execution or on the basis of a notarized agreement on the payment of alimony was not carried out due to the fault of the person obliged to pay alimony, the collection of alimony is done for the entire period, regardless of the 3-year period established by clause 2 of article 107 of the real Code.
3. The amount of debt is determined by the bailiff on the basis of the amount of alimony determined by a court decision or an agreement on the payment of alimony.
4. Arrears of alimony. How is formed debt on alimony. Calculation of the amount of the amount due for. The calculation is calculated as 0.5% of the amount owed. The amount of debt on alimony paid for minor children in accordance with Article 81 of this Code is determined based on the earnings and other income of the person obliged to pay alimony, for the period during which the recovery of alimony was not carried out. In cases where the person liable to pay alimony, did not work during this period, or if documents confirming his earnings and (or) other income are not presented, the alimony debt is determined based on the average salary in the Russian Federation at the time of debt collection. Calculation of debts for alimony calculation of debt by (or reduction of its amount). The calculation of alimony arrears can be challenged in court. The calculation of debts for alimony is carried out depending on the method of their accrual. Both the debtor and the recoverer can apply to the tribunal. If such a definition of debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to apply to the tribunal, which can find a debt in a hard currency amount based on the material and domestic situation of the parties and other noteworthy events.
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Determining child support arrears
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Payment alimony penalties. how to calculate the penalty?
Payment penalties for alimony. how to calculate the penalty? Payment penalties for alimony. how.
5. Particular attention should be paid to the calculation of arrears of alimony penalties for alimony. Calculation of alimony arrears by a bailiff c. Calculation of alimony arrears. how to calculate. In case of disagreement with the determination of the debt on alimony by the bailiff, any of the parties may appeal against the actions of the bailiff in the manner prescribed by the civil procedural legislation.
6. The amounts of the monthly allowance for a child established by federal law, paid during the period of the search for his parents evading the payment of alimony, in part of their fifty percent increase, are recovered from these parents with an accrual of ten percent of the amounts paid to the budgets of the constituent entities of the Russian Federation. Calculation of alimony arrears. bailiffs. Calculation of debt for however direct calculation of the amount of alimony). Payment. These claims are equated to claims for the payment of alimony.
Article 102 of the Federal Law of the Russian Federation of July 21, 1997 No. "On Enforcement Proceedings"
The procedure for collecting alimony and debt on alimony obligations
1. When raising the statutory minimum size the bailiff and the persons specified in Part 1 of Article 9 of this Federal Law shall index the alimony collected in a fixed amount of money in proportion to the increase in the minimum wage established by law. Payment arrears on payment child support arrears to determine the amount. Calculation of alimony arrears by a bailiff. On this indexation, the persons specified in Part 1 of Article 9 of this Federal Law are required to issue an order (instruction), and a bailiff. issue a ruling.
2. The amount of debt for alimony is determined in the decision of the bailiff-executor based on the amount of alimony established judicial act or agreement on the payment of alimony.
3. The amount of debt on alimony paid for minor children in shares of the debtor's earnings is determined on the basis of the debtor's earnings and other income for the period during which no alimony was collected. If the debtor did not work during this period or documents on his income for this period were not submitted, then debt for alimony is determined based on the average wage in the Russian Federation at the time of debt collection.
Executive documents for the recovery of alimony can be presented during the entire period for which alimony was awarded, and for minor children - until the child reaches the age of 18 years. (Methodological recommendations of the Federal Bailiff Service of the Russian Federation) In the event that the alimony agreement or writ of execution is not presented by the recoverer immediately, but after a certain period of time, then the recovery of alimony is carried out by the bailiff in this case within the 3-year period preceding the presentation of the executive sheet (or agreement).
If the deduction of alimony was not made through the fault of the person obliged to pay alimony, the debt is recoverable for the entire period of delay. For example, a person evaded paying alimony, concealed income, it was not possible to establish the location of the payer.
Determining the amount of debt is within the competence of the bailiff. The determination of the size is carried out according to the rules of Art. 113 of the RF IC and is formalized by a resolution. The amount of debt is calculated based on the amount of alimony established by a court decision or alimony agreement. For minor children - the alimony payer, who has a debt to pay alimony to minor children, must submit to the bailiff documents confirming information about the salary and other income of the alimony payer during this period, and based on these data, the latter calculates the amount of alimony subject to payment during the period of indebtedness. In the absence of earnings or other income, as well as documents confirming his earnings and (or) other income, alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection.
It is quite possible that such a procedure for collecting alimony will significantly violate the interests of either the payer or the recipient of the alimony. In this case, the party whose interests have been violated has the right to apply to the court with a claim to determine the amount of debt in a fixed amount of money, based on the material and marital status of the parties and other noteworthy circumstances.
If the payer or recipient of alimony does not agree with the amount of debt on alimony calculated by the bailiff, they may appeal against the actions of the bailiff in the manner prescribed by the civil procedural legislation.
In particular, this can be done both administratively and judicially. Thus, the administrative procedure for appealing is established by Ch. 18 of the Law on Enforcement Proceedings. According to Art. 122 of the said Law, a complaint against the decision of an official of the bailiff service, his actions (inaction) is filed within ten days from the date of the decision by the bailiff or other official, the commission of an action, the establishment of the fact of his inaction or refusal to challenge. A person who is not notified of the time and place of the actions, the complaint is filed within ten days from the date when this person knew or should have known about the issuance of the decision, the commission of actions (inaction).
In cases where the payer evades paying alimony, he may be put on the wanted list. Alimony in such cases is not paid, but the child is paid an increased allowance. In this case, the bailiff collects 50% of the amount of the monthly allowance from the debtor to the budget of the corresponding subject of the Federation, having previously charged 10% on it, which can be considered as a fine.
According to Art. 16 of the Federal Law of May 19, 1995 "On State Benefits for Citizens with Children" the amount, procedure for assigning, indexing and paying monthly child benefits are established by laws and other regulatory legal acts of the constituent entity of the Russian Federation.
A court order is issued if a claim is made for the recovery of alimony for minor children that is not related to establishing paternity, contesting paternity (maternity) or the need to involve other interested parties.
The law allows exemption from the payment of alimony arrears or a reduction in the amount of the debt by mutual agreement of the parties, but with the exception of the payment of alimony for minor children. Exemption from the payment of debt or reduction of the amount is carried out in court (including for minor children) at the claim of the person obliged to pay alimony, but only if the court establishes that the non-payment of alimony took place due to the illness of this person or for other reasons. good reasons And his financial and marital status does not allow him to repay the debt. (Article 114 of the SCRF, paragraph 2.) If the minor recipient has reached the age of majority, then there is no automatic exemption from paying the debt.
