They do not pay alimony where to go. There must be good reasons for this. Namely. If he doesn't pay child support, what do you do? How to make their civil husband pay

What do you do when your ex doesn't pay child support? We need to act! In our article, we will tell you in detail where to apply and what documents to provide in order to protect the legitimate interests of the child.

Children are happiness! And it is impossible to argue with this, only for some reason not everyone is ready to perceive the child as the most important and dear person in the world, for whom you can give everything without asking or demanding anything in return. Of course, we are talking about those irresponsible fathers who received legal status « former”, does not pay alimony, completely forgetting that he has a child who, despite the disagreements of the parents, should receive from both equally love, attention, and material support!

What to do?

The state, by the norms of the Constitution of the Russian Federation, guarantees the child the right to care from the moment of his birth, ensuring this rule at the expense of parental rights. Divorce, as a legal action, does not reduce the scope of parental rights, in other words, a parent living separately is not only entitled to participate in raising a child, but is obliged to do so, and the other should not interfere with this.

In accordance with the provisions of the Family Code of the Russian Federation, the guardianship and guardianship authorities have the right to apply to the court with a claim for the recovery of alimony for children on their own, even if none of the parents wants to participate in this.

by the most best solution problems in divorce is the conclusion of an agreement on the payment of alimony, which is drawn up at the notary, where the amount and procedure for payment are specified in writing Money father to the child. However, such an agreement is concluded on the condition that both parents want to participate in the life and upbringing of the child, if not, the child's father does not pay alimony, excluding any compromises, there is only one way out - the collection of alimony through the court. Tip: It is very important to solve the problem already on initial stage- The more you delay filing a claim for the recovery of alimony in court, the more seriously you complicate the situation. If the opponent has not paid child support for a year, this dulls his sense of responsibility for the child completely. Already at the first signs of unwillingness to participate in the upbringing of the child, you need to show awareness and persistently defend the legitimate interests.

Where to apply?

If the parents cannot agree on the payment and amount of alimony, then the collection of alimony occurs through the courts. The parent with whom the child lives with is entitled to receive child support. currently. Alimony can be recovered from the spouse, both after the dissolution of the marriage, and in marriage, as well as in a situation where the marriage was not registered, but both parents are indicated on the birth certificate.

A statement of claim may be filed with the court regardless of the period that has elapsed since the right to receive alimony arose. However, it should be remembered that the maximum period for receiving alimony for the past period is 3 years.

So, the first instance for a parent who intends to collect alimony is the court. The claim for the recovery of alimony is drawn up in triplicate, it must indicate:

Name of the recipient of the alimony and his place of residence;
name of the child;
Full name of the defendant (father of the child) and his place of residence;
grounds for compulsory collection of alimony.

In addition, the following documents must be attached to the application:

a copy of the marriage / divorce certificate (if any);
a copy of the child's birth certificate (all certificates, if there are 2 or more children);
certificate of the housing authority on the residence of children with the applicant;
certificate from the place of work of the defendant on the size wages.

As a rule, alimony cases are considered by a justice of the peace, with the exception of materials where, in addition to a claim for alimony, the defendant's claims are attached to contest paternity (maternity) or an application for deprivation of parental rights, in these cases, the trial will take place in the district court.

Form of recovery of alimony and their amount

According to Russian legislation Recovery of alimony through the court occurs in two forms:

By general rules the court applies the share form - a percentage of the parent's income, which must be made in payment of alimony. In percentage terms, the court recovers from the parent for one child - 1/4, for 2 children - 1/3, for 3 or more - 1/2 of the defendant's income.
when it is impossible to provide a shared form of recovery, a form in a fixed amount of money is used, which directly depends on the income of the defendant. The amount of the monthly payment in a fixed amount of money is established only by the court after establishing all the circumstances of the case and based on the maximum opportunity to maintain the child's previous standard of living.

Ex-husband does not pay alimony, even with a court order

Unfortunately, even a court decision on the recovery of alimony in favor of the plaintiff today is not a guarantee that the funds will be transferred on time to support the child. Often the defendant continues to evade legal requirements - the ex-husband may change jobs, move to another city, or simply "become unemployed", not particularly caring about the feelings and needs of the children. At this stage, you need to show firmness of character, be patient and move on!

Remember that collecting child support is not just your right, but your obligation, because this action protects the rights of your child!

By law, the enforcement of judicial acts is carried out by the bailiff service. The procedure for the enforcement of a court decision must be initiated by the alimony recipient by contacting the bailiffs with the relevant executive documents, which include a writ of execution - issued to the alimony recipient upon application to the court where the decision was made. The writ of execution is presented to the SSP at the location of the defendant, where enforcement proceedings are initiated and appropriate measures are taken to establish the place of residence of the alimony payer, his work and all sources of income.

Important! Alimony can be withheld not only from wages, but also from other incomes of the person in respect of whom enforcement proceedings have been initiated. Also, an arrest can be imposed on the property of the debtor, which can only be established by bailiffs, basing their actions on the norms of Russian legislation.

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Before you figure out what to do if your ex is not paying child support, you need to consider that Family code The Russian Federation obliges parents to provide financial support to their minors and adult disabled children. Alimony is provided as a share of earnings or in a fixed amount of money by a court decision.

Or court decisions () are binding on the debtor. In case of refusal to pay, the amounts may be collected by the bailiff by force.

The court decision on the recovery of alimony does not mean that they will immediately be paid according to the specified details. Debtors do not always fulfill material obligations to their children. The absence of a job or other permanent (temporary) income for the payer is not considered a basis for exemption from the payment of alimony.

If the father of the child is not officially employed anywhere and the alimony is awarded as a share of the salary or other income of the payer, then the bailiff or the collector himself has the right to calculate the monthly debt based on the average wage in Russia or in a particular region (if such a statistical indicator exists ). The official statistical indicator of the average salary in the country is about 30 thousand rubles, which in practice does not always correspond to the real incomes of the population.

Alimony can also be collected for a disabled ex-spouse for the period of her pregnancy and until the child turns 3 years old. Claims for payment can be made in the event of a divorce through the courts. When assigning the amount of material maintenance to the child and the former spouse, the financial situation of the parties and other significant circumstances are taken into account: the income of the spouses, the presence of valuable property, etc.

Procedure

If the former spouse does not pay alimony, then you should:

try to negotiate outside judicial order- non-payment of alimony may be due to the personal hostility of the spouses, a biased attitude towards their duties, insults;
apply to the bailiff-performer with a statement on the initiation of enforcement proceedings (if it was not previously initiated or was terminated). To do this, it will be necessary to submit for execution, even if the proceedings were completed due to a lack or absence of valuable property and money from the debtor on bank cards (accounts);
assist in enforcement proceedings. The collection of alimony is handled by a separate bailiff, who is often overloaded with cases. You should constantly remind yourself, be interested in the progress of enforcement proceedings, control the calculation of debt. There may be situations when the bailiffs transfer the enforcement case under jurisdiction to another region and forget to warn the claimant about this, do not respond to written, electronic requests and statements.

The ex-spouse also has the right to write a statement on bringing the debtor to administrative and criminal liability for non-payment of alimony.

The bailiff, having information about the place of residence or location of the debtor, can detain him and deliver him to the district department of the FSP, draw up a protocol and familiarize the citizen with the document against signature. The decision on punishment is made by the court, where the bailiff submits documents evidencing the offense.

Systematic non-payment of alimony is fraught with criminal liability for the debtor. It can occur if a citizen who has been subjected to administrative punishment for a year continues not to pay alimony.

For evading the obligation to pay alimony, the ex-spouse is threatened with:

correctional or forced labor for up to one year;
arrest up to three months;
prison term up to 1 year.

An application for bringing to criminal responsibility can be submitted to the bailiff by the exactor himself or the procedure is possible at the initiative of an official. Non-payment of alimony must be caused by disrespectful reasons.

If there are valid reasons - non-payment of wages to the debtor, a serious illness (a specific situation is taken into account), a citizen can be exempted from criminal liability.

Bringing the debtor to administrative or criminal liability does not exempt from the obligation to pay alimony, including the accumulated one. Its size is 0.1% of the debt for each day of delay. The penalty is calculated monthly and can be reduced by the court, taking into account the financial situation of the debtor.

In the course of enforcement proceedings, the recoverer, in case of non-payment of alimony by the ex-husband, has the right to initiate restriction of his special right - to drive a car or other vehicle. This is possible if there is and (or) a penalty of at least 10 thousand rubles.

The debtor may also be restricted from traveling abroad. A bailiff may visit the address of the payer, followed by an inventory and seizure of property, which can be levied in payment of the debt.

Systematic non-payment of alimony to a child, inattention to him serve as the basis for. To do this, you must first contact the guardianship authorities at the place of residence of the minor. The position of the guardianship authority and the prosecutor, whose participation in such cases is mandatory, will become the basis for depriving the former spouse of the right to personally raise the child, which does not exempt him from the obligation to pay alimony. The claim must be submitted to district court location of the defendant.

It will be necessary to dwell in detail on the grounds on which it is possible to prohibit the ex-husband from seeing the child, participating in his personal education. During judicial trial research into the circumstances of the child's life, living conditions both parents.

The evidence base is:

certificates from state and municipal social institutions that the father is not involved in raising the child. In practice, certificates are studied in conjunction with other evidence, since the absence of a former spouse in kindergarten, clinic or parent meeting at school can be called objective reasons– employment at work, etc.;
conclusion of the guardianship authority;
testimony of witnesses.

The court, taking into account all the circumstances of the case, may restrict the parent's rights with a subsequent warning. If the situation does not improve within six months and the debtor does not begin to pay alimony, take an interest in the life of the child, then upon repeated appeal, the court deprives the father of parental rights. If the bailiffs are inactive, then a complaint against him can be filed according to jurisdiction - the chief bailiff of the region or at the federal level.

Obvious offenses on the part of officials, for example, the deliberate removal of certain documents from the enforcement file, should be appealed in the administrative court procedure. The possibility of applying to law enforcement agencies, including the prosecutor's office, is not ruled out. Looking for a way out of the controversial and conflict situation It is advisable to deal with the help of a competent lawyer.

Last changes

In 2019, significant changes in the legislation on this issue not provided. Our experts monitor all changes in legislation in order to provide you with reliable information.

Protecting children and providing for the family, increasing the birth rate in the country is the highest priority of the state. For large families various benefits and privileges are provided. But the parental consciousness of citizens remains at the same level, and more and more mothers are forced to seek from their fathers through the courts financial assistance to kid. If the ex-husband does not pay alimony, what to do in this case?

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Possible grounds

Before taking active action against an irresponsible ex-spouse, it is worth finding out the motives for non-payment. You can find a civilized way out if the cause is:

failure to understand that the child needs the support of the father even after he leaves the family;
deterioration in the financial situation of the parent due to illness, salary reduction, job change or reduction;
appearance of other dependents in need of material support.

Certified by a notary, the agreement plays the role of a self-sufficient executive document. If either party decides to violate its terms, the bailiffs will take him into work without the intervention of the court.

Providing property instead of cash

without a formalized agreement, the child's right to demand child support does not disappear. After the age of 18, he will be able to “bill” the parent himself;
it is impossible, for example, by agreement to replace the payment of money with real estate and register it to the mother. A child after the age of majority can challenge the right of ownership.

It is quite acceptable to support the child with food, housing, etc. instead of money. But such a “refusal” must be notarized, it is advisable to involve an experienced lawyer in drawing up the document.

Who pays for child support

Claiming alimony without an agreement takes place in 2 stages:

filing a claim with the court;
initiation of enforcement proceedings by employees of the FSSP.

If there is an agreement the terms of which the father is violating, court intervention is not required. The document plays the role of an executive, sufficient for enforcement.

Court

The mother has the right to apply for the protection of the interests of the child to the world or district court at the place of her residence ( Art. 23–24, 29 Code of Civil Procedure of the Russian Federation). The arbitrator accepts the proceedings if:

alimony is collected for a minor, including under a notarial agreement, as a percentage of income;
the former spouse has no financial obligations to other persons;
there are no disputes about determining the place of residence of the baby, establishing paternity, divorce, etc.

The arbitrator of the peace examines the case within 5 days alone, without the presence of the parties. Adopted by him serves as the basis for initiating enforcement proceedings against the deviator.

If, together with the question of financial assistance the child decides others, for example, the division of property after a divorce, or the mother wants to receive alimony in solid monetary terms, the case is examined by the district court. There the plaintiff sends an application and a package of documents.

Documentation ( in copies and originals):

passports of the mother and child, if he is 14 years old;
birth certificate of a minor;
marriage and divorce documents;
certificate from the guardianship authorities on the absence material support from the father, if they are involved in a dispute;
documents confirming that the debtor has a job or other source of income, if any.

The result of the consideration of the case is a decision, on the basis of which a writ of execution is issued. The decision of the court is subject to immediate execution, despite the fact that the former spouse has the right to appeal against it within 10 days.

Bailiffs

The FSSP accepts the mother's application and starts enforcement proceedings within 3 days. A notice is sent to the ex-husband demanding to cover the debt. He is obliged to come to the Service unit, tell about the sources of income, determine the schedule of current payments.

If the father ignored the letter from the bailiff, he puts him on the wanted list. For this, requests are sent to the Federal Tax Service, the Main Department of Internal Affairs of the Ministry of Internal Affairs ( Passport Office), Rosreestr, FIU, employment service, be sure to Sberbank.

Having found a place of work or a bank where the debtor is served, the bailiff sends there an order for the forced collection of current payments, debts on them, fines and a performance fee. If the source of income is unknown or there are too few funds, a search is carried out for the accounts and property of the father for arrest and sale.

Alimony claims have the highest priority. But in practice, there are so many applications that not everyone can be implemented within the 2-month period established by law. The majority is returned to the plaintiffs with a note about the end of the proceedings under Art. 46 h. 1 p. 3 ( unable to find a debtor). If the mother is faced with a clear inaction of the bailiffs, the first thing to do is to write a claim in the order of subordination.

Making a claim

Before writing a claim, it would be useful to clarify what the bailiff did. In person or through the FSSP website ( public services portal) a request is sent to the subdivision of the Service for familiarization with the materials and the progress of enforcement proceedings. After that, it is necessary to write a claim within 10 days.

Now it is possible to file a claim online through Personal Area citizen on the FSSP website. The complaint is considered according to the same rules as filed personally on paper, within 10 days. But in this case, the leadership of the territorial branch of the Service will no longer be able to dismiss or “lose” it.

If the authorized executive did not respond to the complaint or refused to take action against the bailiff, a similar document is sent to the prosecutor's office and the court.

What to do if the husband still does not pay child support

If, despite judicial intervention and the efforts of the bailiffs, the spouse does not pay alimony, what should the mother do in this case? The deviationist can be intimidated by fines, administrative and criminal liability, deprivation of the rights of the father.

Most often, sanctions from Art. 115 RF IC. They are expressed in a penalty in the amount of 0.5% of the amount of the debt for each day of delay. Compensation is calculated by the court on the mother's claim, it is added to the debt and current payments.

The penalty is also collected by bailiffs or directly through the employer's accounting department. Together with the application to the FSSP, it is recommended to apply for additional measures"stimulation":

restriction on the right to drive a car;
travel ban;
inventory and arrest of accounts and property.

Criminal and administrative liability applies to those parents who, even after the initiation of enforcement proceedings, continue to evade their obligations.

Possible sanctions

The consequences of an administrative nature occur if enforcement proceedings are being conducted against the parent for more than 2 months, but the debtor is in no hurry to pay. The decision is issued by an employee of the FSSP on his own initiative or at the request of the claimant, submits it to the court. Also, the mother has the right to file a claim herself. The arbitrator holds the violator liable under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation:

a fine of 20,000 rubles; or
detention for 10–15 days; or
community service up to 150 hours.

Today there will be a scandalous article. Why scandalous - because husbands who do not want to pay alimony are very offended by what I write on the site and tell on my YouTube channel. They begin to tell me how difficult everything is, how I climb into other people's families. No, guys, it's not me, it's the law that protects your children, and the worse you treat them, the more serious the protection. So the claims against me are unfounded, I do not create laws, I teach them how to apply them correctly.

Today we will talk about alimony, more precisely, about what to do with husbands who do not pay them, and how to still get maintenance for the child so that he does not remain hungry. Everything is simple, but at the same time complicated. Let's figure it out.

How we collect alimony, I think you already know. I wrote about this more than once. But, in a nutshell, I will repeat these common truths.

If the husband, or not the husband but the father of the child, does not participate in the life and upbringing of a child common with you, you can recover child support from him for the maintenance of this very child in three different ways:

conclude an agreement on the payment of alimony;
obtain a court order to collect alimony as a percentage of the parent's income;
collect alimony in a fixed amount of money.

Having received a decision, you must contact the bailiff service of executors, and the bailiff will already search for the debtor, establish his place of work, calculate the amount of alimony and seek their payment. I described the average version, there are many nuances here. Read this section if you haven't already.

But this whole system rested on one simple circumstance: if the debtor (alimony payer) did not own property and did not have official confirmed income, it was impossible to receive money from him, enforcement proceedings stalled, the debt accumulated, but most importantly, the child did not receive Not a penny from your parent. It was a dead end. But today everything has changed. Let me tell you what you need to do now so that the child receives the proper content.

What to do if the husband does not pay child support

First, the bottom line: if the father of your child does not pay alimony, you need to go to court, recognize him as missing, and the child will be assigned a survivor's pension. A? How do you like this scheme? It was developed by the state in the care of children. Everything is official. I'm telling you, the state takes care of the children, and it's true.

It's a fun time for the defaulting parent, too. But more on that later.

Innovation in the Law. And it's about federal law No. 48-FZ, which entered into force on March 7, 2018, and which introduced the following novelty into the main law of bailiffs (AP “On Enforcement Proceedings”):

if the bailiff cannot find the alimony debtor within a year, then he has the right to inform the recoverer about this, that is, the mother of the child, and suggest that she go to court to recognize such a debtor as missing.

That is, contrary to many articles on the Internet, the bailiff himself does not have such powers - to recognize people as missing. This has always been done and continues to be done by the court.

And what to do, you ask, if the debtor has not disappeared anywhere, but lives in the same place where he lived, earns money as before, but the bailiff, as it were, cannot find him? And what difference does it make, I answer, whether your debtor is alive or not. For the bailiff and for you, one thing is also important: the debtor does not pay alimony, does not appear to the bailiff, and does not show himself in any way. It would be enough. So, at least, it is supposed, and further you will learn why.

What is the procedure for declaring missing? This is not news, there has always been such a norm in civil law, well, or almost always. Moreover, the legislation contains two options: this is an unknown absence and recognition as dead. In the first case, you need to wait one year from the moment the information stopped coming from the person and his whereabouts became unknown.

Just one year. You apply to the court, and, in a classic situation, filing an application with the court should be preceded by an appeal to the police, the establishment of a search case and other activities that a police search should carry out. In the case of alimony, everything is simpler. You do not need to contact the police, it will be enough for you that the bailiff considers your position suitable for going to court, and in the trial, confirms that all his measures aimed at finding the debtor were unsuccessful.

Knowing how bailiffs work, I can say that an incredible number of such appeals to the courts regarding the unknown absence of alimony payers is expected. It's all in the best interests of the child, remember?

As for recognizing a citizen as dead, here you need to go through all the same procedures as in the first case, but only you will have to wait not a year, but 5 five years from the moment when the citizen lost sight of. Yes, well, the consequences for the deceased will be completely different, and I won’t analyze them here, this is a rare enough topic to be useful to you.

What consequences will the decision to recognize your debtor as missing for you bring? I can highlight two, no, three important points.

Moment one: the child will receive a survivor's pension, its size is small, although why, its size will correspond to the average amount of alimony that parents usually pay from the white minimum wage. And this is already a plus, given our current situation. Moreover, the child will receive such a pension until he reaches the age of 18, and if he enters a university, then up to 23 years, since such a pension is received by disabled family members of the missing person.
Second moment: the mother of the child is entitled to receive the same pension while she is on parental leave, or if she is not able to work for any reason, and this is officially established (illness, disability, caring for other dependents).
Moment three: your child will be able to adopt (adopt) your new husband, moreover, without the permission of the biological parent. And this important point, in fact, I came across situations in which the mother’s goal was precisely the adoption of a child by a new husband, and not all kinds of alimony or deprivation of paternity of a biological parent for any mortal sins. Now it will be much easier to do this. I think so, if the father is so indifferent to the child that he is ready not to pay alimony and hide from the bailiff, then the child does not need such a father in FIG.

Consequences for a debtor declared missing

I remind you that a missing citizen is not a dead citizen, it is completely different statuses, take this into account. Hence, the consequences for the missing person will be a little less mild.

Consequence one: if the debtor owned property (real or movable), then it can be transferred to trust management, and the money received from such management will be transferred to pay alimony. Example: an apartment that can be rented out. But, the owner of this property will still be the missing person. You will not be able to take his property as an inheritance, such a scheme only works with the dead.
Consequence two: if the debtor is registered somewhere at the place of residence, then after declaring him missing, he should be removed from the register, but you are no longer interested.
Consequence three: if, God forbid, you did not have time to dissolve the marriage with such a debtor, then after recognizing him, well, thus, you will be able to dissolve the marriage by contacting the registry office, and it does not matter that you have children. There is no need to go to court for this.
Fourth consequence: your child can be adopted by a new husband without the consent and permission of the biological parent, well, I already talked about this.
Fifth consequence: formally, with a missing person, if he is employed, his employer can terminate employment contract. But the question is how he will know about it and whether he wants to. The fact is that the ex-spouse, that is, you, will not be able to initiate such a question. So I will leave this moment on the conscience of the debtor and his employer.
Consequence six: from the moment a citizen is recognized as missing, all powers of attorney that he issued to third parties are canceled. And this gives you grounds for fantasy: you can challenge all transactions made from a debtor by proxy, for example.

What to do if the debtor changed his mind and decided to pay alimony

In this case, the debtor will have to go to court and restore his rights as a citizen, and, speaking in Russian, cancel the decision to recognize him as missing. But then again, these are judicial moments that have been working for many, many years.

I'll tell you one story. I must have mentioned somewhere on the site that at the beginning of my career I had a chance to work as a senior investigator of one city prosecutor's office, these were those distant times when plans to create investigative committee only just loomed on a napkin. And I had such a case. I go to the corpse, draw it up to the morgue, forensic examination shows a natural and non-violent death, there are relatives who recognize someone's son in the corpse. We wrote it down in the rejected material, the relatives received a certificate of death of a person, they received a corpse for burial, everything is as it should be. A month or two later, I don’t remember exactly, the same corpse comes to me. No, somehow I wrote it wrong. A living man came, and came to work time to my office. And he told funny story. It turned out that the relatives made a mistake in identifying that corpse, and buried the unknown person under the name of a living person. And he was leaving to work or something, and forgot to inform his relatives about this. In general, a living person left, physically alive, but legally, dead. He had to go to court and restore himself as a living and full citizen. So, I repeat, these cases are very rare, but not that very.

Here are the news. Yes, since this norm came into force only in March 2018, do not rush to run to the bailiff, as I understand it, the year will be calculated from that moment, since such laws do not have retroactive effect. So, you will be able to receive the nearest proposals from the bailiff to go to court no earlier than March 2019. But, all the same, this is a serious shift in the fight against non-payers of alimony. So, study, put into practice, consult your bailiffs, well, you can ask me questions. All the best!

The number of divorces does not inspire optimism, as well as the psychological maturity of men, their willingness to pay child support after a divorce. What actions should be taken by the parent, who is dependent on the baby, to cover the costs associated with his upbringing and the purchase of the necessary things, where to go? When it is not possible to constructively talk with the indebted party, one has to go to court, go through lengthy procedures for considering cases.

Find out the reasons for non-payment of alimony

After getting your hands on judgment on the recovery of alimony and its transfer to bailiffs, there are situations when the money is never received by the plaintiff. Months pass, and the balance on the bank account remains unchanged. What to do? A woman, before filing another lawsuit in court, needs to talk with the father of the child and determine the reasons for non-payment. If they are weighty, then you can negotiate with the debtor, explain the need for money. Otherwise, the only way out of this situation will be another court hearing followed by mandatory collection of funds.

The most common reasons for the lack of alimony payments by the defendant are:

Does an unemployed person have to pay child support?

According to Art. 80 of the RF IC, a citizen is obliged to pay alimony without reference to his social status, that is, the unemployed are not released from their parental obligations. If he is registered with the employment service and receives benefits, a certain amount for alimony is deducted from him. Yes, it will be small, but in this way the defendant can avoid debt, penalties and fines for non-payment.

A defendant who does not work anywhere is assigned a fixed amount. The basis is the average level of wages in the country or region of residence of the defendant. If a debt is formed, the bailiff initiates the sale of the property of the negligent parent to pay it off.

In the case of seasonal employment without official registration of labor relations, either the defendant voluntarily pays money for the child, or the bailiff checks the receipt of funds in his accounts. He collects the testimonies of witnesses about the facts of the receipt of income by the debtor and assigns a fixed amount to be paid.

Is it possible to force a civil husband to pay alimony?

A mother has the right to demand payment of alimony for a joint son or daughter in 2 cases:

a civil husband voluntarily acknowledges his paternity;
paternity was established during the trial.

In the first case, you need to submit joint statement to the registry office, on the basis of which an entry will be made in the child's birth certificate in the column "father". In the second - a statement of claim with the designation of dates cohabitation and the birth of a child, on the basis of which the court will insist on a genetic examination.

After receiving a court decision confirming paternity, the plaintiff submits it to the registry office. Its employees make an entry in the child's birth certificate based on the document received.

Plaintiff is entitled to claim child support civil husband only from the date of entering information about paternity into the birth document (for more details, see the article:). Earlier attempts will be unfounded.

Responsibility under the Criminal Code of the Russian Federation for repeated evasion of the payment of alimony

Russia provides for criminal liability for non-payment of alimony by an ex-husband under the following conditions:

Types of punishments according to the Criminal Code of the Russian Federation will be:

Restriction of liberty for up to a year.
Corrective labor for 1 year in parallel with official work without the right to dismiss from it. Former spouse who does not work anywhere is deprived of the right to refuse work offered by the employment service.
Up to 180 hours of free landscaping work public places(cleaning the territory, planting and caring for trees, mopping).
Arrest for up to 3 months.

What should I do if I can't agree on the voluntary payment of alimony?

If the ex-husband, after all attempts to amicably resolve the issue of obtaining child support, does not meet halfway, you should contact statement of claim to court.

Depending on the background of the case, you can use either general scheme, or a simplified form of filing a claim. In the second option, the cost of paying the court fee and the time of the parties are significantly saved, since the justice of the peace does not call them to the meeting.

Next, you will need patience and close cooperation with bailiffs who will collect payments and monitor compliance with the deadlines for their completion. If they let things take their course, do not take any action to recover money from the defendant, and the plaintiff has evidence of this, he files a complaint with the higher management of the executive service.

Go to court

Parents who have not been able to peacefully agree on the terms and amounts of maintenance payments resolve these issues in court. More often, a woman draws up and submits a claim either to a justice of the peace or to the office of a civil court. At the same time, the amount of the fee differs by 2 times - it is more in the second case.

Claim and writ proceedings

The laws provide for two ways to resolve the issue of collecting alimony in court - action and writ (simplified form) proceedings. Both of them have their own goals, duration, nuances.

It is more profitable to act according to the simplified form if there is information about the place of work and the level of the debtor's salary, proof of paternity is not required, the amount of debt does not exceed 50 thousand rubles. At the same time, the meeting is not held by the justice of the peace, he makes a decision solely on the basis of the documents provided by the plaintiff. The duration of their consideration is 5 days. In the absence of objections and comments to the text of the document on the part of the defendant within 10 days from the date of its receipt, the order enters into force and is the basis for the actions of the bailiffs or the accounting department of the employer.

It is more expedient to file a lawsuit in court if the husband does not pay alimony and there is a debt in payments of more than 50 thousand rubles, or it is required to determine the method of their calculation.

All parties will be called to a hearing for questioning and gathering information by the court. To save your nerves, it is better for the plaintiff to hire an intelligent lawyer who will defend the rights of his client.

How are alimony calculated?

There are only three ways to calculate alimony: share, in a fixed amount and mixed. In the first case, according to the RF IC, a percentage of income is charged in favor of children - a quarter of the amount for the 1st, a third for 2 and half for 3 and more. This method is the most convenient and transparent for all parties involved in the process. True, if the defendant has a tendency to hide his income, he can get a low-paid job and pay meager amounts, and live on unofficial income.

When the defendant does not have an official job or it is seasonal, fixing a lump sum is practiced. The average salary level in the region or in the whole country is taken as a basis. The inconvenience of the method is that the funds in this case are paid irregularly.

A mixed option is often inherent in maintenance agreements in which parents prescribe the terms, amounts, period, duration and other parameters regarding payments for the child. In terms of their force, they are equated with writ of execution and court decisions.