How to get payment of alimony arrears from your ex-husband

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Good afternoon, Ksenia.
There is no point in going to the tax office with these documents, the tax authorities will not accept it. This is a criminal case - forgery of documents:

Forgery of a document such as a certificate in form 2-NDFL is subject to two articles of the Criminal Code of the Russian Federation: Art. No. 292 (official forgery); Art. No. 327 (forgery of forms and seals). Article No. 292 of the Criminal Code of the Russian Federation covers various types of accountants, directors and personnel department employees who deliberately enter various types of false data into the 2-NDFL certificate. This article also covers distortion of the contents of a document of this kind. Any persons or various types of organizations involved in falsifying the 2-NDFL certificate are subject to Art. No. 327 of the Criminal Code of the Russian Federation. It regulates the punishment for the production and subsequent sale of various types of documents, including certificates in form 2-NDFL. Also, for fraud with the certificate in question, they can be held criminally liable in accordance with Federal Law No. 162-F3 (dated December 8, 2003), if the falsification was carried out in order to hide the crime or mitigate any of its consequences

you can read in more detail.

At the same time, often the employer does not transfer taxes and insurance contributions, but the person officially works there. This also happens in our state.

But failure to pay child support, and even in such a minimal amount, does not look good on the child’s father.

1. The bailiff handling your case needs to recalculate the debt;

2. You need to collect a penalty for alimony debt;

3 Contact the prosecutor's office and the police with a statement to initiate a criminal case for falsifying personal income tax;

4. refer to the inquiry to the bailiffs about the initiation of a criminal case under Art. 157 of the Criminal Code of the Russian Federation, if the child’s father does not pay.

Just keep in mind from the moral side: with the father’s criminal record, the child may not be able to work in the civil service. The check will not pass. Therefore, a father can be deprived of parental rights, but this will not eliminate the right to pay child support.

Collection of alimony arrears is carried out by bailiffs based on the calculation of alimony arrears in the manner prescribed by Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings.” In accordance with Article 113 of the RF IC, the collection of alimony for the past period on the basis of a notarized agreement on the payment of alimony (writ of execution) is carried out within the 3-year period preceding the presentation of the specified documents for collection. In cases where the withholding of alimony on the basis of the specified agreement or writ of execution was not made through the fault of the person obligated to pay alimony, alimony is collected for the entire period.

The calculation of alimony arrears is carried out by the bailiff upon the claimant's application for the calculation of alimony arrears. According to Article 113 of the RF IC, the amount of debt is determined by the bailiff based on the amount of alimony determined by a court decision (court order) or an agreement on the payment of alimony.

The consequences of failure to pay alimony on time are enshrined in Article 115 of the RF IC, according to which, if the debt arose through the fault of a person obliged to pay alimony by court decision, he must pay the corresponding penalty - 0.5% of the amount of unpaid alimony for the day of delay. It is also possible to recover damages from the guilty party in the part not covered by the penalty.

The amount of penalties and losses is included in the calculation of alimony debt. The debt is calculated by the bailiff for the entire period until alimony was collected. In case of disagreement with the calculation, the claimant or debtor has the right to apply to the court with a statement of claim for alimony arrears to change the amount of alimony arrears.

You can also contact the bailiff with a request to bring the debtor to administrative liability in accordance with Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation, establish temporary restrictions on the debtor’s travel outside the Russian Federation (Article 67 of the Federal Law No. 229), and then, in the future evasion of the debtor from paying alimony, with a statement demanding that the debtor be brought to criminal liability (Article 157 of the Criminal Code of the Russian Federation).

If the bailiff fails to act, the claimant has the right to file a complaint with the court in the manner prescribed by the Code of Administrative Proceedings of the Russian Federation.

Ksenia, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!

Collection of evidence

Before we talk about collecting evidence that can confirm that the ex-spouse is hiding real income, we need to point out that this is a very difficult process. The vast majority of legal proceedings of this type are of a waiver nature. But if the mother decides to achieve her goal, believes that the payment of alimony is carried out unfairly and there is concealment of income, then it is recommended to use the following methods of collecting evidence:

• if, when contacting the bailiff, it was possible to obtain any information about the financial situation of the payer, then it is necessary to ask the FSSP employee to issue certified copies of the documents received during the proceedings;
• if the defaulter works unofficially, then first you need to contact the management of the organization in which he is employed and try to describe the situation to the manager. If nothing comes of this, then you should file a complaint with the labor inspectorate. Its representatives will record the fact of employment without official registration, and the results of the audit will serve as evidence of concealment of income;
• A fairly common situation is when one salary is issued according to the statement, but its actual amount is much larger. The deduction for alimony comes from the official part of the salary. If there are good reasons to believe that the alimony payer receives a salary “in an envelope,” then you need to contact the tax office. The Federal Tax Service will conduct an audit, and if the fact of receiving a gray salary is confirmed, this will also become evidence in court;
• if the ex-husband purchases an expensive item, for example, a car or an apartment, but registers it in the name of relatives, then you can try to prove to the court that the latter’s income would not be enough for such a purchase, and that the hidden income of the alimony payer was used for this;
• The ex-husband may have loans, the monthly payments for which significantly exceed the amount of alimony, however, the alimony payer regularly fulfills his obligations, despite the fact that his official income is clearly not enough for this. To confirm this, you need to provide the court with evidence of the existence of such loans, the amount of payments and the absence of late payments. Similar information can be obtained from a bank, but as a rule, a financial organization gives such answers only to bailiffs, and not to individuals;
• the alimony payer is the founder of a legal entity or manages one of them. However, according to the documentation, the company's income is very low. In such a situation, you can try to prove that a sharp decrease in the organization’s profit occurred at the time the alimony worker began paying child support;
• if the alimony recipient receives a salary the size of which is not comparable with the position he occupies, then it is possible to provide the court with information about the average salary of similar specialists in the region where he is employed. Such data can be obtained from the regional chamber of commerce and industry;
• Another proof is that the payer owns commercial property, such as trucks or warehouses. Obviously, such property is used to make a profit, but the alimony payer simply conceals it.

From the above, it becomes clear that there are a huge number of ways to obtain evidence that will become a powerful argument for the court. But you need to understand that the defendant can provide counterarguments, for example, the property has 3 trucks, but they are in disrepair and cannot be a way to generate income, etc.

To obtain the evidence described above, you will need to send requests to various organizations that have the necessary information.

But it is worth understanding that most of them simply cannot give an answer to an individual, since this is a disclosure of personal data, which is prohibited by law. Partially, a lawyer will help solve the existing problem. His status allows us to get a little more information. If you need to obtain data that even a lawyer cannot request, then you need to ask the court to make a corresponding request. Any organization will provide the court with the necessary data, but the problem is that the court does not have the right to disclose it. Thus, the plaintiff and his lawyer will not be able to analyze the information received.

How to prove that alimony is not enough

Very often, mothers are faced with underestimated monthly amounts of child support received. This happens when the simplest recovery option is assigned - interest, in relation to all official income of the alimony. Based on Article 81 of the Labor Code of the Russian Federation, alimony is withheld from a worker’s salary in the following amounts:

• 25% - to provide for 1 child;
• 33% - to provide for two children;
• 50% - for three children or more.

Concealment of real income by alimony defaulter occurs in the following cases:

• The monthly child support payment is too low.
• The mother is aware that the payer’s income is noticeably higher than what is presented in the documents.
• The payer has a current higher education, and before the assignment of security, the ex-husband received a consistently high salary at the same enterprise.
• The payer works full time at the enterprise, and documents on his income show a low official salary (minimum).
• The person who pays alimony periodically acquires expensive movable and immovable property, makes repairs, etc.

If the mother wants to address her arguments to a bailiff or immediately to a magistrate, then she must have with her official papers confirming the income of the children’s father:

• information from the Pension Fund of the Russian Federation on deductions from the official salary (compulsory pension insurance contributions);
• certificate in form 2-NDFL about income for the last year of work at the enterprise.

Where can you go to restore justice and prove the real income of a willful defaulter:

• Federal Tax Service - this service is most interested in receiving government revenue.
• The state statistics body at the place of residence is an organization that determines the average wage of certain types of activities or industries in the region where the defaulter lives.

How to prove concealment of income for alimony payments?

What should a woman do if she finds out that the court-ordered alimony is being withheld from her ex-husband in a smaller amount than it should be? This happens if the husband deliberately hides his earnings and partially receives his salary “in an envelope” by agreement with the management of the enterprise.

Facts confirming fraud:

1. a sharp decrease in the salary rate after the court has appointed the amount of alimony;
2. purchase of expensive material assets by the husband after divorce;
3. opening a bank account;
4. official dismissal from work, but no registration with the Employment Service and other grounds.

In these cases, the woman must go to court, and the concealment of her salary by her husband will be investigated in detail.

Regardless of the salary rate, on the basis of the law, the court cannot award alimony of less than 25% for 1 child, 33% for two children and 50% for three children or more. Article 83 of the Family Code indicates that the lack of official earnings does not exempt a person from paying alimony.

Prices for various categories of alimony cases

Further actions

After the mother has abandoned the newborn, the guardianship authorities begin the procedure for depriving the refuser of her maternal rights, and this can only be carried out in court. As a rule, a court decision is made immediately after the hearing by representatives of the territorial guardianship authority and prosecutors. The judicial act indicates the decision of the judge, and its consequences may be:

• loss of the mother's right to provide for her children;
• the inability to demand money from an abandoned daughter or son in the future;
• inability to act as heir to children’s property in the event of their death;
• a ban on visits and communication with children left in the maternity hospital.

How should I pay child support if I work unofficially and receive income?

There are two options that allow you to resolve the issue of finances allocated for children - a peace agreement with your ex-wife and court proceedings:

USEFUL INFORMATION: The essence of the marriage contract
If the amount of payments for the maintenance of the heir is determined by the court, then it is guided by the following criteria:

• the amount of profit of the mother;
• the number of minor children the child support provider has;
• region of residence;
• health status of all parties to the process;
• the date of dismissal of the alimony worker from his legal place of work, if he was previously officially employed.

If you go to court

To begin to prove your case, you can contact a magistrate. According to the law, the absence of official income or other possible sources from which he receives profit does not relieve the ex-husband from responsibility for the financial support of his children who have not reached the age of majority. The court will necessarily decide to collect alimony in the established amount, based on Article 83 of the Family Code.

Circumstances of collection in a fixed amount

If the spouse has a permanent official place of employment and good earnings, then it will be easier to collect financial support for the children from him. But, unfortunately, many employers hide from taxes and do not want to employ an employee in order to pay him a white salary, so that alimony is paid based on real income. Therefore, payment as a percentage is unrealistic to provide the child with the basic necessities.

To prove the amount of the spouse’s income and assign alimony, the magistrate will petition to send court requests to the Pension Fund, the tax service and other organizations to confirm official and, if any, additional income.

In addition, you can use a video device to record the fact that the alimony has purchased an expensive car or a large apartment, and then provide all this confirmation to the court. It is also possible to confirm that the ex-husband provided false information about his income, for example, through testimony.

Important: for concealing or providing false information about property status or salary received, as well as concealing information about dismissal or place of employment, the alimony provider will be fined up to 100 minimum wages, and in case of malicious or repeated inaccurate provision of data when assigning financial support to a child, the legislation provides for criminal liability .

In this case, it is easier to prove the concealment of income for alimony payments, because bailiffs control it. They are responsible for taking measures to ensure compliance with the judge's decision.

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Features of collection

Where and how to get money to support his child who has not reached the age of majority, the defendant must decide for himself. Payment of funds will be made either from a disability pension (other social assistance) or from official earnings.

Important: if the ex-husband is disabled, then the court will still be on the mother’s side and the money will still be recovered.

If a spouse has been deprived of parental rights, this is not a reason to refuse to pay child support. Such obligations are spelled out in Article 80 of the RF IC “On the maintenance of children.” Just as in the general procedure, the judge has the right to recover money from him even for the last three years, but only if he has not paid it.

How to force your ex-husband to pay money for financial support to your child if he refuses to do it himself? You need to submit documents and a completed application to the bailiffs or directly to the magistrate. The contents of this document are selected in accordance with the selected production order. There are two types of this order:

1. Litigation - carried out by calling the parties to court. This procedure should last no more than a month. As a result of the court decision, a writ of execution is issued, on the basis of which alimony is collected.
2. Mandatory or simplified - made unilaterally, i.e. the plaintiff and defendant are not summoned to court. The court order is issued within 24 hours.

The simplified procedure is carried out under two possible conditions:

• The court is aware of the place of work and earnings of the father of the children, and this information does not require additional checks.
• There are no unresolved or controversial issues between the father and mother of the child.

Punishments

By law, both parents have obligations to their offspring, even in the event of a divorce.
Each of them must support their child and have the right to participate in his upbringing. Malicious evasion of obligations may lead to liability under Art. No. 157 of the Criminal Code. You can leave her only by paying the alimony debt. Malicious evasion of child support payments includes:

• lack of payment for 4 – 6 months;
• open reluctance to pay child support;
• the payer has hidden income;
• in order to avoid payment, the payer constantly changes his place of work;
• The parent is not looking for work in an attempt to avoid paying child support.

When there are several signs of malicious evasion from paying alimony, liability under Art. 157 cannot be bypassed. In this case, the court must have documentary evidence of the grounds. Persons who maliciously evade paying child support should understand what awaits them:

• correctional labor for up to one year;
• arrest for three months;
• imprisonment up to one year.

After being brought to criminal liability, the payer will not be able to hold leadership or elected positions. Therefore, before evading payment of alimony, it is recommended to think about the consequences.

A less severe measure of liability for non-payment of alimony is:

• deprivation of driver's license;
• ban on traveling abroad;
• seizure of property;
• collection of a penalty in the amount of 0.5% for each day of delay.

Also, a child support defaulter must understand that in old age he is unlikely to be able to count on the help of his child.

Before thinking about how to evade alimony, it is recommended to study the penalties for such actions. The law provides for a sufficient number of ways to influence alimony defaulter. You can avoid obligations, but only for good reasons.

How to find out your ex-husband's salary?

There are frequent cases when one of the parents (most often this is an ex-husband who has withdrawn from living together with the child and raising him) hides his actual earnings.
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The purpose of this lie is to avoid paying child support at all costs. The question of how and where to find out what kind of salary an ex-husband gets is asked by many women.

You can only obtain information about another person’s salary through the court: a court employee, a bailiff, sends a court request (an official letter) to the pension fund to find out the amount of deductions that are withheld from this person’s salary.

In this case, the pension fund will indicate only the amount of deductions as a percentage, which assume deductions for the monthly salary + bonuses + 13th salary and other income. Those. It will still be possible to find out the exact amount of the salary only approximately.

It is not necessary to know the amount of your ex-husband’s salary, because... Child support is assigned as a percentage of the entire annual income and is divided in equal parts for each child.

Accrual of fines and penalties for evasion of payments

We have already said that administrative liability includes fines and penalties. They act as a kind of punishment for non-payment of alimony, as well as coercion to further timely payments. This rule is described in detail in the articles of the Administrative and Family Code. In some cases, fines are an effective enforcement measure. The amount of the fine directly depends on the size and duration of the debt. At the first stage, when the warning is primary, the amount of the fine can range from 1000 to 2500 rubles (Article 17.14 of the Code of Administrative Offenses of the Russian Federation), as well as for the following violations:

• providing false information about your location;
• concealment of information about additional income and property;
• concealing the fact of employment or transfer to another job with higher earnings.

A more serious penalty of 20,000 rubles (Federal Law No. 326) may also be imposed, provided that alimony has not been paid for more than 2 months and there is no good reason. However, a fine of 20,000 rubles is usually issued after previously applied other penalties, for example, correctional labor or arrest for up to 15 days Federal Law (5.35.1). As for penalties, everything is simpler here. Its amount is 0.5% for each overdue day of the total debt. The penalty is imposed only by court decision.

The most important thing in this matter is not to put it off and not wait until the father himself expresses a desire to finally help materially and financially. By law, he, like you, must support a joint minor child, regardless of his place of work and actual earnings. As you understand, failure to fulfill such obligations entails not only a fine, but also imprisonment. Therefore, the court will try to bring the willful defaulter to justice as much as possible, and you will only need to report this to the judicial authorities.

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What amount is required by law for the maintenance of a wife and children - calculation of alimony in 2020

There is no strictly defined amount for child support that a parent must pay . Currently, the amount is determined based on the sum of all types of earnings of the debtor. Alimony is withheld after income tax has been deducted from the salary .

There are two types of alimony payments : in the form of a share determined by law and a fixed sum of money.

In most cases, the court decides to accrue in shares:

• For one child up to 25%.
• On two up to 33%.
• For three or more - 50% of income.

In cases where:

• The defendant has an irregular or constantly changing source of income.
• Income is received in the currency of another country or in kind.
• Unofficial income.
• If the assignment of alimony in shares is difficult or infringes on the interests of the child, the court establishes payments calculated in a fixed amount.

The amount of payments in this case is related to the cost of living . The amount of alimony is calculated taking into account indexation, which depends on the place of residence of the person receiving alimony.

What are the options?

How to pay child support if I work unofficially:

1. If a citizen does not work or does not intend to find employment under a contract in the near future, it makes sense to register with the local Employment Center as quickly as possible. There, most likely, they will allocate a small unemployment benefit for him. Although its size is relatively small, it will still be considered a source of income. Therefore, the allowance can be used to pay money for child care. The same situation is suitable for those citizens who were fired from their main place of work.
2. If the above option is not suitable, or the citizen has been deregistered at the Employment Center, then another method is available. For example, if the alimony worker performs some work, for example, renovating apartments, then you can enter into a contract agreement with your clients. This is a type of civil agreement. It should indicate the amount for your services. From these funds you can transfer a certain share towards monthly payments. For proof, you can present to the bailiffs a receipt for payment of funds and a contract.

In the second case, the amounts specified in the civil contract remain at the discretion of the citizen. He can either indicate real income or deliberately underestimate it in order to further reduce the amount of alimony payments.

USEFUL INFORMATION: How to calculate child support for one child

The procedure for debt formation

Alimony payments begin to accrue:

• when collecting in court - from the day the application is sent to the court;
• in the case of a notarial agreement - from the moment of the first delay in payments.

In addition, the process of initiating enforcement proceedings takes 1–2 months. Therefore, by the time of collection, the payer automatically has a large debt.

After receiving an application for work, the bailiff must:

1. Review the documents.
2. Initiate enforcement proceedings (issue a resolution).
3. Send the debtor a notice of the amount of the debt.
4. Set a repayment period (24 hours).
5. If you refuse to deposit funds, call the alimony provider for a conversation.
6. If a citizen is not present at the place of registration, put him on the wanted list.

Debt repayment options:

1. From official income. If a citizen has a permanent job, then the debt is withheld from his earnings in the amount of 70% of income until full repayment. Also, the payment can be withheld from pensions, unemployment benefits and any other official income.
2. At the expense of property. At the same time, the specialist must conduct a search for the alimony provider’s property. To do this, requests are sent to the authorized bodies (State Traffic Safety Inspectorate, Rosreestr, Federal Tax Service Inspectorate, banking organizations). If property is identified, foreclosure may be applied to the debtor's property.

If there is no income and property or an attempt to hide them, the person is considered a defaulter. The exception is when a citizen has valid reasons (long-term illness, surgical treatment, loss of work). In this case, you must go to court to cancel or reduce the debt.

What documents are needed

In Russia, there are two ways to pay alimony: voluntary (it involves drawing up an agreement) and judicial. The court can collect alimony in a simplified manner - to do this you need to write an application for the issuance of a court order and legal proceedings. When collecting alimony, the validity of your claims can be confirmed by the following documents:

1. A copy of the child's birth certificate (or passport if the child has reached the age of 14).
2. Copies of documents indicating the relationship between the child and the debtor.
3. Certificate from the debtor's place of work regarding the amount of wages.
4. Documents confirming the amount of other income of the debtor.
5. A certificate from the debtor’s place of work confirming that there are no deductions from him based on a court decision or other executive documents.
6. Documents confirming that a minor child is a dependent of the claimant.
7. Power of attorney of the representative (if the application is signed by the representative of the claimant).
8. Other documents confirming the circumstances on which the claimant bases his claims.

Responsibilities and powers of bailiffs

Every alimony claimant who has applied to a bailiff with an application for forced collection of alimony must know what duties and powers the bailiffs are vested with by law. This knowledge will be useful in order to know what exactly can be required of them.

After this, the bailiff must send out all the necessary requests to obtain information about the debtor’s place of work, as well as about all other sources of his income.

Having completed the collection of relevant information, the bailiff is obliged to ensure the transfer of alimony payments from the payer’s income to their recipient. So, for example, if the payer works in an organization under an employment contract, then the bailiff sends to this organization the documents necessary to withhold and transfer alimony amounts from the debtor’s salary to the recipient’s bank account.

The bailiff also has the right to apply the following measures to the debtor:

• Temporary ban on driving;
• Search for the alimony payer or his property;
• Other measures necessary for the forced collection of alimony payments.

Fictitious notarial alimony agreements

I have a minor child. The ex-husband has arrears of alimony along with a penalty of more than 500 thousand rubles.

Having got a job, they began to withhold 1/4 alimony from his salary and pay off the debt. Almost immediately, in order not to repay the debt, he entered into fictitious notarial agreements to pay 25% alimony to both parents.

Thus, payments to the child amounted to 25%, and the rest to 45% to the parents.

My ex-husband and I live in different cities (more than 1 thousand km). After more than a year of legal battles (including an appeal), the notary agreements with his parents were canceled. After this, the bailiff sent a new order to withhold the debt to his place of work.

But, a week before payroll, the ex-husband again enters into a new notarial agreement with his parents - 25% for the mother, 20% for the father.

And again, 25% goes to the child, and the rest to the parents. The debt is again not repaid.

Dear lawyers! Please tell me what can be done in this situation? He found a loophole in the law. I will cancel agreements, and he will re-enter them. And so on ad infinitum?

Is it possible through the court to prohibit him from entering into new notarial agreements?

Or, as a last resort, what are the chances of recovering illegally received alimony from parents under Article 116 of the RF IC?

Thanks in advance, Marina

Where to complain and who to contact if the bailiff is inactive?

You can file a complaint about the bailiff’s inaction to his superior management, that is, the senior bailiff. And, as a rule, this is enough to start the process of fulfilling the obligations assigned to the service. However, if this does not help, you can file a complaint with the prosecutor's office or court.

A complaint about the bailiff’s inaction must contain the following information and information:

1. Information about the body to which it is sent, or about the official to whom it is addressed;
2. Information about the applicant - full name, passport details, registration addresses and actual place of residence, contact numbers;
3. Information about the debtor - full name, passport details, registration addresses and actual place of residence, contact numbers;
4. Information about the enforcement proceedings and the executive document on the basis of which it was initiated;
5. Information about what exactly the bailiff’s inaction is and for how long;
6. Other information, if necessary, taking into account the specifics of a particular case;
7. Statement of the applicant's requirements.

All information specified in the complaint must be supported by documents. Thus, to confirm the date of transfer of any documents to the bailiffs, it is necessary to attach copies of the claimant’s copies with notes indicating their receipt by an authorized employee of the service, or a list of the attachments in a valuable letter with notifications of delivery to the addressee. Evidence may also be extracts from the case, which the claimant has the right to make at any time during the period of enforcement proceedings.

This is important to know: How to confirm payment of alimony from card to card

complaints against a bailiff to a higher official

You need to defend your rights by all possible legal means. In particular, this applies to the right to receive alimony necessary for the maintenance of a minor child.

At any stage of collecting alimony, mothers who do not have the necessary knowledge and experience in this matter have the right to attract qualified specialists to interact with the courts, bailiffs and other bodies and organizations. Competent specialists will draw up all the necessary documents and represent her interests properly. And the mother, instead, will be able to spend time communicating with the child, who during such periods of life especially needs the support of loved ones.

What does the Russian law say about alimony debtors?

While the husband was changing jobs, he was “dripped” on average earnings from a certificate provided by the accounting department to the bailiffs with information about the end of the deduction for this place of work. This has already happened twice. The document is sent. And while you are “not employed,” the debt accrues based on the last deductions.

Example: a father, obligated to pay money in the interests of the child, gets a job according to documents in a certain private organization as a loader. The salary is set at a minimum. Accordingly, alimony is also minimal. In fact, a person unofficially works in another company, where he receives an income several times greater than what is indicated in the documents. That is, by getting a job as a loader for the sake of appearance, the parent is hiding his real income.

If a driver who is subject to a corresponding restriction is caught by the traffic police before he has yet surrendered his license, he will be fined 2,500 rubles. As a rule, courts handed down suspended sentences to defaulters. And with administrative liability, they actually face up to 15 days of arrest and mandatory work for the benefit of the state. This was a good incentive to start paying child support. Based on the results of the first quarter of this year, the amount of debt that was repaid by alimony workers amounts to several million rubles.

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Art. 81 of the Family Code of the Russian Federation states that alimony is withheld in shares of the income of the payer. If a man works and receives a salary, then he must allocate 1/4 of this income for one child. If there are other sources of funds, then deductions should probably occur from them as well. Probably because there is a special List approved by the Government of the Russian Federation in 1996, which tells which income can be deducted and which cannot. Meanwhile, the phenomenon of fictitious employment for alimony is widespread in society.

This decision can be made by the bailiff upon an application from the payee or on his own initiative.

Positive and negative aspects of such employment

The positive side of this action is a significant reduction in the size of transfers.

But such actions have much more negative sides than positive ones:

• the company that issued the certificate may be a one-day company, which is why this document will not be valid, and the payer will simply waste time and money;
• if it is established that the amount of profit was intentionally reduced, the violators will be punished;
• The bailiff can request information from the pension fund and find out about the illegal act.

By hiding his real profit, the alimony provider exposes not only himself, but also those persons who issue him the document.

Fictitious employment for alimony, two points of view

• From the point of view of the alimony payer who wants to fictitiously get a job. In particular, we will find out: why is this necessary, what benefits will it bring, what risks are there?
• From the point of view of the recipient of payments: how to prove the fact that labor activity is carried out only on paper?

It was stated above that Art. 81 of the RF IC obliges to withhold a certain share of the payer’s income, depending on the number of dependent children. But there is another article in the code, number 113, which says the following:

1. a debt is accrued in the name of a person who has no income;
2. if the child support provider does not work, this does not relieve him of the need to fulfill his obligation to the child;
3. debt calculation is carried out based on the average salary in the country.

Thus, it is impossible to simply stop working in order not to pay child support. The most promising option: buy a certificate confirming the fact of employment and receipt of income from which money can be withheld for alimony.

USEFUL INFORMATION: Statement of citizenship on the Birth Certificate

Example: a father, obligated to pay money in the interests of the child, gets a job according to documents in a certain private organization as a loader.

The salary is set at a minimum. Accordingly, alimony is also minimal. In fact, a person unofficially works in another company, where he receives an income several times greater than what is indicated in the documents.

That is, by getting a job as a loader for the sake of appearance, the parent is hiding his real income.

• At the beginning of 2020, the minimum wage was 7,500 rubles. From this amount, 1875 rubles should be withheld for 1 child.
• The average salary in the Russian Federation during the same period exceeds the level of 30,000 rubles. Let’s take it equal to 35,000 rubles for ease of calculation. The amount of alimony payments for 1 child, accordingly, will be 8,750 rubles.

When we say that the benefit is about 7,000 rubles, we were looking at the iceberg, seeing only its tip. In reality, of course, the benefits are more modest, and there are also risks.

• There is no payment of funds to state funds for the alimony recipient. This is direct evidence that the certificate was purchased, and the person, in fact, does not work anywhere. Or, it works, but somewhere else.
• The company itself can quite quickly cease to exist, casting a shadow on its “employee”.
• Bailiffs have the right to come to the employer of the payer of funds in the interests of children with inspections. It is likely that internal documentation is not maintained in the organization. That is, having come to the company’s office, the bailiff will not have the opportunity to verify how many days in a month, how many hours a day, the person against whom enforcement proceedings were initiated worked.

Therefore, if you are going to collect evidence indicating the fact of employment, then you need to contact people who will take all the necessary actions so that there is no doubt about the reality of the existence of an employment relationship. But here problems arise for the employer.

Hiring someone only on paper is always a risk and extra expenses. Let's return to the question of determining the real benefits of fictitious employment. It is no secret that the employer is obliged: Thus, to the amount of 1875 rubles you need to add a few thousand more to understand how much money you will actually have to pay per month.

And all the same, it is better to pay, say, 5,000 rubles than to give almost 9,000. Therefore, getting a job in order to hide real income is profitable.

But it's risky. If you want to hide your real income and not become a payer who is charged a debt based on the average salary in the country, you need to contact the employment authorities, register with the labor exchange, and start receiving benefits. And then alimony will be withheld from this benefit.

Lack of evidence

Quite often there are situations in which calculating alimony is simply impossible, since the father receives the so-called salary directly in an envelope (unofficial). What to do in this case?

The mother needs to contact the Federal Bailiff Service, who are required to independently conduct an investigation and provide evidence of the children’s father’s income. They must clearly indicate the entire necessary list of sources from which alimony can be collected.

If a person does not have an official income, he is not exempt from paying alimony. If he does not pay on his own initiative, then a debt will arise, which is calculated based on the average salary in the country and (or) average earnings in the corresponding region.

This debt will accrue, but how can you get it? There are several options to solve the problem. Try to foreclose on the property of the negligent spouse, try to confirm his earnings (necessarily establishing its amount), or apply to the court to change the method of fulfilling obligations to the children.

Regarding the first option, it is dealt with by bailiffs, who have the opportunity to find out what kind of property the defaulter owns. If it is actually owned, then it is put up for auction, and the proceeds go to pay off the debt. But there are exceptions: housing cannot be seized and put up for auction if it is the only housing owned by the debtor. And property whose value does not exceed ten thousand rubles cannot be sold. Only that which can cover the amount of debt is seized. However, the amount received at the auction is significantly lower than what the debtor could have received by independently selling his property.

To implement the second option, you can try to have a conversation with your ex-husband’s employer. Explain to him your difficult financial situation, threaten with tax audits. But this is unlikely to change the nature of the ex-spouse’s salary.

After all, employers often pay employees exclusively in envelopes. This is usually due to their reluctance to burden themselves with tax obligations required by law. As practice shows, the list of methods used to prove the actual income of the father of children still remains open.

When is it impossible to prove income?

When acting in the above ways, you need to understand that this can lead not only to legal punishment of the alimony payer who hides his income. Other employees of the company may also suffer from the actions taken. Therefore, you need to think carefully before going to court. The best solution may be to communicate with the head of the organization where the ex-husband works. Most often he goes to a meeting in such a situation.

You can prove hidden income using any of the above methods, but the opposite is also possible. It all depends on the correct presentation of information to the court. In simple words, the winner will be the side that is better prepared. Thus, it is better to involve a lawyer specializing in civil law in such proceedings.

When is it impossible to prove that the alimony provider is hiding his real income?

Often, collecting evidence that the alimony provider is hiding his real income comes down to the human factor. Those. when the persons involved in the issuance, preparation and collection of documents do not perform their tasks very responsibly or simply refuse to issue the requested documents.

What to do in such a situation? Seek help from the court from a bailiff - a person who is competent enough and has sufficient authority to contact the tax service, pension fund and other services to obtain documents on salary and deductions.

Hire a lawyer. A lawyer has the same powers as a bailiff and legally has the right to demand the above documents.

From alimony to manipulation one step

A person may not pay alimony, enjoying the dependent position of his partner. On a subconscious level, he may be afraid of rejection, not wanting to face his fear of uselessness. Sometimes the debtor wants to hurt, humiliate his partner or make him feel pity. All this suggests that child support debtors do not always feel responsible for the need to pay child support. To avoid it, they use different ways to manipulate their ex-partner, says practicing psychologist Marina Arapidi. She said that manipulation in a relationship has six symptoms: making demands, resistance, pressure from the person manipulating, threats, your consent and repetition of this situation in the future.

“If the primary goal is to defeat you, your partner will try to control you, ignore your protests, insist that his interests are higher than yours, and avoid talking about his own responsibility. At the same time, he will think about the child last,” the psychologist explained.

Let us remind you that the right to receive alimony in Russia is reserved only for minors. When a child reaches the age of 18, the obligation to pay child support is removed from the parents. Last February, the Russian government did not support a State Duma bill that would have required parents to pay child support for their adult children aged 18 to 24 if they were full-time students.

Alla Smirnova spoke with experts

mir24.tv

Some nuances of the case

Often the parent with whom the child remains demands to receive alimony in a fixed (so-called flat) amount. There are three types of reasons for this:

• the payer receives income in foreign currency;
• a person receives income from odd jobs;
• the nature of the income received is unstable.

The advantage is that the amount of the benefit can increase significantly in comparison with the accrual that was made taking into account wages. The disadvantage will be noticeable when the payer’s work activity changes, namely when the amount of his official income increases. And the amount of the deduction will also increase if it is related to the fixed payment established by the court earlier. In this situation, the child’s mother will again have to turn to the judicial authority, which will require additional costs, both time and material.

The main thing that child support providers must remember is that children suffer from their reluctance to provide a decent life for children. But these little creatures are not to blame for anything. And the state, in turn, provides for criminal liability for evasion of alimony payments. And it’s better to pay the children than to go to jail later. And the main thing is the moral side of the issue. After all, our children are the most precious thing that can be. And they undoubtedly have the right to a decent existence.

If the spouse evades payment

Today, only a quarter of fathers regularly pay child support, so the issue of forced collection of child support is often raised by the mother. If the alimony payer deliberately evades payments, and does not have valid reasons, then he can only be brought to justice through the court. The legislation provides many ways to punish a willful defaulter, but this can only be done when the payment arrears are more than 6 months. Administrative methods of punishment for failure to fulfill one’s direct responsibilities to a minor child include:

• money penalty;
• accrual of penalties;
• imposing restrictions on crossing the Russian border;
• deprivation of driver's license;
• compulsory community service.

Administrative liability is applied to the defaulter when the mother first applies for evasion of alimony. This issue can only be resolved through the court, and here it is best not to delay and not hope that the father will come to his senses. If the measures described above do not help in any way to bring him to justice, then more stringent methods are used - criminal punishment. The judge has plenty of reasons for this, so he can, upon subsequent appeals, impose criminal liability with all the ensuing consequences. Criminal liability implies imprisonment for up to 3 years (Article 157 of the Criminal Code of the Russian Federation). In addition, if administrative or criminal liability is imposed, the debt can be recovered from the defaulter by assessing and selling his property.

Deadline for paying alimony

A mother may be exempt from the need to pay child support when:

• the child turns 18 years old (except for those cases when, based on the results of a medical examination, he was assigned any of the disability groups);
• the recipient of alimony is undergoing the emancipation procedure (the guardianship authority may recognize a minor as legally competent if he receives the status of an individual entrepreneur or enters into marriage);
• premature death of mother or children;
• adoption or adoption.

In all other situations, providing for children is mandatory. If a citizen who refuses motherhood ignores Russian legislation, she may be subject to administrative or even criminal liability (prison).

What else can be done if the bailiffs are inactive?

In addition to fulfilling the requirements of the law, which are often lengthy and fruitless, the alimony collector (usually the mother of a minor child) can try to solve the problem in other feasible ways, of course, in the legal field, without committing illegal actions. For example:

• pick up the writ of execution from the FSSP and independently take it to the organization, enterprise, institution at the place of work of the husband - the alimony payer (if the husband does not work - to the employment center, pension fund or social protection fund). According to Article 109 of the RF IC, the management of private and state structures is obliged to comply with court orders;
• submit a writ of execution to the bank, if the alimony payer has a savings or current account, and an application to write off the court-appointed sum of money to the details specified in the writ of execution. Not every banking institution will satisfy an individual’s request to write off a sum of money, even if there is a writ of execution. In any case, the bank must provide a written refusal in response to the submitted application;
• initiate legal proceedings to deprive the alimony payer of parental rights and bring to criminal liability for malicious non-payment of alimony;
• and, finally, contact a collection company, which will collect alimony for a certain fee (usually a percentage of the amount received).

As you can see, you can find ways to solve even such a problem as malicious non-payment of alimony in combination with the inaction of bailiffs. Before taking decisive action, consult with family law lawyers on our portal - it's free.

How to get alimony

• Some parents avoid paying child support in every possible way. Sometimes the debt reaches unimaginable proportions, and it is not possible to achieve any payments.
• Deputies have made changes to the legislation, but getting money for raising a child from a child support defaulter has not become any easier.
• According to officials, the risk of criminal liability is the best motivation for alimony defaulters. They judge a lot and often.
• In 2020, 40,235 people were convicted in Russia for malicious failure to pay child support, and three were acquitted.
• Only the parent living separately who has no contact with him loses interest in the child: as a rule, through the fault of the one who remains with the child.

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Maryana Torocheshnikova: In Russia, there are 829 divorces per thousand marriages, and almost 6 out of 17 million Russian families are single-parent. Some parents categorically refuse to support their children and avoid paying child support in every possible way. Sometimes the debt reaches unimaginable proportions, and it is not possible to achieve any payments. In an attempt to solve the problem, deputies made changes to the legislation, and now it has become easier to get money to raise a child. Or is this an illusion? Let’s ask lawyer Elena Bogacheva and Ilya Sivoldaev , a juvenile lawyer at the “House of Human Rights” in the city of Voronezh.

Elena Bogacheva: In my opinion, these short stories do not radically solve the situation for a parent who is raising a child alone. All of them consist in the fact that a parent who evades payment of alimony can be recognized by the court as missing, and after the decision enters into legal force, if the parent has not been found, you can apply to the Pension Fund for the assignment of an insurance pension in the event of the loss of a breadwinner. According to the Pension Fund for 2020, the amount of such a pension was 5,034 rubles per month. This is much less than the living wage.

To announce an executive search for an alimony debtor, it is necessary that enforcement proceedings be initiated, and after the court decision, the bailiffs receive a writ of execution or a court order to collect alimony. Then it is necessary for the bailiff to initiate enforcement proceedings, take all measures available to him to search for the debtor’s property, and only after that an executive search is announced when there is neither a person nor any property or funds. And all this takes a very long time.

Maryana Torocheshnikova: But such a procedure existed before? It was possible to recognize a person as missing and apply for a pension. Why then do officials say: look what a gift the president gave us on the eve of March 8?

Ilya Sivoldaev: Yes, the law was signed on March 7, and it was seven years late. From January 1, 2012, the search for those evading the payment of alimony was transferred from the police to the bailiffs, but the law remained the rule that it is necessary to obtain information from the police that during the year no success was achieved in the search. The explanatory note adopted by the State Duma states that, according to statistics, only about four thousand people have been listed as undetected by bailiffs for more than a year. And, as a rule, the problem is that people are found, but they have no property, no money, nothing to take. And for those four thousand citizens who are faced with something that they cannot find, the situation is made easier because there is no need to contact the police, it is enough to communicate only with bailiffs.

The problem is that people are found, but they have no property, no money, nothing to take

For the children from these four thousand families, this is a real relief. For others, this is an opportunity to make sure that people are not found for a year, to recognize them as missing in order to get at least something. The most interesting thing: if a person is declared missing, and the child is a full-time student after 18 years of age, then he can receive this pension until he is 23 years old, and alimony only until he is 18.

Maryana Torocheshnikova: The alimony worker doesn’t work, does odd jobs, it’s impossible to get any alimony from him, and then this procedure starts?

Elena Bogacheva: The pension for the loss of a breadwinner is paid until the person declared missing by the court shows up. As soon as it is announced and cancels this court decision, the grounds for paying the pension disappear, and the situation with non-payment of alimony resumes. A person declared missing is deprived of a number of rights related to the exercise of the right to housing and to work, and he needs to renew his documents, because he seems to be gone.

Ilya Sivoldaev: Once a man approached me who had lost his passport. He went to the police station, and there they said: “You have been declared dead.” After a person is declared missing, after another five years he can be declared dead. And we had to go to court and overturn all these decisions.

Maryana Torocheshnikova: That is, it turns out that it is still more profitable for a person to pay alimony, even the smallest one, from a modest income.

Elena Bogacheva: From an economic point of view, it is more profitable for him not to pay alimony, because, by and large, nothing can be done with an alimony defaulter.

Ilya Sivoldaev: Our legislation hypothetically allows for the collection of a penalty, this is half a percent for each day of delay, and huge sums accumulate there. The question is where to keep this money from. When a person reaches retirement age, they can be retained at least from the pension. Before this, you can scare him by not going abroad, restricting him from owning a vehicle or using a driver’s license, but if there is no money, then there is no money.

Maryana Torocheshnikova: That is, these amendments will not bring much relief. And it happens that a person does not want to pay alimony: what to do with him?

Elena Bogacheva

Elena Bogacheva: Every parent has the obligation to pay alimony for the maintenance of their child, regardless of whether a court decision has been made against them to collect alimony or not. When there is a document that he is obliged to pay money, it must be collected from the income of this person. If a person does not have income, he does not declare it, does not own property, or, for example, his property is registered in the name of relatives or assistants, then this person does not have any property or income that can be seized.

Maryana Torocheshnikova: And it is impossible to prove that he is a fraudster, hiding his income?

Ilya Sivoldaev: It’s very difficult, but it’s possible if you want. Our detectives do this for a fee.

Elena Bogacheva: Another question is what it gives. You can prove that a person has a business, but what follows from this? Is it possible to foreclose on the income from this business if another person receives it? The payer of alimony is the person indicated in the relevant document, and the law does not allow the collection of elements from the property or income of another person. The law allows you to punish a person who does not pay alimony - this is administrative and then criminal liability. But this does not provide any money at all for raising a child.

Maryana Torocheshnikova: According to officials, the risk of criminal liability is the best motivation for alimony defaulters. They judge a lot and often. In 2020, for example, in Russia, 40,235 people were convicted of malicious failure to pay child support, and three were acquitted.

Correspondent: Among the few words in little Artyom’s repertoire is the word “dad.” However, as in life. The last time they saw each other was more than a year ago. However, in this family, the more pressing issue is not the ethical, but the financial issue of paternal participation. It was possible to achieve payment of alimony only through the courts.

Anastasia, Artem’s mother: He pays this alimony at the bare minimum: it comes out to two and a half to three thousand. Given modern prices and the needs of a child, this is an insignificant amount. From time to time I receive messages: “refuse alimony, otherwise an unpleasant surprise awaits you.”

Correspondent: The court ruled: Anastasia’s ex-husband is obliged to pay 25% of his income for the maintenance of his son, but he is employed at the lowest paid rate, and the young woman is sure that he receives most of his earnings in an envelope. Providing a child with everything necessary is not cheap; a month can cost up to 20 thousand rubles.

Anastasia: If we lived in Europe, this law would probably work fully, and people there still have a different understanding of responsibility. I don’t think there are many “gray” salary schemes there.

Among the few words in little Artyom’s reserve there is no word “dad”, however, as in life

Correspondent: Anastasia herself is still a full-time student and does not work. He says that he doesn’t rely much on the state. Fortunately, parents help. Now Anastasia plans to seek payment of the subsistence minimum per child: in the Tomsk region it is about 11 thousand. This means that there is still more litigation ahead.

Maryana Torocheshnikova: If even criminal liability does not help to get money for child support, how can you still get it?

Elena Bogacheva: In most cases, a man still does not pay alimony after a divorce, because he wants not only to bear responsibilities, but also to have rights, and he is amazed at these rights. The woman with whom the child remains, without any trial, believes that the child is her property, and she has the right to raise him herself as she wants, more often with her mother, less often with her new husband. And men want equal participation in raising a child, they want not only to pay alimony for a child in whose upbringing they do not take part, and often do not even see, but to exercise their rights, to see how the child develops. Every duty must be accompanied by some kind of realizable right. And the rights of a parent living separately to communicate with the child and participate in his upbringing have long become nominal.

Ilya Sivoldaev: In any case, you need to go to court if there is no notarized agreement on the payment of alimony, and then, having received a decision or court order, obtain a writ of execution and work with bailiffs and other government bodies. In this case, they may even conduct an audit of the employer and reveal that the parent is paid not only “white” but also “black” wages. Many employers do not like it when people come to them with unnecessary checks. A significant part of the workers are men, and they often have to choose: either increase official wages or fight the Labor Inspectorate.

Elena Bogacheva: I believe that the first thing is communication between the child’s parents, because only the separated parent who does not have contact with him loses interest in the child: as a rule, through the fault of the parent who remains with the child. Mom most often prevents the child from communicating with dad: he is told badly about dad, he has no interest in him. Dad is the cut-off piece for this family. In all cases where there were disputes about non-payment of child support, it all came down to this very issue: the child belongs to the mother, and his emotions are not his emotions, but what his mother, grandmother or stepfather told him. And there is no justice for those mothers who prevent the child from communicating with the father. Until this issue is resolved, people will avoid paying alimony.

Maryana Torocheshnikova: This applies not only to mothers, but also to fathers.

Elena Bogacheva: In most cases, it’s mothers who get in the way. If the mother knew that for failure to comply with the court decision to provide the child with the opportunity to communicate with the father, she could be forced to pay alimony, and the child could be transferred to live with the father, her actions would have been different. I think this would resolve many controversial situations regarding the payment of alimony. But every mother in our country knows that the law will not do anything with her, even if there is a decision obliging her to provide communication. The mother can write to the guardianship authorities that meetings with the father have a bad psychological effect on the child, the child is stressed, he is crying, and the guardianship authorities or the ombudsman for children’s rights write to the father: unfortunately, due to the fact that the child is stressed after communicating with dad, it is inappropriate to communicate (I myself saw such a letter). And that’s it, the mother with this paper at the ready says: “Pay, but you won’t see the child!” Who will pay in such a situation? Only those who are forced, who have nowhere to go. And people are minimizing their salaries to pay less.

Maryana Torocheshnikova: In unregistered marriages there are also children, the father receives a certificate of paternity, and he also has some rights and responsibilities. But there are a lot of families where a woman lives with a child whose father is not documented in any way. If this father helped the family, and then suddenly stopped helping, is it possible to collect alimony from him?

Ilya Sivoldaev: Here you need to go to court and establish paternity in court. Typically, the examination shows that the person is the father.

Maryana Torocheshnikova: Could the father be required to submit biomaterials for examination?

Ilya Sivoldaev

Ilya Sivoldaev: They usually assume that if a person refuses an examination, then he actually admitted the fact of paternity. In addition to blood testing, evidence of cohabitation, care, and so on plays a role.

Elena Bogacheva: This problem should be a problem of society, not an individual mother. When the father is not registered with documents, the mother must take measures to ensure that he is registered much earlier than a conflict arises, thinking that if something happens to her, the children may end up in an orphanage. Such cases are known. There are also cases when the mother dies during the second birth, and inheritance issues arise.

Ilya Sivoldaev: Everything, of course, comes from the family. If it so happens that the father did not pay child support, children perceive this as a model, and this is reproduced in subsequent generations.

Maryana Torocheshnikova: There are also situations when the father regularly pays child support, but does not want to see the child.

Elena Bogacheva: It happens that a mother conveys to her child the information that is beneficial and convenient for her, that corresponds to her views. In my opinion, a child raised in a single-parent family should not know at all whether his father pays child support or not.

Maryana Torocheshnikova: Does dad have the right to demand from his ex-wife an account of how she spent the money he transferred to support the child?

Ilya Sivoldaev: Our legislation does not provide for such a report. Only in some egregious situations, when a child does not want to live with one parent, but wants to live with another, do they begin to find out in court whether mom or dad is spending child support correctly, and whether it would be better for the child to live with the other parent.

The money for child support goes to the mother, and she determines how best to use it

Elena Bogacheva: There is judicial practice that suggests that the family spends incoming alimony at its own discretion. The money for child support goes to the mother, and she determines how best to use it. There is a more complex legal situation: the money received to pay alimony is accumulated in an account, the mother is in a new marriage, and when this new marriage is dissolved, the new spouse tries to divide the money in this account. And we have a court decision, where the court came to the following conclusion: this money is subject to division between the child’s mother and the new spouse, because it was saved due to the fact that the common money of the family - the mother and the new husband - was spent on the maintenance of the child. There is an element of fairness here.

Another interesting case. The estranged father not only paid child support, but also gave the child, whom he did not see, things - clothes, school backpacks. Mom was in a new marriage, and her husband himself was the payer of alimony for another boy, his son, but did not work. And it turned out that the things received for the child were transferred to the family where alimony was not paid, that is, the child for whom these things were transferred never saw them. The father went to court to change the payment order. The court ruled that 50% of the funds sent go to the mother's account, and 50% are sent to the account opened for the child. This is the maximum that the court could offer.

Maryana Torocheshnikova: Parents can agree on the method and amount of payment for child support without judicial intervention. Lawyers consider the best option to conclude an agreement on the payment of alimony. People have notarized an agreement on a fixed amount or interest, but then circumstances suddenly change, or a person, despite the existence of this agreement, refuses to pay alimony - what then?

Elena Bogacheva: Then they go to court. And the courts almost always refuse to change the alimony agreement or terminate it, no matter how difficult the conditions are. The court is not examining the question of whether there is money to pay the alimony specified in the agreement. He examines the question of how much the financial situation of the alimony payer has changed. If at the time of the agreement he had a shadow business, now that he has come out of the shadows, the situation has become better. Previously, according to the declaration to the tax office, there was no income at all, but now he has it, his salary is 30 thousand rubles a month , and the situation did not worsen. Therefore, an alimony agreement is a very terrible weapon for both parties, because it is not clear what it will lead to next. The alimony payer may become a successful businessman or a highly paid specialist, and then the agreement to pay alimony will be unprofitable for the recipient: it may be a much smaller amount than what would be due by law.

Ilya Sivoldaev: If a person has nothing to hide, if he is honest with his children, then there should be no problems. As an alternative, there is also the collection of alimony in a fixed sum of money, if the income is unstable, or alimony is collected in kind, that is, not as a percentage of earnings, but in a certain amount of money.

Elena Bogacheva: Or certain property.

Ilya Sivoldaev: These amounts were automatically indexed taking into account the increase in the cost of living; each region has its own, so there are no problems. Of course, the courts don’t really like to delve into all these nuances and collect fixed sums of money, but this practice also exists.

Maryana Torocheshnikova: If this amount is fixed in a notarized agreement on alimony, then that’s it: if you want to increase it, and the other person is categorically against it, you can’t do anything. And if it was a court decision, can it be stated in it or in the agreement that at some period of time this amount will increase by such and such an amount?

Elena Bogacheva: In the alimony agreement, you can establish any conditions that do not contradict the law. Since the indexation of amounts paid does not contradict the law, as well as penalties accrued for late payment of alimony, an alimony agreement can accommodate all this. As for the court, the law provides for indexation, if we talk about a fixed amount.

Ilya Sivoldaev: Yes, these changes were made in November 2020, and indexation should be carried out automatically, including by an accountant at the place of work.

Maryana Torocheshnikova: The conclusions are disappointing. It turns out that if people were unable to come to an agreement and maintain a good relationship after breaking up, then it will be impossible to collect unpaid alimony from a person who does not want to pay. He will either hide the property or transfer it to someone else, will not give the money, and the state will not help here in any way. In extreme cases, he will be sent to a colony for a year.

Elena Bogacheva: If a person is marginal, then nothing will scare him, he has not paid and will not pay. And in the vast majority of cases, people love their children and do not want to pay child support only because in return they do not even get the opportunity to have normal communication with the child. Well, those who simply want to pay less, but do not want to lose their license, as a rule, manage to jump into the last carriage and do not go so far as to deprive them of either their driver’s or parental licenses. And the marginalized don’t care.

Ilya Sivoldaev: It happens in different ways, each situation is individual. Recently there was news that someone paid 100 thousand in alimony to go to Denmark for the World Hockey Championship. If you set a goal, you can achieve collection of the elements, but, of course, you must try to negotiate and act in such a way that it is, first of all, in the interests of the child.

How to check the actions of a bailiff

The responsibilities of the bailiff include:

• Establishing sources of income.
• Search for alimony debtor, if a corresponding application has been submitted from the recipient, an adult child or a representative of the guardianship authorities or the prosecutor's office. The bailiff can also conduct a search on his own initiative.
• Involvement in search work of the traffic police, the Pension Fund, banks and other organizations that can provide reliable information about the location of the alimony provider and his income.
• Carry out measures to restrict freedom of movement: the debtor cannot travel abroad or drive a car.
• Seize property and bank accounts of the offender.
• Initiate a criminal case.

The basis for familiarization with the materials of enforcement proceedings is the provision of Art. 50 of Law No. 229-FZ, which states that any of the parties to the relationship has the right:

• study the case materials and make copies of them;
• find out whether the bailiff made inquiries to the Pension Fund, Rosreestr, State Traffic Safety Inspectorate, Unified State Register to identify the debtor’s income and property;
• find out what answers government agencies gave to the bailiff’s requests;
• check whether the bailiff visited the debtor and carried out explanatory work.

If the recipient has established that there was a negligent attitude of a civil servant to his work, you can file a complaint against him, draw up a series of petitions or petitions obliging the FSSP representative to perform specific actions: prohibit the debtor from using a car, traveling abroad, using bank accounts and property.