How to view and collect alimony debts from a defaulter

Alimony debts in Russia amount to a huge amount. According to 2019 data, we are talking about 152 billion rubles, and this is a historical maximum in the country. There are different types of debt - intentional and unintentional. In the first case, the person himself does not want to pay his debts, and in the second he cannot do this due to various circumstances beyond his control.

You can find out if you have debts on various resources - “State” and even “Odnoklassniki”. To extinguish them, a person has several ways. Well, if he does not want to do this, then the collecting party has every chance of obtaining forced payments through the court. And the law will be on the side of those who demand.

Components of alimony debt

Both the payer and recipient of alimony are interested in determining the amount of debt:

• the first one needs to have an idea of ​​what measures can be used against him by the SSP employees;
• the second needs to know what amount is due to him when collecting a penalty for late payments (when collecting the payer’s property).

The alimony debt may consist of several parts, which depend on the method of collection. Let's look at them in more detail.

1. Court order for forced collection

If the defaulter has an official job, the court may decide to withhold a certain percentage of his earnings. Such a measure is permissible in accordance with Article 81 of the Family Code of the Russian Federation.

Determining the specific amount falls on the shoulders of the accountant of the organization in which the defendant works.

• If the debtor terminates the employment relationship with the employer, then the accounting department stops making alimony payments. In this case, the payer forms a debt. The percentage of alimony withheld does not change, but the amount of income is adjusted based on the current average monthly salary in the country. This rule is regulated by Article 113 of the Family Code of the Russian Federation. This method of calculating alimony is used until the debtor finds a new job.
• If the payer contacts the Employment Center during the period of his absence from an official place of work, the payment will be calculated as a percentage of the unemployment benefit.

Sometimes the court decides on a specific monthly amount that the payer is obliged to transfer to the recipient. In the absence of regular payments, the size of the debt constantly increases by this amount. In situations where the debtor does not have enough own funds to make full payment, he is left with a debt equal to the amount of the unpaid balances.

Let's give an example. Alexander M., in accordance with the court order, is obliged to make a payment every month in favor of the minor. The amount of alimony payments is 8,000 rubles. For three months, Alexander did not pay alimony in full: for June he transferred 4,000 rubles, for July - 3,500 rubles, for August - 5,000 rubles. The debt for the specified period will be equal to: 4000 + 4500 + 3000 = 11,500 rubles.

2. Agreement drawn up in a notary office

Very often, the amount of alimony payments is established by agreement of the parties. In this case, the payer voluntarily undertakes to pay a certain amount per month. Such an agreement is drawn up by a notary. If payments become irregular, a debt arises, the amount of which consists of the balances (or full amounts) determined based on the amount of alimony agreed upon by the parties.

If it is necessary to collect an alimony debt resulting from the payer’s failure to fulfill the terms of the agreement, the recipient must contact the Federal Bailiff Service at the debtor’s place of residence. Bailiffs (if there is a notarized agreement) initiate enforcement proceedings. According to Article 100 of the Family Code of the Russian Federation, in this case there is no need to contact the judicial authorities.

How to collect child support from a non-working debtor?

Parents are required to support their minor children. If parents do not provide maintenance to their minor children, funds for their maintenance (alimony) are recovered from the parents in court (clauses 1, 2 of Article 80 of the RF IC).

Alimony can be collected not only from wages, but also from other types of income, for example, income from business activities or under civil contracts. The list of types of wages and other income from which alimony for minor children is withheld is approved by Decree of the Government of the Russian Federation of July 18, 1996 N 841.

If a parent does not work and does not have the specified income, then most often he does not pay child support voluntarily.

We recommend collecting and calculating alimony from a non-working debtor, including someone who is unemployed or on leave without pay, as follows.

Step 1. Determine the method of collecting alimony.

There are two ways to collect alimony.

Method 1 - collection of alimony in proportion to the earnings or other income of the alimony payer

Alimony for minor children is collected by the court from their parents in the following amounts: for one child - one quarter, for two children - one third, for three or more children - half of the payer’s earnings and (or) other income (clause 1 of article 81 of the IC RF). This is done if there is no agreement on the payment of alimony.

When there is no income, the payer accumulates debt. The debt is determined by the bailiff service based on the average salary in the Russian Federation according to Rosstat at the time of debt collection (clause 4 of Article 113 of the RF IC).

Method 2 - collecting alimony in a fixed amount of money

At the request of the plaintiff, the court may collect alimony from the defendant in a fixed sum of money, for example 4,000 rubles. monthly (clause 1 of article 83 of the RF IC). In this case, the debtor will accumulate debt based on the awarded amount in a fixed amount.

It must be borne in mind that if a previously unemployed debtor gets a job, and a person on leave without pay returns to work and his salary is, for example, 30,000 rubles, then he will still have to pay 4,000 rubles. per month. In this situation, in order to increase the amount of alimony, you will need to again go to court with a claim to change the established amount of alimony due to a change in the financial situation of the payer.

Regardless of the chosen method of collecting alimony, the bailiff service can collect the accumulated debt at the expense of property owned by the debtor (clause 2 of Article 98 of the Law of October 2, 2007 N 229-FZ). If an unemployed person receives unemployment benefits, then alimony is withheld by the employment service from the benefits he receives.

Note. The court has the right to determine the amount of alimony collected monthly, both in shares and in a fixed sum of money (clause 1 of Article 83 of the RF IC).

Step 2: Prepare your application and documents for the court.

The following may be filed with the court:

1) an application for a court order demanding the collection of alimony or

2) a statement of claim for the recovery of alimony.

Procedure and conditions for issuing a court order

Issuing a court order is a simplified procedure for collecting alimony. The judge issues a court order within five days from the date of receipt of the application without trial, calling the debtor and the claimant and hearing their explanations (Article 126 of the Code of Civil Procedure of the Russian Federation).

The judge sends a copy of the court order to the debtor, who, within ten days from the date of receipt of the order, has the right to submit objections regarding its execution (Article 128 of the Code of Civil Procedure of the Russian Federation).

The judge cancels the court order if the debtor raises objections regarding its execution within the prescribed period. If the debtor does not submit objections to the court within the prescribed period, the judge issues a second copy of the court order to the claimant to present it for execution or, at the request of the claimant, sends it to the bailiff for execution (Articles 129, 130 of the Code of Civil Procedure of the Russian Federation).

To issue a court order, the following conditions must be met:

- the requirement to collect alimony should not be related to establishing paternity, challenging paternity (maternity) or the need to involve other interested parties (Article 122 of the Code of Civil Procedure of the Russian Federation);

- the amount of alimony should be calculated in shares of the parent’s earnings (income), alimony in a fixed amount is not collected by court order (clause 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of October 25, 1996 N 9).

Contents of an application for a court order

The application for a court order must indicate (Part 2 of Article 124 of the Code of Civil Procedure of the Russian Federation):

— name of the court to which the application is filed;

- FULL NAME. the claimant, his place of residence;

- FULL NAME. the debtor, his place of residence, date and place of birth, place of work (if known);

— the claimant’s claim and the circumstances on which it is based;

— documents confirming the validity of the claimant’s claim;

— a list of documents attached to the application.

Note!

If the requirements for the form and content of the application are not met, the judge returns the application to the claimant. At the same time, the return of the application is not an obstacle to the claimant’s repeated appeal to the court after the violation has been eliminated (clause 3, part 1, part 2, article 125 of the Code of Civil Procedure of the Russian Federation).

Contents of the statement of claim for the recovery of alimony

The statement of claim for the collection of alimony must indicate (Part 2 of Article 131 of the Code of Civil Procedure of the Russian Federation):

— name of the court to which the application is filed;

- FULL NAME. the plaintiff, his place of residence, as well as his full name. the representative and his address, if the application will be submitted by a representative;

- FULL NAME. the defendant, his place of residence;

— what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his demands;

- the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances;

— the amount of alimony collected and its calculation;

— a list of documents attached to the application.

List of documents attached to the application

There is no exhaustive list of documents that must be attached to a statement of claim or an application for a court order. Most likely you will need:

— copies of marriage and divorce certificates;

— copies of children’s birth certificates;

- certificate from housing authorities confirming that the children are dependent on the plaintiff;

— documents confirming the plaintiff’s income;

- a certificate from the defendant’s place of work (if any) about the amount of his salary and the absence of deductions under other executive documents (if possible);

- other documents confirming the circumstances on which the plaintiff’s demand for alimony is based;

- a copy of the application with attached documents for the defendant.

Plaintiffs are exempt from paying state duty on claims for the collection of alimony (clause 2, clause 1, article 333.36 of the Tax Code of the Russian Federation).

Note. The state duty for issuing a court order to collect alimony in a fixed amount is 150 rubles. is paid by the defendant, which must be indicated in the court order or court decision. The amount of the fee does not depend on the amount of alimony, as well as on the procedure for collecting it (claim or order) (clause 14, clause 1, article 333.19, clause 8, clause 1, article 333.20, subclause 2, clause 1, article 333.36 Tax Code of the Russian Federation; Information letter of the Moscow Regional Court dated January 12, 2005).

Step 3. Submit the application and documents to the court.

Cases regarding the collection of alimony are considered, as a general rule, by magistrates. However, if the statement of claim contains a requirement to challenge paternity (maternity), as well as to establish paternity or deprive of parental rights, then such a case is considered by the district court (Clause 1 of Article 23, Article 24 of the Code of Civil Procedure of the Russian Federation).

A statement of claim or an application for the issuance of a court order can be sent, at your choice, to a magistrate at the place of residence of the defendant or at the place of residence of the plaintiff (Article 28, paragraph 3 of Article 29 of the Code of Civil Procedure of the Russian Federation).

Step 4: Attend court hearings.

If the whereabouts of the defendant in relation to claims for alimony are unknown, the judge is obliged to issue a ruling on the search for the defendant (Part 1 of Article 120 of the Code of Civil Procedure of the Russian Federation).

The magistrate must consider the case and make a decision before the expiration of a month from the date the application was accepted for proceedings. The decision comes into force within a month, unless it is appealed to the district court (Articles 209, 321 of the Code of Civil Procedure of the Russian Federation).

Note!

To resolve a legal dispute, you may need qualified legal assistance from a specialist, the cost of which, depending on the complexity of the case, the amount of the claim and other factors, may be significant. If your interests are represented in court, you will need to prepare a notarized power of attorney for the representative (Article 185, 185.1 of the Civil Code of the Russian Federation). The court may recover the costs of paying for the services of a representative from the defendant in your favor upon a written petition (clause 1 of Article 100 of the Code of Civil Procedure of the Russian Federation).

Step 5. Receive a court decision on the collection of alimony, as well as a writ of execution.

A court decision to collect alimony or a court order must be executed immediately (Article 211 of the Code of Civil Procedure of the Russian Federation).

If the debtor voluntarily does not comply with a court decision or a court order to collect alimony, you can submit a writ of execution and an application to initiate enforcement proceedings to the bailiff service department at the debtor’s place of residence. In this case, the bailiff service monitors the execution of the court decision.

Note!

Collection of arrears of alimony for the past period on the basis of a writ of execution is possible within the three-year period preceding its presentation for collection. But if alimony was not paid due to the fault of the debtor, then it can be calculated and presented for collection for the entire past period (clauses 1, 2 of Article 113 of the RF IC).

Bailiffs determine the amount and procedure for collecting debt from non-working debtors as follows:

1. If the debtor does not work, but receives unemployment benefits

The writ of execution is sent to the employment service to withhold alimony from the unemployment benefit that the debtor receives (clause 10 of the Procedure for withholding alimony, approved by the Directive of the Federal Social Protection Service of Russia dated March 30, 1993 N P-7-10-307).

If the debtor does not work, but receives unemployment benefits, then if a court decision (court order) establishes the procedure for calculating alimony as a percentage of income, the alimony arrears are calculated in the percentage ratio established by the court to the amount of benefits paid to the debtor (clause “c” clause 2 of List No. 841).

2. If the debtor does not work and does not receive unemployment benefits or is on leave without pay

The writ of execution is sent to the place of work of the debtor who is on leave without pay (clauses 1, 2, clause 1, article 12 of the Law of October 2, 2007 N 229-FZ; article 109 of the RF IC).

If the debtor does not work and is not listed as unemployed in the employment service, and there is also no information about the debtor’s income, then the bailiff calculates the alimony established as a percentage of income based on the average salary in the Russian Federation at the time of debt collection alimony (Article 113 of the RF IC).

The bailiff requests information on the average salary from the territorial bodies of the Federal State Statistics Service.

If alimony was established in a fixed sum of money, then, regardless of the debtor’s income, the bailiff indexes the amount of alimony in accordance with the increase in the cost of living (Article 102 of the Law of October 2, 2007 N 229-FZ).

Note!

If a parent does not pay child support and evades paying it, this may lead to deprivation of parental rights (Article 69 of the RF IC).
Also, in case of malicious evasion of payment of alimony, the parent may be brought to criminal liability (Article 157 of the Criminal Code of the Russian Federation). Remember, at any stage of a family dispute, the Legal Center for Family Affairs of lawyer Anatoly Antonov is ready to provide you with legal support.
Call us on the phone in Samara + 7 (846) 212-99-71 right now and sign up for a consultation at a time convenient for you. The Legal Center for Family Affairs of lawyer Anatoly Antonov provides the following legal services regarding the payment of alimony for minor children, as well as other family members:

3 options for finding out alimony arrears via the Internet by last name

Today there is no need to independently calculate alimony debt. You can find out the amount via the Internet. This will take much less time than a visit to a government agency.

All you need is access to the Internet and a computer (phone). You fill in the personal data of the defaulter and that’s it.

You can check your alimony debt for free, knowing the debtor's last name, on the following sites:

1. Bailiffs Service. The resource contains all information about current enforcement proceedings and debtors. You can find out information only by entering the personal data of the applicant (last name).
2. "Government Services". If an individual has a verified personal account, the system itself will determine and display the data. It will take no more than a minute to process the information.
3. VKontakte and Odnoklassniki networks. An application “Data Bank of Enforcement Proceedings” has been created for them; it requires entering the debtor’s full name and date of birth.

Everything about collecting alimony

In accordance with the Law of Ukraine “On Enforcement Proceedings”, the state executor executes the decisions of the courts and other bodies (officials) in accordance with the law, subject to forced execution in the event of failure to comply voluntarily.

Based on the application, the state executor in accordance with Art. 18 of the Law of Ukraine “On Enforcement Proceedings”, he is obliged to open enforcement proceedings, issue a resolution on the opening, copies of which must be sent to the parties to the enforcement proceedings.

If, in the process of enforcement proceedings, the place of residence or location of the debtor, his place of work has changed, or it turns out that the debtor’s property that can be foreclosed on is missing or insufficient, the state executor immediately draws up an act about this and no later than the next day sends the executive document along with a copy of this act to the department of enforcement service at the debtor’s new place of residence, place of work or location of the debtor’s property, which is simultaneously notified to the claimant and the body that issued the executive document.

Read more: New public cadastral map of Rosreestr 2018

Instructions on how to find out your alimony debt on the FSSP website

You can easily check your alimony debt online on the FSSP website. This does not require any special knowledge.

The algorithm of actions is as follows:

1. Loading the main page of the site.
2. Click the “Services” tab.
3. We go to the section “Data Bank of Enforcement Proceedings”.
4. In the drop-down window, select “Search for individuals.”
5. Next, we manually enter some data: the location of the subject (the region in which the SSP branch is located). You also need to indicate the debtor's full name and date of birth. This information will help avoid confusion if there are namesakes in the system.
6. Click the “Find” button and enter the code. This was done to protect against bots.

If the person you are looking for is not a debtor, then the search result will be as follows: “Nothing was found for your request.” Otherwise, information from the database of enforcement proceedings will appear on the screen.

The system collects not only current data, but also information on debts that are currently discharged. In addition, it will be possible to pay the debt immediately.

The extract from the data bank includes:

• personal information of the debtor;
• information about the production: its number, registration date and details;
• amount of debt;
• details of the BSC and full name of the responsible employee.

On the bailiffs page you can not only get information about the amount of alimony debt, but also pay it.

Payment procedure

It is in the interests of the debtor to begin paying the resulting alimony arrears immediately in order to avoid loss of property and finances. After a double warning, the culprit may be brought to criminal or administrative liability.

According to the law, the amount of recovery for alimony obligations cannot exceed 70% of the payer’s earnings. And in some cases, installments are allowed: the debt is paid in monthly installments along with the rest of the alimony amount.

Thus, the state is tough on those who do not want to fulfill their obligations towards the child. A delay in payments by even one day entails debt and penalties.

Clarifying the amount of alimony debt through Gosuslugi

You can also view alimony debts on the State Services portal. To do this you will have to register on the site. This is not so easy to do. It is necessary to create a personal account for an individual and confirm your identity via email or in the MFC.

All functions of the portal will become available only after completing the registration procedure.

Let's consider an algorithm of actions that allows us to clarify the presence and amount of alimony debt.

1. Click the “Services” tab.
2. Next – “Authorities”. In the drop-down window, select FSSP.
3. Of all the options offered by the system, we need one - “For citizens”.
4. Next, you need to enter the debtor’s full name and date of birth and wait for the search result. They will receive information about existing enforcement proceedings. The portal also provides its users with the opportunity to pay debt online.

Gray salary

The gray salary payment method is practiced by many companies. This is how firms try to reduce taxes and fees and save a certain amount.

This fact causes many problems when assigning alimony payments. Company accountants are well aware of the nuances; they do not use methods of completely outright deception. The Tax Inspectorate will not believe that citizen N, working as a cook, receives 5 thousand rubles a month.

Therefore, the understatement of wages occurs within reasonable limits, taking into account the average parameters of the labor market. This scheme looks quite plausible.

What to do in such a situation? You may know that your ex-spouse makes more. But only authorities work with official documents in which the salary is clearly stated.

You can try contacting State Statistics or the Tax Service. But if the company took into account the subtleties and carefully approached the paperwork, then proving the fact of understatement is problematic. Each situation requires individual consideration; we recommend that you contact our lawyer.

In the absence of income

How to collect child support from a non-working father? Lack of a source of income does not exempt you from payments. Therefore, you can contact the FSSP.

The bailiffs will already be looking for property and accounts. It is often possible to recover through the withdrawal of funds or the sale of material assets.

How to collect alimony if the place of work is unknown? In this case, it is enough to indicate that the ex-spouse is hiding it. Now government services will be looking for sources of income.

Fixed

We are often asked: is it possible to collect alimony in a fixed amount? The following grounds are required for this:

• The amount of payments is too small or large and violates the interests of one of the parties.
• The payer is engaged in business activities.
• Receives variable income, remuneration under contracts.
• Salaries are received in the currency of another state.
• There is no official place of work.

A corresponding claim must be filed. Each case is considered individually, and predicting a solution is not so easy. We recommend enlisting the support of a specialist from our company.

While in prison

How to collect alimony from a convicted person? Serving a sentence does not exempt you from payments. The source for recovery is income from work performed in the colony.

Read more: How to get a Sberbank card for another person

But usually the amount of earnings is extremely small. Are 500-1000 rubles worth the time spent on all stages? Now it's up to you to decide.

No location information

How to collect alimony if your place of residence is unknown? The situation is quite common, let's look at the algorithm of actions:

• You need to file a claim.
• File it in your district court.
• The judge makes a decision to search for the defendant.
• The FSSP is searching.
• Once the location is determined, the defendant receives an invitation to appear in court to hear the case.

How long does the search take? It all depends on the situation. If there is official registration or place of work, then finding the defendant is not so difficult. But what to do when a person has left for another city, but is registered at his old place of residence? At the same time, he works unofficially?

Then the search could take years. We can only hope that the ex-husband will be registered somewhere in the official databases and that he will be found.

The greatest problems with search and collection arise when traveling outside the Russian Federation. Russia does not have agreements with a number of states that would regulate these issues. Therefore, when living in such countries, the ex-spouse may feel relatively safe, especially if he has no property left in the Russian Federation.

For students

Popular question: how to collect child support for an adult student? It is a common misconception that once you enroll in educational institutions, payments must continue.

Actually this is not true. Under current law, payments stop when you reach the age of 18. Exceptions:

• The student is officially recognized as incapable of work, for example, is disabled.
• An agreement was concluded by agreement of the parties on the continuation of payments for the period of study.

Is it possible to recover child support from an incapacitated parent? In this case, the payment is made by the guardian from the pension assigned by the state. As you understand, the size will be very small.

No divorce

Is it possible to collect alimony while married? Sometimes the spouse tries to underestimate the amount of funds for child support. This happens due to simple greed.

Then you can go to court with a request to assign official alimony. The presence of a registered marriage does not affect the process; the case is considered according to the usual procedure.

Features of assigning and receiving payments

How to collect alimony for the last three years? The law establishes this particular period as an exception if you really persistently tried to get payments.

This fact will have to be proven in court. But this is not so easy to do; serious and irrefutable evidence is needed. Therefore, it is often impossible to achieve a positive decision in such cases; judicial practice is extremely ambiguous.

For what period can alimony be collected? The maximum stated above is three years. But it is not a fact that you will get a positive decision. Therefore, it is better to immediately go to court at the first refusal to provide financial support, without relying on the conscience of the spouse.

Is it possible to recover alimony for the previous period? Officially there is no such possibility. The appointment occurs from the moment the claim is filed in court. In the future, this date acts as a starting point.

If your case falls under the described exception, you really tried to get support on your own and you have serious evidence, then there is a chance. But when the mother has not made demands on her ex-husband for a long time, the probability of victory tends to zero.

Is it possible without contacting the authorities?

It is quite possible to collect alimony without going to court. To do this, the consent of the parties is required to sign a formal agreement. Then the payment is made on it.

But in case of refusal to fulfill obligations under the agreement, you will still have to go to court. Therefore, the assistance of the authority will in any case be required when resolving such disputes.

Read more: Resignation letter by mail date of dismissal

Specialist support

Our staff is ready to help. They will carefully study your situation, provide advice, and take charge of the case. Why you should hire a lawyer:

A specialist will provide competent support.

It works at all stages.

The chances of a positive decision even in complex cases increase.

A lawyer is able to monitor the work of bailiffs in collecting the resulting debt and appeal against their inaction.

Searching for alimony debt through the MFC

Above we wrote how to find out alimony debts on the Internet. This can also be done offline in several ways. Today there are practically no cities in Russia in which MFCs are not open. Their function is to provide individuals with state and municipal services in a single window mode. Recently, the centers have been renamed “My Documents”.

In an organization, you can only find out about the presence of alimony debt, and even then only if the MFC has established electronic document flow with the bailiff service. This service is not available in all branches. If an individual needs to receive a specific debt calculation, he will have to contact the FSSP employees.

You can obtain information on alimony debt by performing a number of simple steps:

1. Prepare an identity document (passport).
2. Go to the nearest multifunctional center.
3. Inform the MFC employee about your desire to find out the amount of the debt. It will help you formulate a request.
4. Get an answer.

How to file a claim correctly?

The statement of claim is submitted in two copies. The second is for the defendant, in this case the ex-spouse. In addition to the application, copies of documents will be required:

• own passport;
• children's birth certificates;
• document confirming cohabitation with children;
• certificate of marriage or divorce (you can apply for alimony while married).

It is advisable to have copies certified by a notary in advance. This will help avoid having your application returned. There is no state fee for considering a claim for alimony, so no receipts are required.

There are several important points in how to apply for child support if you don’t know where the child’s father works:

1. The statement states that it is unknown where the ex-husband currently lives; there is no way to find out about this.
2. It is advisable to include in the claim a request to find the defaulting spouse. You must refer to Art. 120 Civil Procedure Code. The search will require data such as full name, date and place of birth, last reliable place of residence, and other information.
3. In the final part of the claim, indicate a request to send the decision and a writ of execution on it to the bailiffs. This can be done at any time during the trial, even after the decision is made, but in a separate document.

Consideration of a claim for alimony takes place in the presence of the parties. Therefore, the child’s father must be found and notified about the time of consideration of the issue of alimony. If you indicate in the lawsuit that the husband’s place of residence is unknown and state a request for a search, then it will be dealt with not by the ex-wife, but by the court.

There is a possibility that the meeting will be postponed while the search is underway. The period for considering the issue of alimony may increase.

Instructions on how to find out alimony debts from bailiffs

The person responsible for carrying out settlement transactions to determine the amount of alimony debt is the bailiff. His responsibilities include the formation of resolutions at least once a quarter. The document contains information about the amount of the debt, the time during which no payments were made, and the conditions that influenced the amount of the debt. According to the second paragraph of Article 102 of the Federal Law “On Enforcement Proceedings,” a new document is drawn up every three months.

It is handed over to the debtor by mail at the place of permanent residence. If the document has not reached the payer, he can contact the FSSP employees and familiarize himself with the resolution. To do this, he needs to find out in advance about the organization’s operating hours and come at the specified time.

The algorithm of actions will be as follows:

1. Go to the official website of the SSP. In the “Department Definition” tab, find the address of the desired department and reception hours. To do this, just fill out the columns about the name of the locality and street of residence.
2. Call the bailiff and make an appointment with him. There is another option. Go to the State Services portal, log in and make an appointment online. The “Personal Appointment” tab is intended for this purpose. All this will take no more than two minutes.
3. Visit the FSSP and receive a document , having previously provided a passport confirming your identity.

Where to go?

The law provides for the opportunity to agree on the amount and procedure for paying alimony voluntarily. For this purpose, a written agreement is concluded and notarized. If the ex-spouse does not want to comply with the approved terms of the document, or the agreement has not been drawn up, then the issue of receiving alimony is resolved through the court.

There are two ways to do this:

• obtain a court order by writing an application for a court order to collect alimony;
• file a claim.

In the first case, the mother’s application and all accompanying documents are considered within a short period of time, only 5 days. Then the applicant, in our case the mother of the child, is given a special document - a court order. The second copy of the document is sent to the husband, more precisely to his last known address. The father has 10 days to object in writing. Then, with the received order, you must go to the bailiffs, who will demand payment of the indicated amount. However, if the exact address and place of employment of the ex-husband is unknown, then it is much more effective to use the second method - to write a statement of claim for the recovery of child support.

Stages of clarifying alimony debt in the VKontakte application

You can find out how much money is listed as alimony debt using social networks, such as VKontakte. To do this you need to follow simple instructions:

1. A special application has been developed for users of the mobile version. It is called “Data Bank of Enforcement Proceedings”. Its functions are similar to those of the service located on the bailiffs website. Let's go into it.
2. We enter the necessary information. This is the debtor’s full name, date of birth, place of registration.
3. Let's look at the amount of debt. If you subscribe to updates, the payer will have access to data on changes in the amount of debt. He will also be able to track the receipt of payments.

News of the department's structural divisions.

Alimony payments are of great social importance; the satisfaction of the child’s vital needs directly depends on them. Therefore, collection of payments in this category is a priority activity of bailiffs.

The head of the department and bailiffs of the Zavetinsky District Department of Bailiffs of the Office of the FSSP of Russia in the Rostov Region are receiving citizens on issues related to alimony obligations.

Collecting alimony is a rather complex and time-consuming process. which includes several stages at once.

In our article we will look at a situation where it is necessary to collect alimony from a former spouse for the maintenance of two or more minor children. It should be immediately noted that in this case it is possible to act in two ways - the collection of alimony within the framework of claim proceedings and the collection of alimony within the framework of writ proceedings.

We invite you to familiarize yourself with: Rights and restrictions on the disposal of shared property

How to find out alimony debt in the Odnoklassniki application

Another popular network is Odnoklassniki. In it you can also easily find out your alimony debt. The algorithm of actions will be the same as for VKontakte.

You just need to follow these steps:

1. Open the “Data Bank of Enforcement Proceedings” application.
2. We enter information about the debtor's full name, date of birth and place of registration.
3. Click the “Submit” button and get the result.

The data presented in the application based on the search results is current, so you can safely pay the amount that is reflected in the application.

Search for alimony debt in the “State Debts” application

The “State Debts” service was created specifically so that an individual can quickly find out accurate information about his debt. We are talking about various types of debt obligations, including alimony.

The steps you need to take to get the information you need are listed below:

1. Install this application on your mobile device. The Google Play service is intended for gadgets on Android, and the App Store for iPhones.
2. Fill in the payer information. Wait for the result.
3. “Government debts” are intended not only to search for information, but also to ensure that the debtor has the opportunity to quickly pay off the existing debt. However, the system will not receive information about the payment very quickly. Sometimes this takes up to 10 working days.

If he is officially unemployed

A person officially recognized as unemployed must be registered with the Employment Center, otherwise such legal status is not given. Officially, an unemployed person has the right to receive unemployment benefits, which in turn is income and from which child support can be withheld. You should be aware that the benefit amount is not the same for everyone. Its value depends on:

• the salary that the citizen received at his last place of work;
• the amount of average wages established for persons who work in the corresponding region.

The small amount of the benefit is the main problem in such a situation, so it is advisable to collect alimony from the payer not as a share, but in a fixed sum of money.

It is important to know that if a person is not registered with the employment center, then alimony is collected in accordance with the general procedure.

The most common phenomenon is part-time employment, that is, the person obligated to pay alimony works inconsistently and has unstable earnings. In such cases, it is possible to achieve payments in a fixed amount if you constantly monitor for:

1. Cash receipts of the debtor. It is better to implement such surveillance through bailiffs. They have the right to request the necessary information from fiscal and other state and regional authorities.
2. Payer's expenses. To do this, you can use the testimony of witnesses who have information about the debtor’s lifestyle. In the subsequent consideration of the case by the court, evidence includes testimony. However, you should know that the witness must be an independent person.

Frequently asked questions about paying child support debts

• Can the debtor's property be used to pay off alimony debt?

This is possible, but only if payments are made by agreement of the parties. For example, if the father transfers a residential house in favor of a minor child, and the mother agrees to write off the entire amount of the debt.

Forced collection suggests another scenario.

• First, the payer's property is described, then it is seized.
• A third party organization is hired to evaluate the property.
• An auction is initiated.
• The property is sold, and the funds received from its sale are used to pay off the debt.
• If there is a balance of funds, it is returned to the former debtor.

This plan takes a very long time to complete. Do not forget that the sale of any property through auction significantly reduces its value. This means that such a scenario is extremely unfavorable for the payer.

That is why it is advisable for the debtor to independently engage in the sale of the property that the bailiffs have the right to seize. He can use the proceeds from the sale to pay off the debt, and dispose of the rest at his own discretion.

• How is the withholding amount calculated based on income?

If the payer has a permanent job, a certain amount will be withheld from his salary every month. With this approach, several months are often enough to completely close the debt.

All earnings will never be taken away. As a rule, 50% of the official salary is allocated to pay off alimony debt. This process is repeated until the debt is repaid in full.

In some cases, 70% of earnings may be withheld. But only when the court decision to collect alimony is implemented during execution.

Algorithm for writing off funds:

• transfer of alimony payments;
• transfer of debt obligations.

Let's look at an example. Let’s say Petrenko V. earns 70,000 rubles monthly. He must transfer 20,000 rubles per month (alimony). Over the course of several months, he accumulated a debt amounting to 150,000 rubles.

The maximum amount of deduction should not exceed 70% of the salary, that is, it is allowed to withdraw 49,000 rubles. Hence:

• 20,000 rubles will be a monthly payment;
• 29,000 rubles will be withheld to pay off the debt.

30% of the income remains with the debtor.

• Is it possible to reduce debt without making monthly alimony payments?

This is permitted by law. The formation of a debt does not entail an exemption from making regular alimony payments.

All the payer can count on is a reduction in the amount of debt or exemption from payment. However, there must be compelling arguments for this. In legal practice, there are very few cases when the court made a decision to reduce the amount of debt. This was done only if:

• The payer, for reasons beyond his control, lost the ability to perform labor functions or lost a source of income.
• The debtor was assigned a non-working disability group.
• The person found himself in very difficult family circumstances, as a result of which he could not make payments.

The approach to such matters is always very individual. All causes of debt formation are studied most carefully.

It should be noted that the debtor’s lack of official employment is not a compelling argument for exempting him from the need to repay the debt.

You can optimize the payment procedure by depositing a large amount in advance, which will be used to pay off the debt. This must be done after the monthly payment has been made.

How to calculate debt if alimony is set at a fixed amount

If alimony is set in a fixed amount, these figures are summed up depending on the number of months of debt. Then an adjustment factor is applied - the amount is indexed. The basis for the calculation is the cost of living for a child (disabled, pensioner) in the region of residence at the time the debt appears and at the time of its collection (Article 117 of the RF IC).

Example. A male alimony payer lives in the Kursk region. Since December 2020, he stopped paying his ex-wife a fixed payment of 6,000 rubles. How much debt was incurred during 8 months? In August 2020, the minimum level of support per child is 8,993 rubles. At the end of 2016 - 8,146 rubles. The coefficient will be: 8,993 / 8,146 = 1.104. The inflation index is applied to the entire amount of debt: 1,104 * 48,000 = 52,992 rubles. The citizen will have to pay this amount for December 2020 – July 2020.

Deadlines for repaying alimony debts

Situations often arise when a debtor needs a lot of time to pay off an existing debt. Sometimes this takes several years. If the recipient of alimony payments is a minor child, then during this time he has time to grow up.

What happens to the debt in this case? It is determined at the legislative level that when a child reaches 18 years of age, the child support debt is not written off. In other words, the obligation to pay the entire amount accumulated by this time remains with the debtor. This is true both with a forced method of collection and when an agreement is signed between the parties.

How long does it take to collect alimony?

Maintenance must be provided to children from the day they are born. But if one of the parents does not provide financial assistance or is not sure that the money will be spent on the child, then the parents can enter into an agreement on payment. In which to provide the amount and method of payments. The date of signing the agreement will be the official start of the payment period. If there is no agreement and the dispute is resolved by the court, then, in accordance with procedural law, the court awards alimony payment from the moment the application is filed. For the past time, it is possible to collect alimony from the debtor only if there was no agreement, and the person obliged to pay the funds avoided fulfilling the debt in every possible way. Evidence of evasion can include:

1. Audio and video recordings of negotiations.
2. Testimony of persons present at such negotiations.
3. Correspondence with the debtor, drawn up in accordance with the law. That is, letters must be sent with acknowledgment of delivery.

Collection of alimony debt through the court

According to the norms of current legislation, the recipient may demand that the debtor pay him interest. The alimony debt will be increased due to accrued penalties. To do this, the recipient must bring the payer to civil liability. The amount of the penalty, as a rule, is 0.1% of the amount of debt. This amount is charged for each day of delay. Thus, the amount of the penalty directly depends on the size of the debt.

Collection of penalties can only occur after the court makes an appropriate decision. In this case, only the recipient of alimony payments has the right to appeal to the judicial authorities. This requires the preparation of certain documents, including a resolution on the calculation of debt. You can request it from the bailiff.

The court will consider all the evidence, and if the debtor is found guilty of creating a debt, he will be held accountable and ordered to pay a fine. Otherwise (in the absence of culpable actions on the part of the payer), the claim will not be satisfied.

Very often, payers accumulate large debts. Their size often exceeds 1 million rubles.

The officials who control the process of collecting alimony debt are bailiffs. Debts (alimony) are one of the most common requests to the SSP from citizens. At the same time, an ordinary employee of the bailiff service handles several cases.

It is logical that he cannot always react in a timely manner to changes in the situation in a particular production. In this case, it is advisable for the recipient to take the initiative and submit applications to the SSP. This is quite realistic, since it is the recipient who is most interested in the speedy completion of the case, and by law he has the right to take direct part in the debt collection process.

Petitions may concern issues of bringing the debtor to justice or making a decision to prohibit the payer from leaving the country.

If the actions of the bailiffs are ineffective, the recipient has the right to go to court with a claim to collect alimony debt and penalties.

There is a sample application for download.

How to collect alimony debt if a FSSP employee does not fulfill his duties properly? First of all, you need to file a complaint addressed to the senior bailiff. You can also contact the judicial authorities or the prosecutor's office.

In any case, the debtor must pay alimony. The debt will have to be repaid even after the child reaches adulthood. The recipient has the right to claim the alimony debt even if the payer dies. His heirs will make payments.

How are deadlines determined?

Do not confuse the collection of alimony debts with the receipt of funds for past periods. The debt is formed immediately after a contractual agreement on the voluntary payment of money has been concluded between the child’s parents or a court order has been issued. It turns out that previously no alimony payments were made on such grounds, and the person entitled to them did not previously apply to the executive authorities.

Debt can arise for a variety of reasons and due to certain circumstances. The most common situation is when a citizen who is obligated to pay money deliberately tries to avoid paying the debt. For example, it hides the presence of official employment or various types of income. Sometimes the cause is a serious illness in a citizen, as a result of which he is unable to carry out work activities, and therefore, make regular payments.

If the amount of debt was formed for reasons for which the citizen is not to blame, then he is given three years to reimburse the overdue funds. If a person’s guilt is proven, debts are collected for the entire period when alimony was not transferred to the collector.