Where to go if your ex-husband does not pay child support?

Reasons and legislation

In what cases is it not considered an offense if child support is not paid by the father? The legal actual father does not pay child support if:

1. If the fact of paternity has not been established in relation to him, he is not included in the child’s records, the marriage is not registered. Or included in the documents according to the mother’s words.
2. When systematically transferring money for raising a child - personally into the hands of the mother, without going to court.
3. When drawing up an agreement on the transfer of property to pay alimony.
4. If the child lives with his father and not with his mother.

Alimony is not paid illegally:

1. When the ex-husband is included in the child’s birth certificate as the father on the basis of marriage registration or on his own initiative.
2. If the fact of paternity is established by the court on the basis of a genetic examination or according to the testimony of witnesses.
3. After the court makes a decision to assign alimony or - when drawing up a notarial agreement of the parties.
4. When paying an incomplete amount, concealing part of the income from alimony withholding.

IMPORTANT! The high income of the parent with whom the child lives is not a reason for exemption from child support.

Reasons or motives for non-payment may be the following:

• irresponsibility;
• difficult life circumstances of the defaulter;
• revenge on ex-wife;
• the mother's high income and the hope that she will exempt the father from payments.

Regardless of the motives, the ex-wife has the right to recover the amount of money due to her by law. It can rely on the following sources of legislation:

• Articles 80, 106-120 of the Family Code of the Russian Federation;
• Article 5.37.1 of the Code of Administrative Offenses;
• Articles 28, , 131, 132 of the Civil Code;
• Article 167 of the Criminal Code of the Russian Federation.

On their basis, alimony is collected and administrative or criminal liability is imposed for non-payment. We talked in more detail about the liability provided for evading alimony in this material, and in what cases the debtor will have to answer under the Criminal Code, you will find out here.

Should a mother pay child support if the child lives with the father?

• Collect alimony from I.A. Solomina. in favor of the minor son of Solomin Artem Igorevich, born 04/28/2010. in the amount of 1/4 share of the defendant’s income.

I am attaching to the statement of claim:

1. Copy of the passport.
2. A copy of the child's birth certificate.
3. A copy of the decision of the commission on juvenile affairs.
4. Certificate from the child’s place of study.
5. Certificate from the football section for a minor.
6. Characteristics of the child from the class teacher, reflecting the role of the father in upbringing.
7. Characteristics from the place of residence of I.A. Solomina.

"" 2020 /Solomin I.N./ Collection procedure Alimony is collected by the court.

How to prove the fact of non-payment by the father?

Any payment is made:

1. through the banking system;
2. accounting statements;
3. other types of registration of transactions with money.

The alimony payer is subject to a presumption of guilt . If payments have stopped, the child’s mother has the right to immediately respond by confirming the lack of payment with a statement.

A bona fide payer can refute any false evidence on her part by filing a counterclaim and presenting evidence that payments of funds for child support were made regularly.

Sometimes such situations are provable. For example, if an unscrupulous parent quit his job and did not register with the Employment Center, you can provide:

• a copy of the dismissal order;
• a certificate from the central registration center confirming non-registration.

You will find more information on how you can collect payments from such an unemployed debtor in a separate article.

IMPORTANT! In order to avoid legal consequences, the payer is obliged to notify about his movements in the service. And when transferring money for alimony in person, receive a receipt.

How can you force it?

The fact of non-payment is considered on the basis of a statement from the plaintiff, who declares this in court. That is, he files a statement of claim or applies to the Bailiff Service if a corresponding court decision has already been made.

We told you more about what to do if your ex-husband stopped paying and how to force him to make payments here.

Where to contact?

To go to court, it is enough that the ex-spouse is included in the child’s birth certificate. In this case, the collection procedure is significantly simplified:

1. The mother approaches the magistrate and writes an application for alimony.
2. The application is considered in the order of writ proceedings for no more than 10 days.
3. Upon review, an Order on the assignment of maintenance is prepared, and an extract from the order is sent to the father’s place of work.

If the relationship is not officially formalized, and the father is included in the child’s certificate according to the mother’s words or there is a dash in this column, then preliminary establishment of paternity will be required. It happens the same way - in court, but for this purpose a district court hearing is scheduled.

If paternity is confirmed, the mother receives an extract from the court decision, on the basis of which payment of maintenance is collected. A fee of 300 rubles is paid to the court.

The application must be accompanied by documents that can confirm the fact of paternity, for example:

1. Marriage certificate;
2. child's birth certificate;
3. eyewitness evidence that the persons lived together;
4. act of genetic examination;
5. a previously drawn up notarial agreement.

The wife will have to face the unscrupulous father in a debate . Therefore, you definitely need to tune in to a business conversation in which there is no personal hostility. Insults and analysis of relationships that are not relevant should not be allowed. If the spouse does not appear at the court hearing, it will be postponed.

You should not be upset, since at the next meeting a decision may be made in his absence. By decision of the court, the father of the child will be recognized as the payer of alimony.

REFERENCE! At the discretion of the plaintiff, it is permissible to file a divorce and alimony in one lawsuit.

If the decision made does not affect the receipt of maintenance, the spouse will need to go to the Bailiff Service, where she will be issued a writ of execution and begin to forcibly collect the debt. In this case, she can only control the receipt of payments.

If the ex-spouse maliciously evades alimony, he is charged with criminal prosecution. This measure can be applied:

1. according to the plaintiff's application filed in the district court;
2. based on materials from the bailiff.

The decision is applied based on a number of factors that contributed to the accumulation of debt . In this case, the plaintiff must provide:

• writ of execution on assignment of payments;
• bailiff's reporting documents;
• certificates of no receipt of money from the last place of work;
• certificates stating that the spouse does not work;
• confirmation that the defaulter is hiding at an unknown address.

In other cases, the initiative may be taken by an authorized FSSP employee, who prepares documentation for the prosecutor’s office regarding the imposition of administrative liability. In this case, the child’s mother will have to come to the authorized body at the appointed time and submit her explanations regarding the circumstances of the case.

Initial appeal to court

If the mother has not previously applied for judicial protection to withhold alimony payments from the children’s father, then in the claim it is enough to write: “the child’s father does not provide any financial support to the minor, which is why the mother cannot provide him with an adequate standard of living.”

There is no need to confirm the absence of money transfers from the father. If the man fails to prove that money for the children was transferred to the mother, then the claims will be satisfied.

To prove the fact of participation in the life of minors, the father may present the following evidence to the court:

• bank statements about transfers (withdrawals) of money;
• cash receipts confirming the purchase of clothing, medicines, toys for the child;
• testimony of relatives and friends;
• receipts for payment of tutors, sections, clubs and other things.

But courts accept such evidence as additional expenses for children. The fact of payment of alimony payments can only be confirmed by receipts for receiving money, receipts from a bank or mail. The documents must indicate the purpose of the transfer, the name of the recipient and the payment period: “alimony for November 2020 for Anna Kiseleva.”

To assign child support, the mother only needs to confirm the fact of cohabitation with the child with the following documents:

• certificate of family composition according to form No. 9;
• a certificate from a school or kindergarten confirming that the child is studying in the area where the mother lives;
• to confirm good living conditions, the mother can provide the court with an inspection report of the apartment by the guardianship authorities;
• testimony of witnesses.

Subtleties of collection

The situation with the defaulter is differentiated according to a number of characteristics:

1. the presence of malicious motives or complex surrounding circumstances;
2. direct or indirect guilt of the ex-wife;
3. terms of alimony arrears.

The ex does not pay money and does not communicate with his son or daughter

Sometimes the child’s mother and other relatives provoke cases of refusal to support children, groundlessly preventing the father from communicating with the child.

Such actions are unlawful, since the parent is obliged to support the child and has the right to communicate and educate him. An exception is restriction of parental rights or their deprivation.

Refusal to pay child support may result in deprivation of parental rights , but this circumstance does not cancel the obligation to pay child support. In this case, you should follow the general algorithm for bringing underage children into responsible custody.

What to do if you don’t receive it for 3-4 months

At this stage, the alimony recipient falls into the status of non-payers. But the bailiff is still required to work with the person, explaining the need to pay the required amount of money.

During this period, he must be officially notified of the consequences of non-payment.

Allowed:

1. Transfer of information to the traffic police to prohibit the use of a vehicle (read whether the debtor can be deprived of his driver’s license here).
2. Refusal to service a debtor on the State Services website.

More than 6 months

This period is sufficient to apply for recognition of the debtor as a willful defaulter, if he:

• fundamentally does not pay;
• not officially employed;
• does not live at the place of registration (we tell you who and how in this case will search for the debtor here);
• hides the income received.

The question of recognizing a criminal or administrative penalty against him is decided by the court or the prosecutor's office. If there are mitigating circumstances and a desire to rectify the situation, criminal prosecution may not occur. If a citizen hides from responsibility, he is put on the wanted list with a status called “willful defaulter.”

A year or more

In this case, the citizen must be notified three times of the occurrence of criminal liability . Debt obligations accumulate, and by court decision, a vehicle, real estate and other property may be used to pay off the debt.

If he is hiding from justice, search activities against him do not stop and can lead to imprisonment.

Who should help?

Despite the State Duma's proposal to adopt a legislative act on the assignment of benefits to mothers who do not receive alimony, it has not entered into force. Accordingly, the only responsible person for paying off child support obligations remains the child’s father.

When the debtor is found, he reimburses the arrears of payments, additionally compensating the costs incurred by the state to accrue benefits.

REFERENCE! The assignment of the right of claim also applies to alimony debtors. By agreement with the child’s mother, any citizen can redeem the father’s debts by paying her a proportionate amount and removing criminal prosecution from the defaulter.

Deprivation of parental rights

Article 69 of the RF IC allows you to deprive the rights of a parent of a persistent alimony defaulter. This procedure is carried out in court, so the child’s mother will need to send a corresponding claim to the district court.

If the claims are satisfied, the father’s obligations to provide financial support for the children are not relieved. Withholding of child support payments will continue until the children reach adulthood.

What will happen to the debtor?

At each stage, a person who fails to pay his or her child support obligations increases his or her liability. Step by step, without canceling their debts, defaulters can receive as an administrative penalty:

• compulsory work up to 150 hours;
• administrative arrest from 10 to 15 days;
• administrative penalty.

If the case comes to criminal consideration of the precedent, then the following may be charged:

• community service for a period of 120-180 hours;
• correctional labor for up to 1 year;
• arrest for 3 months.

His property, including residential premises, may be seized and forced to be put up for auction. From the funds received, payments will be made for the maintenance of the child and other expenses that entailed search activities.

Concealing payment of alimony is an illegal act that may result in civil, administrative or criminal liability. No one other than the parent can pay off his debts without voluntary consent . The defaulter may face punishment - up to a term of imprisonment and deprivation of parental rights. However, these sanctions do not cancel alimony payments.

If there is a court decision

If alimony maintenance was previously determined in court, then bailiffs will monitor the process of execution of the decision. In the absence of payments, a debt will arise, and bailiffs will begin to take the necessary actions to collect it.

To retain the debt, the bailiff may hold the debtor to property liability:

• the bailiff may seize the bank accounts and property of a negligent father;
• a defaulter’s driver’s license may be invalidated;
• the man will not be able to travel abroad;
• malicious defaulters hiding from FSSP employees are brought to criminal liability.

Criminal legislation provides for the following types of liability for persistent defaulters:

1. arrest for up to 3 months;
2. imprisonment for a period of up to 12 months;
3. correctional work.

For each day of delay, the mother of the children may demand payment of a penalty in the amount of 0.1%. This requirement should be indicated in the claim for collection of alimony debt.