What to do if the organization does not pay child support?

Parents are required to support their minor children. This norm is enshrined in current legislation and, in case of non-compliance, individuals are held liable. Money is paid on the basis of a certain executive document: a court order, a writ of execution or an alimony agreement. As a rule, payments are made monthly.

However, sometimes situations arise when a company makes transfers untimely or even delays payments. And here the question arises of what to do in such a situation, because in the end, first of all, the interests of a minor child are affected. In this article we will dwell in detail on what needs to be done if there is a delay in alimony payments by an enterprise.

The deadline for transferring alimony by the enterprise

The process of withholding alimony money is strictly regulated by current legislation.

Important! The procedure for transferring children's money must be carried out no later than three days from the date of calculation of the salary to the payer.

The recipient of the money should know: if the payer is given a salary twice a month, and, according to IL , alimony should be paid once a month, then the accounting department should transfer money once a month.
Then, non-payment of children's money from the advance part of the salary is not considered a delay and does not entail liability.

What does an employer face for delaying child support?

Russian legislation regulates serious liability for late payment of child support: from administrative liability to criminal liability. Let us ignore such penalties as: fines, deprivation of a driver’s license, taboo on traveling abroad and arrest. Let us consider only the measures of financial liability that are provided for in Art. No. 115 of the RF IC for a delay in transferring children's money.

For the fact that alimony is overdue, the guilty person:

1. Must pay a penalty of 0.5% per day of delay.
2. Must compensate for all losses resulting from the delay.

To apply these penalties, a court decision is necessary: ​​a lawsuit must be filed.

Note! The above measures of financial punishment can be applied to the alimony payer only if there is evidence of his guilt. But when the delay in alimony payments occurs due to the fault of third parties: for example, officials of the company - the employer, then the alimony payer should not pay the penalty and compensate for losses (see the text of the Resolution of the Plenum of the Supreme Court No. 9, of 1996 ).

Expert opinion

Viktor Evgenievich

Representative of a private law firm, work experience - 7 years

Article No. 109 of the RF IC states that the employer must deduct money from the employee’s salary every month based on his application.

The basis for this is an executive document : either a voluntary alimony agreement of former spouses, or a court order .

The procedure for calculating and transferring alimony must be carried out in accordance with the writ of execution, within a period not exceeding three days from the date the employee receives salary or other payments.

You should know! Article No. 98 of the Federal Law “On Enforcement Proceedings” regulates the requirements in relation to the employer. It says that the official should not violate the timing, amount and procedure for calculating and transferring children's money.

Expert opinion

Sergey Nikolaevich

Judge, judicial experience - 20 years

Following paragraph No. 3, Art. 17.4 of the Administrative Code , the fact of violation of the standards “On Enforcement Proceedings” leads the guilty official (for example, the chief accountant) to the imposition of administrative liability.

Why do you need a writ of execution?

A writ of execution is issued for forced collection of alimony.

Based on the results of the application to the court, the applicant will receive one of the documents:

1. Court order , which is issued within 5 days based on a written application. The order refers to executive documents.
2. The court's decision . The document reflects the judge's verdict following the trial. On its basis, a writ of execution is issued containing the operative part of the decision.

Control over the execution of a court decision or order is entrusted to the Federal Bailiff Service. The organization's structural divisions are dispersed geographically. You should contact the branch located at the place of residence of the claimant. Within 5 days the bailiff begins enforcement proceedings.

The writ of execution is sent to the organization where the alimony provider is employed. The manager submits the document to the accounting department, after which payments begin to be made.

The responsible employee of the enterprise must not only monitor the timeliness and accuracy of deductions, but also carry out indexation of alimony.

If the obligations are assigned to an unemployed citizen or private entrepreneur, the responsibility for maintaining children will not be relieved. The bailiff explains the need to help the family, notify about a change of job, change in financial situation, so that the sudden cessation of payments is not regarded as evasion of obligations.

What to do if your employer goes bankrupt?

Quite often, the reason for the termination of calculations and alimony payments is the financial insolvency of the company in the event of its bankruptcy. An organization declared bankrupt loses all opportunity to transfer money not only to its business partners, but also to employees.

To clarify the situation, you should make sure that the issue of declaring the company bankrupt is actually being considered. To do this, you need to use the case search system on the official website of the arbitration court .

Helpful information! Issues of collecting money in a situation where an organization does not pay alimony according to a writ of execution because it has been declared bankrupt are regulated by Art. No. 134 IC RF . This article explains two options for bankruptcy:

What should you do to receive alimony?

Let's figure out what to do if the company is constantly delaying the payment of alimony? In order to achieve payment, you must take certain steps:

• first of all, it is necessary to understand why the company does not pay child support;

If the person receiving the money enters into a regular dialogue with the accounting department of the organization responsible for transferring alimony, it will not be difficult to find out all the necessary information “first-hand.” For example, employees, as part of a private dialogue, can tell the approximate date of payment or report the impending bankruptcy of the company.

• in the case where the delay in alimony is in no way connected with the financial insolvency of the company, then it is necessary to write a free-form application addressed to the manager about payment of the debt and present it;

This application should be printed in two copies: on one copy, the company office must put a mark on the fact of receipt. If the organization does not respond to the application and does not want to pay the debt, you should proceed to the next steps.

• If the employer of the alimony payer violates the deadlines for transferring money, you must contact the bailiffs ( FSPP ) who carry out the collection.

It is the bailiff who has the right to initiate an administrative investigation, with the application of penalties to an organization that does not pay children's money for its employees.

Is it possible to pay alimony without a writ of execution?

For the payment of alimony, a writ of execution is not a mandatory document. The husband can provide for the child voluntarily, and the wife will not have to apply to the FSSP. In this case, several scenarios are possible:

• with a high degree of trust, spouses agree on alimony orally;
• husband and wife make an agreement;
• Alimony is collected through the court, but the wife does not apply to the FSSP, and the husband makes the transfers independently.

By helping children without involving government representatives in the process, the payer enjoys the following benefits:

• can agree with the spouse on a different frequency of payments, and instead of monthly contributions, pay alimony once every 2 months or quarter;
• warn your spouse about unforeseen circumstances and ask for a deferment.

This is important to know: Storage period of writs of execution

If payments are made according to a writ of execution, the bailiff may impose a fine for failure to fulfill obligations or deprive of property values. By communicating directly with the recipient, you can come to an agreement and make mutual concessions.

Appeal to the bailiff

In order to contact the bailiff, you need to write a statement in free form. Such a statement must contain the following information:

• information about the addressee (you must indicate the FSSP department that carries out the collection);
• information about the applicant and debtor (full name, name of enterprise, address and telephone number);
• information about the problem that has arisen (problem: delay in alimony payments);
• information about the requirement to bring the guilty party to justice.

As an example, here is a sample of such a request:

Going to court

The main advantage of contacting the FSSP (or the prosecutor) is that the recipient of children's money only needs to write one small document: a complaint against the employer company, or a statement . The law does not impose any strict requirements on these two documents.

But, in the case when the recipient of alimony living with the child wants to solve this problem in court, it is best for him to seek help from an experienced lawyer. Here are two main reasons for this:

1. The claim must be drawn up in strict accordance with the rules of procedural law.
2. This statement of claim should be accompanied by a number of documents proving the fact of lack of payment from the employer.

Expert opinion

Sergey Nikolaevich

Judge, judicial experience - 20 years

Important note! If the above requirements are not met, the plaintiff will receive a refusal to consider his claim.

Most often, such claims are considered by a magistrate judge. There is no fee for consideration, since the resolution of the issue is aimed at improving the quality of life of a minor citizen.

Legal assistance

Independently conducting a case of such complexity (especially preparing a claim, collecting evidence, competent participation in court hearings) may not be within your power.
But this does not mean that you have to agree with debts, inaction of government officials and violation of the legal rights of your child. We will help you defend your child’s rights to decent maintenance. Legal advice on your issue is free. Write to the chat or call the hotline. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Author of the article

Irina Garmash

Family law consultant.

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The last resort is to contact the prosecutor's office.

What should you do if the accounting department does not transfer alimony? In this situation, it is necessary to contact the prosecutor's office: it is the prosecutor's office that must monitor the observance of citizens' rights in various spheres of life. Especially when the rights of a minor to a decent life and material security are violated.

After the issue is considered, the prosecutor will prepare a proposal on the need to eliminate the detected violations.

If a company has been evading alimony payments for a long time, then the official will have to go to court and hand over all the necessary papers to the jurisdiction.

Complaint to the prosecutor's office: how to file?

The legislation does not provide a strict framework for drawing up a complaint to the prosecutor's office regarding non-payment of children's money. Therefore, the recipient (mother) has the opportunity to independently draw up this document. The main thing is that the complaint contains the following information:

1. Information about the person receiving alimony.
2. Information about the specific facts of this case (information about IL ; evidence that the employer company refuses to transfer children’s money to the recipient’s child support account).
3. Information that the employer of the alimony payer violated the rights of a minor to receive money from the payer (father).
4. Please consider the current situation and understand it, followed by applying appropriate punishment to the culprit.

Note! It is not at all necessary to add other information to the text of the complaint. But, at the same time, it should be understood: the more specific the complaint is, the easier it will be for the prosecutor to understand the problem and identify the culprit.

How to pay alimony without a writ of execution

It is necessary to consider different situations when payments are made without a writ of execution (WOR): if in fact there is a writ of execution, but it is either not submitted to the FSSP or has been revoked, and the second case is if there is no Writ of Execution at all, and the agreement on alimony was oral.

The document has not been submitted to the FSSP

The claimant, having the writ of execution in hand, has the right to submit it to the FSSP at any time before the child reaches adulthood. In this case, IL gives confidence that alimony will be collected. What makes the alimony recipient not to contact government agencies? As a rule, this situation arises when other mutually beneficial conditions are established, for example:

• when transferring certain property to the applicant in payment of alimony;
• when the spouse promises to transfer more than is established in court, but with the ability to make payments irregularly.

As long as both parties are satisfied with this order of things, the sheet will remain with the plaintiff. When transferring material assets, the alimony provider must take a receipt from the recipient, otherwise the latter may go to court and collect arrears of alimony for a period of up to 3 years.

Document revoked

In this case, the IL is submitted to the FSSP, but due to personal reasons it is taken by the alimony recipient. This situation often occurs when the alimony provider has a significant debt. The amount becomes unbearable for reimbursement due to the imposition of a fine. To revoke the sheet and give the opportunity to pay off debts is the legal right of the recipient.

If the writ of execution is lost

The writ of execution may be lost when moving, changing jobs, and at another enterprise the accounting staff will not know about the need to make penalties. You can take a duplicate of the document from the court where it was previously issued and submit it to the FSSP at your new place of residence. If this is not possible, you should write a statement to the accounting department of the new place of work about the need to make collections.

There is no strict form for such statements. When writing it should indicate:

• In the header of the document: name of the organization, full name of the head, full name and position of the payer.
• The title of the application is “...on the withholding of alimony.”
• The essence of the document where information is provided: where to transfer funds from the salary, in what amount. Be sure to indicate the recipient's bank details.
• Date and signature.

The application must include a note that when transferring funds, the accounting department must indicate the purpose of the payment “payment of alimony _________ (full name of the payer) in favor of __________ (full name of the child) for ________ 20__. (billing period)".

Penalty for non-payment of alimony

Unfortunately, many companies are very tolerant of late payments of alimony money to their employees, believing that delaying payment is not critical. Even in cases where such payment is provided for by IL or by court order . But today, accounting employees who “forget” to transfer children’s money to a minor’s account are increasingly being held accountable.

Expert opinion

Elena Vladimirovna

Bailiff for the Petrogradsky district of St. Petersburg, work experience - 3 years

You should know! Article No. 315 of the Criminal Code of the Russian Federation regulates penalties for non-payment of alimony money from an employee’s earnings.

This article implies liability standards for an authorized person, such as:

• imposition of a fine in the amount of up to 200,000 rubles ;
• the right to arrest such a person for a period of up to two years.

Thus, delay in alimony due to the fault of the employer implies liability, both administrative and criminal. Article No. 115 of the RF IC regulates the following sanctions:

• compensation of a penalty in the amount of 0.5% for each day of delay;
• compensation for damage resulting from violation of the terms of transfer of alimony money.

These measures are applied only if there is an appropriate court verdict, when guilt is fully proven.

In accordance with the text of Art. No. 109 of the RF IC and Art. No. 98 Federal Law “On Enforcement Proceedings” , the employer has only three days to process the calculation and transfer of alimony for his employee. If an organization does not pay child support to its employee, what should you do? According to Article 17.4 of the Administrative Code , for violation of the conditions specified in the IL or the requirements of the bailiff, material sanctions are imposed on the guilty employee in the amount of 15,000 - 20,000 rubles .

In this case, the entire company may be fined in amounts from 50,000 to 100,000 rubles .

Levers of influence on an organization that delays payments

If the actions of the FSSP employee are not effective enough, the recipient of alimony has the right to:

1. Submit a written statement to the prosecutor's office. Prosecutor's office employees, if there are due grounds, will conduct their own investigation and determine the penalty within the framework of the administrative or criminal code of the Russian Federation.
2. File a lawsuit demanding to collect interest for using someone else's money. According to Article 395 of the Code of Civil Procedure of the Russian Federation, the alimony recipient has the right to force the organization to pay interest for the use of unpaid alimony. The amount of the penalty depends on the rate of the Central Bank on the day the claim is filed.

Summary

The obligation to withhold alimony money from the employee’s earnings lies entirely with the enterprise if the employer receives a writ of execution. The procedure for transferring child benefits, and responsibility for evading them, are prescribed by law. The transfer procedure is handled by the accounting department.

Alimony must be paid once a month from all income of the payer: from advance payments, from salary, from bonuses, from sick leave payments, from vacation pay and any other income accrued by the enterprise.

The law strictly regulates the period of alimony payment - three days from the date of receipt of salary. The accountant calculates the entire monthly income of the alimony payer and determines the alimony amount, which is transferred to the recipient’s account within three days. If the company does not do this, then already from the fourth day the “meter starts working” and a penalty is charged.

The legislation provides for a wide range of impacts on an unscrupulous employer who does not transfer alimony money in a timely manner. The culprit can be brought not only to administrative, but also to criminal liability. If an organization goes through bankruptcy proceedings, the chances of receiving alimony become significantly less.