Where to go, how to extract alimony from your ex-husband if the bailiffs are inactive

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In order to begin the process of collecting alimony ordered by the court, you need to submit to the bailiff service:

Executive document (court decision, court order, voluntary alimony agreement of parents)
Application by the claimant to initiate enforcement proceedings;
Details by which sums of money should be transferred.

All these documents must be submitted during a personal visit to the local FSSP office or sent by mail.

Having received the documents, the bailiff begins the procedure for forced collection of payments, which involves the following actions:

withholding the amounts of money specified in the writ of execution from the debtor’s earnings forcibly;

If the husband (the alimony payer) does not work:

searching for additional sources of income for the alimony payer (for example, interest payments on deposits);
search and assessment of the value of property owned by the alimony payer, sale of the debtor’s property and payment of debt from the proceeds;
seizure of funds in the bank accounts of the alimony payer, writing off amounts of money as alimony;
accrual of penalties;
bringing the alimony payer to administrative liability.

Types of alimony debt

Since the interests of the parties to alimony legal relations (the payer of alimony and the claimant) must be equally respected by law, the state is obliged to take into account the balance of interests of the parties. Therefore, the most important factor in debt collection will be to identify the cause of its occurrence:

- i.e., providing for the guilt of the person liable to pay;
- i.e. formed in the absence of the debtor’s guilt.

In order for the bailiff to know what measures of liability for the presence of alimony debt can legally be applied to the defaulter, he needs to establish the reason for the defendant’s failure to fulfill his obligations:

if the mortgage arises in the absence of the payer’s fault, he can reduce its amount in court, and in exceptional cases, be exempt from paying it altogether;
if the guilt of the defaulter is established, then the measures taken against the “evader” can reach administrative, and in the worst case, criminal punishment.

Intentional debt for alimony

The deliberate (deliberate) nature of the debt is indicated by the following factors:

lack of monthly payments in favor of the claimant;
evasion of the debtor from contacts with the recipient and the bailiff: failure to appear when summoned to an appointment, ignoring telephone calls, failure to receive summons;
concealment of income and place of work;
change of place of residence or place of employment without notifying the bailiff or recipient;
underestimation of real income;
lack of employment;
lack of registration with the Employment Center for the purpose of finding a job, etc.

All of the above signs directly indicate the defendant’s evasion of alimony payments through his fault, and, therefore, provide for a wide range of influence of the bailiff on the debtor for the implementation of the writ of execution.

Formation of debt through no fault of the debtor

Unintentional debt is a debt for alimony payments that has arisen in the absence of the fault of the person obligated for alimony. Signs of unintentional debt (good reasons, so to speak) may be the following:

Serious illness:
his close relatives - spouse, children, parents, even dependents.
Finding yourself in a difficult life situation - fire, flood, etc.
Force majeure circumstances: the debtor is in a military conflict zone, natural disaster, etc.
The fault of third parties is the mistake of bank employees when transferring funds or accounting employees at the payer’s place of employment, and others.

According to Art. 114 of the RF IC, a person whose alimony debt has arisen through no fault of his own has the right to reduce the amount of the debt in court or be completely exempt from paying it.

It is important to prove to the court that there is a good reason

How to speed up payment of alimony?

When the main steps to resolve the issue have already been completed, you can resort to additional ones. Using any legal and peaceful means to achieve results is better than doing nothing.

Letter of warning

In accordance with Article 115 of the RF IC, a parent who remains with a child after a divorce has the right to demand a penalty from the second parent through the court if he does not help support the child financially. Its amount will be equal to 0.5% for each day of the total debt. The defendant can also be held liable to cover losses caused by the delay.

The Criminal Code of Russia has article number 157. It gives the right to punish a person who evades paying alimony. In addition to the fact that he will be obliged to repay the entire amount of the debt to the baby, he will have to spend a year doing probationary work.

All these unpleasant consequences of indecent behavior towards a son or daughter can be written down on paper and sent as a letter with notification of receipt to the defendant. This is an excellent argument in court in favor of the one who stayed with the child: peaceful attempts to resolve the problem characterize a person from the best side.

Replacing money with meters or valuables

After a divorce, both former spouses claim some part of the jointly acquired property. If the father does not have money to provide financial support for a young child, then he can sell part of the property to earn money and pay off the debt, or allocate part of the square meters of housing in his name. In some cases, this may even be required by the court.

Thus, in order to obtain alimony from her ex-husband, a woman must go to court - this will be the starting point. Then you will have to act according to the situation, but you should always behave within the law. It is better not to count on a quick solution to the problem, but there is no need to give up when difficulties arise. In Russia, there is a procedure established by law for the financial support of young children in the event that they remain in an incomplete family due to the divorce of their parents. It may not be perfect, but it works. The main thing is to know your rights and responsibilities, and also to take the situation into your own hands if the system fails.

How to prosecute for non-payment of alimony?

Bringing a debtor to criminal liability is still not an easy task for both the bailiff and the debt collector. The fact is that the legislation provides for a rather complex work scheme that precedes the implementation of Art. 157 of the Criminal Code of the Russian Federation, which, moreover, should be based on judicial practice in this category of cases in the region.

Petition to bring the alimony debtor to criminal liability

Below is a sample application (petition) to the bailiff service to bring the alimony debtor to criminal liability under Art. 157 of the Criminal Code of the Russian Federation.

In turn, the bailiff, the investigator of the Federal Bailiff Service, the senior bailiff, within the limits of their official rights and duties, carry out the following procedure for bringing to criminal liability:

Determine the risk group for criminal prosecution of enforcement proceedings, the debt for which is more than 2 months.
Cases that are promising for initiating criminal proceedings are identified, that is, those where there is evidence of deliberate disregard for payments.
The evader is warned about possible criminal prosecution.

A warning about criminal liability for non-payment of alimony must be issued in writing and sent to the debtor, and after a month - duplicated and again communicated to the defaulter.

Example. Olga K. initiated enforcement proceedings based on a court decision against her ex-husband Sergei K. During the year, Sergei K. paid awarded payments in the amount of 1/4 of his official earnings, then quit his job, was deregistered at his place of residence and disappeared . Alimony debt accumulated over 5 months.

At the request of the claimant (Olga), Sergei K. was put on the executive wanted list; property belonging to Sergei for foreclosure on him was not identified. Due to the lack of payments and the resulting debt, Olga K. filed a petition to bring Sergei to criminal liability under Art. 157 of the Criminal Code of the Russian Federation.

However, due to the fact that the debtor was wanted and his whereabouts were unknown, this measure could not be applied due to the impossibility of mandatory warning to the defaulter that he would be held criminally liable.

Thus, criminal liability for non-payment of alimony is a last resort measure and is used in cases where other methods of influencing the debtor have no results.

Determining the amount of debt

Reasons for debt formation:

The claimant did not submit the writ of execution to the FSSP. Funds begin to be withheld from the moment the application is filed with the court. Therefore, the bailiff will immediately accrue the alimony debt for the past time, but not more than for 3 years. In addition, the process of initiating enforcement proceedings will take about 2 months. The debt amount will be collected monthly. The order of withholding depends on the specific situation.

Example. Citizen L. has 3 children. The mother of the minors collected alimony in the amount of 50% of the income. The bailiff decides to withhold 50% of the monthly income to pay alimony and 20% to pay off the debt.

Thus, the maximum amount of collection per month cannot exceed 70% of all types of income of the alimony. However, this option is only possible if the payer has official income. Otherwise, the recipient will have to independently take measures to enforce the court decision.

The alimony payer deliberately avoids making payments. In such a situation, funds will be collected for the entire period of debt formation. However, the recipient must provide evidence of the fact of evasion or the writ of execution must be in the FSSP.

In such a situation, collection may be directed to the payer’s accounts and his property. In case of refusal to fulfill obligations, bailiffs may seize the citizen’s property.

What to do if bailiffs do not act on alimony payments

Achieving justice in the FSSP is quite difficult, but it is possible. Despite the bureaucratic nature of the system and years of developed “excuses” from annoying debt collectors, there are a number of different supervisory authorities above the bailiffs.

Where should the mother of a child go to get alimony from her ex-husband and force the slow-moving bailiffs to work at least a little?

Correspondence with the FSSP, exercise of your rights

Remember that you, as a claimant, have a number of procedural rights. You can get acquainted with enforcement proceedings, send requests to the FSSP, write statements. If there is no money for a long time, you can send several documents to the bailiffs that will make them remember the existence of your problem.

Request a recalculation of alimony for the previous period if the payer did not pay a penny.
Request a calculation of your child support debt.
Check whether alimony payments have been indexed.
Find out whether a penalty is considered for the payer's debts.

Even if some questions are not applicable to your situation, such corrosiveness will clearly hint to FSSP employees about the need to carefully work with your debtor. All requests are sent in any form, without any requirements. The bailiff will be obliged to give a written response to your request no later than 30 days.

Additionally, you can contact (in writing or through a hotline) the bailiff’s management and ask to clarify the situation why there is no real work.

IMPORTANT: If the payer does not have an official income, the bailiff will not help. But after 2 months of non-payment, the ex-husband will already have a debt, and this is where the executor’s hands will be free

He can foreclose on property, seize accounts, and even write off money from the balance of mobile phones. The payer lives on something, and perhaps even has gray income.

Complaint to the prosecutor's office

The prosecutor's office is a supervisory body whose competence includes, among other things, monitoring the activities of bailiffs.

An application to the prosecutor's office for non-payment of alimony due to the negligence of the bailiff is submitted in any form. You can find out more about this mechanism for protecting your rights here.

Prosecutor's officers will check the bailiff's performance of all his duties and issue an order to eliminate shortcomings in the work. In advanced cases, it is also possible to send a complaint to the management of the FSSP. And these are grounds for subsequently bringing the guilty employee to justice.

Appealing actions to court

If neither correspondence with the executors nor the prosecutor helped, you can appeal through the court. Any action or general inaction of the bailiff service represented by a specific performer is subject to appeal.

Most often, we are talking about challenging the inaction of an official.

The appeal is carried out in accordance with the Code of Administrative Proceedings (CAS RF) according to the rules established for challenging the actions of officials. The complaint is drawn up in strict accordance with the norms of the CAS of the Russian Federation and the strict requirements for it, and then submitted to the district court at the place where enforcement proceedings were opened.

The complaint states:

Full name of the court, address;
Information about the applicant-collector, as well as information about the bailiff;
Description of enforcement proceedings - number when it was initiated, on what basis;
Description of the bailiff's inaction or unlawful actions;
Statement of violated rights due to unlawful inaction or action;
Request addressed to the court;
Date of application;
Personal signature and list of applications.

All documents confirming the facts stated in the application are attached as documents.

Example: Claimant Z. appealed to the district court with a complaint about the inaction of the FSSP bailiff. In her complaint, Z. indicated that her ex-husband N. had not paid alimony for almost a year. As a result, the amount of debt has already exceeded 200,000 rubles. At the same time, the FSSP did not even bring the defaulter to administrative responsibility; the bailiff does not take measures to search for the debtor’s property and levy collection on it.

The applicant indicated that over the past year the debtor gave his mother an apartment and his wife a car, thereby getting rid of property in order not to pay alimony. The bailiff did not take any measures to challenge the transaction, and did not have time to arrest him before the alienation of the property.

The court found the complaint to be justified and ordered the bailiff to stop the unlawful inaction.

Going to court

The court is the last resort that can help a person recover alimony debt from an irresponsible evader. You should contact here:

If a person is faced with inaction only in the FSSP (the stage with the Prosecutor's Office can be skipped and go straight to the court).
If a person is faced with inaction both in the FSSP and in the Prosecutor's Office.

To appeal to a judge, just as before to a prosecutor, a person will need to know the amount of alimony debt and have in hand a special document confirming the accuracy and legality of the calculation made. obtain such a document (“ Resolution on the calculation of alimony debt ”) from the bailiff. The employee has no right to prevent the citizen from receiving this paper, nor to refuse to determine the amount of the debt.

Jurisdiction and terms

For each of the inactive workers, you will need to file a separate complaint, because the degree of guilt of a particular person will be determined by the court on an individual basis. The application must be submitted to the district (city) court at the location of the FSSP or the Prosecutor's Office, whose actions are subject to appeal.

The period for consideration of a complaint is 10 days. A meeting takes place during this same period. All parties to the administrative case are notified of the date and time of the hearing. If any person fails to appear, the meeting is held without him. The court decision comes into force after 1 month from the date of publication. During these 30 days, the decision can be challenged in a higher authority - the magistrate's court.

The applicant himself also has only 10 days to appeal this or that action of the authorized person. If the violation lasts for a long time (for example, the bailiff is inactive for several months), then the statute of limitations does not apply. However, the applicant will still need to use common sense and initiate administrative proceedings against the incompetent employee as quickly as possible.

Judicial appeals against the actions of government employees are not subject to state duty.

How to make an application

The statement of claim with a set of attached materials is submitted to the court office in copies according to the number of parties involved in the case (the court itself is also counted). The claim will need to indicate:

name of the court;
Full name and residence/registration address of the administrative plaintiff;
Full name and residence/registration address of the administrative defendant;
description of the situation (when and how rights were violated, what is the disagreement with the measures taken, etc.);
links to regulations;
information about previous appeals (if any);
petition (to recognize the actions of an authorized person as invalid, to force an employee to act, to hold the employee accountable for failure to fulfill his immediate duties);
a list of attached materials (a copy of the plaintiff’s passport, a copy of the writ of execution establishing alimony legal relations, as well as all materials that directly or indirectly confirm the facts stated in the complaint);
date and signature.

Death of the payer

In the event of the death of the debtor, the accrual of debt stops. The responsibility for material maintenance is not inherited.

However, recipients of property are required to repay previously formed debt. Therefore, the claimant must submit an application for the existence of a debt to the notary who opened the inheritance case.

If the heir and the claimant are the same person, then the debt for alimony is written off. If an heir receives a share under a will, the remainder of the debt is distributed among other legal successors.

The procedure for influencing government specialists is difficult for inexperienced citizens. However, in order to timely receive alimony from the payer, sometimes serious measures have to be taken. If you cannot file a complaint yourself, you can involve a lawyer. To get started, you can get free legal advice directly on the site. To do this, state your problem in the feedback form.

How to make the bailiff work?

There are several reasons why your case is not progressing:

The bailiff simply lacks practical experience;
He is overloaded with things to do and simply doesn’t have time;
And, unfortunately, the most common case is a bribe. The bailiff receives a monetary reward from the debtor for not doing anything.

In any case, if things don’t work out, you need to file complaints with the bailiff’s senior management. To begin with, you write a statement in any form, where you indicate that the two-month period specified by law has long passed, and the bailiff has repeatedly extended it, without any particular reason.

An application with a complaint is submitted in the following order (if the person you are contacting ignores the application or “let it go on the brakes,” you submit it to the following authority):

Senior Bailiff;
Chief bailiff of a subject of the Federation;
Chief Bailiff of the Russian Federation.

Now that you know where to go if alimony is not paid and how to encourage the bailiff to work, let's look at where these cash payments come from.

Judicial order

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When parents cannot agree with each other, one of them can recover money from the other in the manner established by a court decision. This problem is especially relevant for women who do not know how to obtain alimony from their ex-husband. There are two types of judicial procedure as it can be summary or ordinary. In the first case, a parent who has ceased to fulfill his duties receives a court order if his place of work and residence was known and established in advance.

The second method is suitable for more complex situations if each parent has his own opinion, which he wants to convey to the judge. In a voluntary settlement of the conflict, both parties can choose the form of child support that is most convenient for each. When resolving the issue in court, there are only three ways to pay the funds that must be credited to the recipient's account every month.

How to deal with persistent defaulters

Threaten with criminal liability for non-payment of alimony

As stated above, liability for malicious evasion of alimony payment is provided for in Article 157 of the Criminal Code of the Russian Federation. In order for such liability to be assigned, the fact of the “maliciousness” of the evasion is important. Judicial practice identifies several events that make evasion malicious:

Changing places of residence in order to evade paying alimony;
Decrease in actual income received;
In the absence of work - evasion of employment through the employment center;
Putting the debtor on the wanted list;
If the alimony debt exceeds 9 months (based on practice, the term “significant debt” is applied to this period);
If the bailiffs issued a warning about the possibility of criminal liability, but payments are never made.

If the debtor has been prosecuted, he may be assigned 1 of 4 types of sanctions:

Up to 1 year of correctional labor;
120-180 hours of compulsory work;
Up to 3 months of arrest;
Up to 1 year of imprisonment.

And even the very fact of having a criminal record can significantly damage a person’s reputation, as well as limit some of his rights, for example, the right to travel abroad of the Russian Federation (a bailiff can temporarily restrict this right, even without a criminal record, as a method of stimulating the debtor to make payments).

Criminal prosecution under this article is the basis for initiating proceedings for deprivation of parental rights.

Threaten with deprivation of parental rights for non-payment of child support

Initiating such a procedure is possible provided that the mother submits to the court an application and a certain package of documents, which includes (if there are several children in the family, each child will have their own court case, deprivation of parental rights for several children at once is unacceptable):

Child's birth certificate;
A document confirming the divorce;
A certificate from the educational or preschool institution that the child attends, stating that its employees did not see the child’s father bringing him, picking him up, participating in parent-teacher meetings, and so on;
Testimony of several witnesses (neighbors, relatives, friends), drawn up and signed, as a rule, by employees of the housing office or HOA, that the father does not take part in the life of the child;
Certificate about the amount of alimony and the period of arrears (issued by the bailiff).

After submitting all the necessary documents, the court will make a decision on deprivation of parental rights, based on all the attached evidence and testimony.

Some time after the deprivation of rights, the father can restore them, also through the court. This requires sufficiently compelling reasons, supported by substantial evidence.

Contact a collection agency

If the amount of debt is already quite large, and the bailiffs cannot or do not want to help you, you can try contacting a collection agency. Of course, this option should be considered as a last resort, because debt collectors charge quite large commissions for their services. Collectors work either by buying out the debt or helping to collect it for 25-40% of the amount collected. The law prohibits transferring rights to alimony debts to other persons, so debt collectors most likely will not buy the debt but will offer you assistance in collecting it.

If the husband does not pay the full monthly amount of alimony

In this case, the underpaid amount is credited to the debt, and the mother must take the actions applicable to such a situation. They are described above. Including filing an application for a penalty.

If the husband has transferred all property to his parents and does not work

If the husband does not work, then it is necessary to submit an application to the bailiff, describe this fact, and he will find out why the husband is not officially employed and is not even registered with the employment service (after all, the amount of unemployment benefits also falls under deductions for alimony). If the husband transferred all the property remaining after the division during the divorce to his parents, then alimony cannot be imposed on this property.

The only option is if he transferred the property after the court’s decision to order alimony payments, you can try to prove this fact as malicious evasion of alimony payments. But this is a rather complicated procedure and for each specific case you need legal advice.

Payments in a civil marriage

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Parents who do not want to legalize the relationship want to know how child support is paid for a child born in a civil marriage. It is worth keeping in mind that a child born in such a marriage also has the right to alimony, which is protected by law. Payments can be collected in the standard manner if paternity is confirmed. It is recognized at the birth of a child if information about the father is included in his certificate.

Even if the former spouses have not formalized the relationship, they are obliged to take care of their common children and provide for them until the age of eighteen. The rules for establishing alimony in this situation are carried out voluntarily or after filing a claim in court.

Sometimes a common-law husband does not want to recognize a common child and support him until he comes of age. In this case, paternity has to be proven in court. When a former spouse is unable or unwilling to admit paternity, the mother will need to provide credible evidence to the judge. The arguments for this must be truly plausible; most often in such cases, DNA testing is carried out.

What determines the amount of alimony?

The amount of child support payments is established by a notarial agreement between the child’s parents or a court decision and directly depends on the following factors:

Accrual method:
a fixed sum of money (added up as a certain percentage of the cost of living per child in the region where the funds are allocated).
The amount of the payer's salary.
Social status, standard of living and health status of the parties (claimant, payer, child).
The number of other children in need of alimony from the payer, etc.

If there is no alimony debt for the person obligated to pay, the amount established in the agreement or court decision will be deducted monthly from his income (no more or less), since the basis for deduction from wages is the above-mentioned agreement or writ of execution and stated in there is a requirement.

In itself, the amount of monthly alimony deductions cannot change either up or down without the payer or recipient filing a lawsuit to change the amount of alimony or the method of assigning it under Art. 119 RF IC. The only exception is alimony in a fixed sum of money (hereinafter - TDS), which is subject to quarterly indexation in proportion to the increase in the cost of living for the child in the region of his residence (i.e., as the cost of living increases, the TDS will also increase each time).

The responsibility for indexing alimony now lies entirely with employers (law of November 14, 2017 No. 321-FZ).

Who should pay child support?

According to the current laws of the Family Code of the Russian Federation, alimony is required to be paid by a parent who refuses to help his child on a voluntary basis. This term refers to payments that should be allocated for the maintenance of children until they reach adulthood. A prerequisite is the separation of the child and the parent in whose favor the collection process is directed.

Important

After the court decision comes into force, the parent will be required to transfer 1/4 of his permanent income or other type of earnings to the child’s guardian’s account every month. In the absence of a regular salary, a fixed amount of payments is established.

The question of how to obtain alimony most often concerns women who were unable to reach an agreement with their ex-husbands regarding the maintenance of one or more children. If the parents have not concluded a peace agreement, one of them has the right to go to court, where a decision will be made to recover funds from the father or mother. According to the code, the following should receive alimony:

children who have not yet turned 18 years of age if their parents have refused to support them;
adult children who are not able to work.

Each group of persons can receive funds in the manner specified in the legislation. However, the specifics of recovery will vary depending on the specific case and specific situation.

How to remove a seizure from property

The grounds for lifting the seizure of property are:

repayment of the debt alimony obligation in full before the sale of property;
a positive court decision in the event of an appeal against the arrest by an interested party.

It is possible to lift the seizure of the property of a non-payer of alimony without repaying the debt only in court by filing it with the district court at the location of the territorial body of the Federal Bailiff Service, if there are legal grounds for this.

The debtor must take into account that the procedure of arrest and inventory of the property that is seized is considered a serious process.

Therefore, the important points that the debtor must pay attention to are:

Independent presence during the seizure of property, as well as the presence of two witnesses.
Pay attention to the bailiff drawing up an act of seizure of property - this document is drawn up by the official himself at the place of arrest and comments of the debtor of any nature can be included in it.

If the claim for removal is satisfied by the court, the arrest is lifted, the court decision is sent to the Department of the Federal Bailiff Service, and the property is returned to its owner.

If the debtor's claims are not satisfied by the court, there is still a way out. It is known that property placed under arrest significantly loses value. Each debtor, with a property value of less than 30,000 rubles, has the right to sell his property independently (Clause 1, Article 87 of Federal Law No. 229 “On Enforcement Proceedings”). Therefore, it is actually possible to fictitiously sell an item to your friend or relative by drawing up a sales contract, transfer the funds to the bailiff, and then buy it back.

However, the simplest method of preventing the seizure of personal belongings, cars, living quarters or funds of an alimony defaulter is the absence of alimony debt, and if it arises, prompt repayment.

Application to the court to lift the seizure of property

The procedure for drawing up an application to remove the seizure from property:

The application can be submitted:
third parties if their belongings were illegally seized;
a representative of the debtor or a third party (however, representation in administrative claims requires a higher legal education);
The administrative claim must contain:
violations committed by an official during an arrest;
requirement to remove the seizure from property;
attached documents: debtor’s passport;
a copy of the act of seizure of property;
a copy of the inventory of seized property;
other documents related to the case (audio recordings, videos, photographs, etc.):
receipt of payment of state duty.

How can I help the bailiff find the debtor?

If you know information about the possible location of the debtor or you know people who may have such information, you can contact the bailiff with a statement.

This statement is drawn up in free form. In the “header” you indicate the position of the performer and his full name, below write your details, including a contact phone number. In the text of the application, indicate all the information about the places where the debtor may be located.

An approximate version of the text: “As part of the enforcement proceedings initiated by resolution No. 1 of 01.06.2020, my ex-husband Ivanov Ivan Ivanovich was put on the wanted list. I have information about his possible location and am providing this information to assist the investigation. According to the data known to me, he may be in the apartment of his cousin, full name, at the address (specify address), or in the private house of his aunt, full name, at the address (specify address). Also, from our mutual friend, full name (contact phone number), I received information that Ivan Ivanovich Ivanov may be in the apartment of his employee, full name, at (specify address)"

If you received information from friends, ask them in advance whether their information can be used to include in the application. Perhaps in the future, the bailiff will want to clarify some additional information from them.

After writing your application, be sure to make a copy of it and register it at the reception. The copy will be marked with acceptance, dated and signed by the person accepting it.

This may come in handy if the bailiffs do nothing to collect alimony arrears.

Complaint about the inaction of bailiffs

Proper enforcement proceedings must contain the following data:

information about the search for the debtor;
property data;
requests and answers about the property of the alimony provider;
account information.

If this information is not in the file, then perhaps the specialist is inactive. In this case, you need to file a complaint against the bailiff.

The document must contain the following information:

FULL NAME. and the position of senior bailiff;
applicant details;
Title of the document;
information about enforcement proceedings;
information about the actions/inactions of the bailiff;
reference to law;
applicant's requirements;
date and signature.

Sample complaint against the action/inaction of a bailiff

The collection of alimony is a problematic situation. If the alimony has generated a debt, then it is subject to collection. However, the procedure is lengthy and complex. To succeed, you need to hire a qualified lawyer. To receive a preliminary consultation, you need to leave a request in the feedback form. A specialist will contact you at a time convenient for you.

Question answer

- In this situation, everything depends on the amount that the child actually needs and the income that the defendant has.

Of course, in the case when the court assigns a fixed sum of money, its size is established taking into account the primary needs of the child. However, the court should not neglect the social and family status, as well as the solvency of the payer. Therefore, the court tries to assign a fixed amount for payment, which will approximately correspond to that established by law for shared recovery (25% of earnings for one child, 33% for two and 50% for three or more).

But situations may still arise when the size of the fixed payment may actually be equal to 70% of the defendant’s unstable salary - for example, if it is very low and in a smaller volume simply does not meet the needs of the minor. If the payer is unable to appeal the established amount of alimony in court, arrears will accumulate for such “unfair” payments in his opinion. Therefore, it is better to immediately present all arguments against the established amount to the court.

Design options

When it becomes necessary to file for alimony for an ex-husband or wife, the procedure for filing it depends on the personal relationship between the divorced spouses. The problem can be solved voluntarily if the spouses have the opportunity to agree. If there is no peaceful outcome, it is best to go to court, where a fair decision will be made. The simplest option is to draw up an alimony agreement.

When drawing up the document, the parties independently establish the procedure and conditions for payments, as well as the amount of alimony funds. Each clause of the agreement is stated in writing, and the document itself must be certified by a notary.

This method allows you to avoid possible problems, both for the former spouses and for the child. The agreement is concluded between parents, one of whom is obliged to pay money, and the other has the right to receive it. Without notarization, the document will have no legal force. If the obligations under the agreement are not fulfilled by one party, the other has the right to go to court to recover funds.

Deadline for collecting alimony debt

Collection of alimony debt arising due to the fault of the defaulter is carried out for the entire period, regardless of the established three-year statute of limitations.

This provision indicates that alimony debt has no statute of limitations. This means that it is possible to collect the debt from the defaulter even after the child turns 18 years old.

In addition, judicial practice approved on February 5, 2014 by the Presidium of the Supreme Court of the Russian Federation confirmed the inheritance of alimony debt. This means that alimony debt is a sum of money that is not associated with the identity of the payer, which means its payment passes to the heirs of the deceased debtor within the value of the property they inherit.

Actions of the recipient of alimony in the event of debt

If the alimony debt has accumulated for more than two months, and there is no legal claim from the payer to change the amount of alimony, the claimant can proceed as follows:

to take measures to encourage the debtor to repay the debt;
, filing a corresponding statement of claim.

Debt collection by bailiffs

First of all, the alimony collector must contact the bailiff conducting enforcement proceedings to take all possible measures against the debtor to encourage him to pay the debt, namely:

restriction of the validity of a driver’s license (Article 67.1 of Federal Law No. 229 of October 2, 2007 “On Enforcement Proceedings”, hereinafter referred to as 229-FZ);
ban on traveling outside the country (Article 67 of Federal Law No. 229-FZ);
putting the debtor and his property on the executive wanted list (Article 65 of Law No. 229-FZ);
seizure of property (including funds in accounts) of the defaulter and their sale at auction in favor of repaying the debt (Article 80 of Law No. 229-FZ);
administrative fines and even administrative arrest (Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation).

When visiting the bailiff, the collector must notify him of the existence of the debt and, if necessary, leave a written request to take measures against the defaulter.

Sample application to the bailiff for the calculation of alimony debt

A sample petition for the bailiff to take measures to calculate and pay arrears of alimony can be viewed here.

As for the criminal prosecution of the defaulter under Art. 157 of the Criminal Code of the Russian Federation, its application in practice is currently used very little - since before bringing the debtor to criminal liability, it is necessary to apply milder penalties to him, which in most cases help to encourage the alimony provider to repay the resulting debt.

Collection of penalties (penalties) for delay through the court

A penalty (in other words, a penalty) is a debt that is formed during the accumulation of alimony debt and can be collected personally by the recipient upon his statement of claim.

You can independently collect a penalty for late alimony payments in the amount of 0.1% of the debt amount for each overdue day (Article 115 of the RF IC). To recover a penalty from the alimony payer, the claimant must:

make sure that the debt arose in the absence of good reasons from the defendant;
send to the magistrate's court a statement of claim “On the collection of penalties for late alimony payments” at the place of residence of the plaintiff or defendant (in accordance with Article 29 of the Code of Civil Procedure of the Russian Federation).

If alimony is collected on the basis of a notarial agreement, then the amount of the penalty is determined by the terms of this document. If payments are made on the basis of a court decision (writ of execution), then a penalty of 0.1% is calculated for each day of delay.

How to proceed?

Proceedings to recover funds have been initiated. The case file contains a writ of execution and other papers that are significant in specific circumstances. But the deadline for voluntary execution of the court order has already passed. Debt is accumulating. How to get out of alimony debt?

The legislation of the Russian Federation provides for many mechanisms of influence on the debtor. It seems that in order to achieve payment of child support, it is necessary to approach the problem from a psychological point of view.

An ex-husband is a person who became a stranger to a woman, usually relatively recently. After all, everyone is trying to collect alimony as quickly as possible, almost immediately after a divorce or even in marriage, when there are no longer family relationships, but the entry on the termination of the marriage has not yet been made in the appropriate book at the registry office. Before this, the man most likely was family and friends. Therefore, the ex-wife should have some information about the following:

his habits;
fears;
place of work;
hobbies, etc.

Based on this information, it is possible to establish what the defaulter fears most.

For example, if communication with children is important for a man, then, based on Art. 60 of the RF IC, initiate the procedure for depriving paternity to exclude the possibility of communication between father and son or daughter.

Of course, this procedure is not so easy to implement. Under specific circumstances this will not be possible. But the psychological impact is more important here. If a man is really afraid that he will not be able to communicate with the child, then perhaps he will still decide to pay off the debt and begin to fulfill the obligation properly.

What else can you do?

The options are:

Ban on traveling abroad. It can be imposed even with a debt amount of 10 thousand rubles. But, again, you need to analyze the debtor’s lifestyle. For example, if his activities are related to private trips outside the Russian Federation, then the measure will be effective. If the debtor likes to travel and has the means to do so, then the method of influence will also be effective. But there are people who have never left their hometown in their entire lives, let alone abroad. This ban will not have any effect on them. But others may work.
Restriction on the right to drive a car. It is possible to obtain the funds due from the debtor if a ban is imposed on him from driving any vehicle. A car today is absolutely not a luxury. The car can be purchased very cheaply. And let’s not talk now about what state it will be in. The fact is that almost any adult resident of the country can buy a vehicle that can travel on the roads of the Russian Federation, taking into account technical feasibility and legal requirements. Accordingly, the number of motorists in Russia is large. And each of them is afraid of losing their rights. If the debt exceeds the amount of 10 thousand rubles, then the bailiff may limit the debtor’s right to drive a car. This right can be exercised in relation to almost all defaulters, with rare exceptions. For example, you cannot take away the rights of a person who officially works as a taxi driver, because this is how he earns a living. The restriction will remain in effect until the debt is repaid. Therefore, the debtor will have to choose: pay the money or travel by public transport and walk.
Seizure of property and its subsequent sale at auction. Another effective method regarding how to obtain payment of alimony from your ex-husband. No one wants to lose their property, especially if it is expensive, for example, if they own an apartment that is not their only home or a car. This measure also has many disadvantages. First, the defaulter may try to hide the property. The chances of identifying the property will be good, but you will need to spend quite a lot of time. Secondly, some property cannot be foreclosed on. As already mentioned, you cannot sell your only home at auction. In addition, working tools worth up to 10 thousand rubles, seeds for growing plants, breeding stock and some other things. Third, the person may not have anything to sell.

Please note that you should always be in touch with the bailiff who is handling the case. Only a debt collector-bailiff team can really shake off the debt and the amount of regular payments from the debtor. You need to talk informally with an FSSP employee somewhere. In some cases, you can submit an application containing one of the requirements:

report on the progress of enforcement proceedings;
take certain measures of influence.

Sometimes, you have to appeal the actions of the bailiff or his inaction. This can be done by filing a complaint:

addressed to the senior bailiff;
to the prosecutor's office;
to court.

If a person has no property, it’s not so scary. The main thing is to have income from which a share of up to 70% can be withheld for alimony obligations. Many people are interested in the question of how to extract alimony from an unemployed person.