How to force payment of child support? - Lawyer in Samara and Moscow - representation in court and legal services

Family law > Alimony > How to force the father of a child to pay alimony?

Collection of alimony is the most important mechanism for protecting the rights of the child.

However, many negligent fathers quickly forget about their responsibility, hoping that the ex-wife will not find ways to influence the collection of funds. But that's not true.

The law in this case is completely on the side of the child, and the Family Code offers several effective tools with which you can force the parent to pay child support.

How to force your ex-husband to pay alimony? More on methods of forced collection below.

Why doesn't my ex-husband pay?

The reasons for this may be:

Lack of funds to fulfill the obligation. Perhaps the child’s father lost his job, or he had a need to care for an infirm relative, etc. Such reasons, of course, are valid, and here it is difficult to influence the defaulter in every sense.
The father deliberately avoids fulfilling the obligation.
The ex-husband believes that the money is spent not on the child, but on other purposes.
The obligation to pay alimony has been terminated due to certain circumstances, but the recipient continues to demand money.

The most common reason for arrears in child support is the father’s usual evasion of his obligations. Therefore, there is no point in doing nothing.

You can contact a lawyer who can force the alimony holder to pay off the debt, or use the information that follows.

If the husband does not pay according to the writ of execution

When there is a court order in hand, the woman turns to the bailiff. She draws up a statement on the need to initiate enforcement proceedings. The rules for filing a petition are regulated by Federal Law 229. The applicant must sign the application.

Based on the application, the executive bodies set the matter in motion. If a woman additionally files a petition, the defaulter’s property will be seized. Child support is required for him in the future.

Other restrictions for the defaulter:

ban on leaving the country;
ban on using a driver's license;
forced collection.

The mother must contact the executive authorities immediately after the man refuses to comply with the court decision. The minimum amount of debt must be 10 thousand rubles along with the penalty.

Nuances of debt collection under a writ of execution

If the defaulter hides money and property, the bailiff seizes them. The debt will be automatically debited from the seized bank accounts. If there are not enough funds for them, about 70% of the monthly debt is written off.

If there are enough funds, the debt is repaid immediately, and new income pays off up to 70% of the monthly debt. The penalty is calculated separately for each month. If a man understated his income and the fraud was discovered, mandatory payments are recalculated.

Administrative and criminal liability

Enforcement proceedings entail administrative liability. Failure to pay within 2 months after the start of production will result in mandatory work of up to 150 hours. The administrative fine is 20 thousand rubles.

Criminal liability arises if the defaulter ignores further court orders. The defaulter faces correctional and forced labor for up to 1 year.

How much child support should your ex-spouse pay in 2020?

Alimony is paid every month as a percentage of earnings (25% for one, 33% for two, 5% for three or more) or in a fixed fixed amount established by the court.

Alimony is calculated from the total monthly earnings minus income tax (13%).

Lack of earnings is not a reason for non-payment of alimony. An unemployed and unofficially employed parent, a disabled person, a pensioner - everyone is required to pay child support.

Even deprivation of parental rights does not exempt you from child support payments.

Amount of alimony payments withheld from the ex-spouse

The court sets payments depending on the defendant’s income. So, his earnings can be reduced by a certain percentage: 25% - for 1 child; 33% - for two children; 50% - for 3 or more minors. Also, the authority may decide to withhold alimony in the TDS.

The basic amount with which a certain share is paid in favor of the child is the person’s total income minus personal income tax.

A parent must in any case take care of his child, even if the union between the spouses has been dissolved. If the father does not officially work, then this fact will allow him to avoid mandatory payments. At the same time, the obligation is not canceled even in relation to those parents who were deprived of their rights in relation to the child.

Methods for collecting alimony in 2020

How to force your ex-husband to pay alimony? The ideal option is to convince the parent through negotiations and try to identify the reasons for the debt. This will help the child’s mother understand what tactics to choose next.

Formalization of the agreement

An alimony agreement is the result of diplomatic negotiations between former spouses and the most painless way to resolve an impending conflict.

The agreement is drawn up by a notary. The algorithm for drawing up the document is as follows:

Former spouses come to the notary's office with a collected package of documents, which includes:

passports;
child's birth certificate;
certificate of divorce.

The notary is informed of the essence of the agreements.
The lawyer will check whether the requirements are legal and whether they are in the interests of the minor.
The document is drawn up, signed by both parties and certified by a notary.

The alimony agreement has the force of an executive document, so the ex-spouse will have to comply with its terms.

In the event that no agreement is reached between the parents or the spouse initially evades paying maintenance to his child, there is only one alternative left - to go to the judicial authorities, which are authorized to force the parent to pay alimony, as stated in Article 80 of the Family Code.

Collection through court

Forcible collection sometimes takes a lot of effort and time from the mother, which is spent endlessly going through the courts and other authorities.

For that? To protect the interests of the child, the mother often has to:

File a lawsuit to collect alimony.
Take part in court hearings.
Cooperate with the bailiff service to execute the court order.
Contact the guardianship authorities to prepare a conclusion on the deprivation of parental rights.
Bring the negligent father to justice for evading obligations, requiring the SSP (Bailiff Service) to initiate a criminal case under Article 157 of the Criminal Code of the Russian Federation.

The last two actions are taken when a parent maliciously evades child support payments.

The process begins with filing a claim in court. When considering a case, the court takes into account:

marital status of the defendant;

his financial capabilities;

health status;

child's needs.

The calculation of alimony is made based on all these circumstances . For example, if the father is disabled, alimony will be collected in one order, if an entrepreneur - in another, and from an unemployed person - in a third.

Even if the ex-husband does not officially work anywhere, the court will find a way to determine the procedure and amount of the penalty (for example, in a fixed sum of money).

As a decision, the court issues a writ of execution, from which the collection procedure begins.

Appeal to bailiffs

The writ of execution received from the judge must be presented to the bailiff service.

Service employees will be involved in further collection of alimony.

How to force bailiffs to work on alimony?

If the bailiffs do not take active measures to collect alimony, you should:

Submit an application addressed to the senior employee of the SSP that the bailiff appointed in your case is not taking active measures to collect alimony, demanding to monitor his work and notify him of the results.
If a debt arises, go to court to charge a penalty. Copies of letters, statements, petitions relating to this case must be attached to the claim.
A copy of the court decision on debt collection and penalties should be sent to the bailiffs.

You can also write a complaint to the prosecutor's office . The prosecutor is able to provide assistance in matters of collection, for example, in the following way:

prepare a document on the inadmissibility of violating the law;
help initiate a criminal case.

These authorities may have the following measures of influence on the alimony provider:

make it impossible to travel abroad;
deprived of the right to drive a car until the alimony debt is paid off.

Advice! Send the writ of execution to the address of your husband’s place of work (if he is employed) or to the Pension Fund branch at his place of registration (if he receives a pension). Such measures are usually very effective.

Video: What to do if your ex-husband does not pay child support?

Video: What to do if your ex-husband does not pay child support? Continuation

Reasons for refusing to pay alimony

To find effective and quick leverage on the debtor, it is important to understand why the ex-husband does not fulfill his obligations.
Depending on them, you can think about further actions and steps. The first reason is an irresponsible approach to fulfilling material obligations to the child, not the inherent instinct of a parent. In this case, the federal bailiff service will come to the rescue, and they will necessarily make collections from the debtor. It may lead to fines and penalties.

If the ex-husband does not officially work anywhere and does not want to get a job due to his unwillingness to pay alimony, he can be held accountable through the court (even criminally).

Another situation: the child’s father thinks that alimony is used not for the needs of the child, but for the needs of the mother or the children’s representative. Then you can try to draw up an agreement with your ex-husband on the use of finances, an agreement in which controversial and conflicting issues will be spelled out, taking into account the needs of the child.

A husband may ignore alimony payments out of a desire for revenge, especially if his wife filed for divorce.

First of all, in any of these situations, you can try to kindly, peacefully resolve the issue - talk to your ex-husband, explain that it is difficult to support a child alone. In some cases, the grandfather and grandmother from the father’s side are brought in if they have influence on the irresponsible son, and together they convey to him how necessary alimony is for the maintenance of the child.

How to force payment of alimony from “black” wages?

Alimony is often calculated as a share of income.

However, the practice of black and gray salaries is quite common in our country. Therefore, this issue is very relevant.

The law interprets this situation as follows: if the payer has not identified unofficial income, then he will still pay alimony according to the general rule.

To calculate monthly payments, the average salary (by region or country) will be taken as a basis. This procedure for calculating alimony is also relevant for individual entrepreneurs submitting declarations with zero income to the tax authorities.

However, accruing debt and collecting it are two different things. A parent can receive unpaid wages and pay minimal alimony for many years.

What other actions can be taken? There are several additional collection options:

Try to foreclose on the property of the child's father.
Try to confirm your earnings and establish the amount of income.
You can replace the method of fulfilling the obligation by re-applying to the court.

If the alimony recipient receives an unofficial salary, and a serious alimony debt has accumulated, then you need to find out whether he has valuable property.

For this purpose, bailiffs can make requests:

to Rosreestr;
in the traffic police;
to banking organizations.

If the debt is large, then seizure of the apartment or car is quite possible. This property is allowed to be sold at auction, and the proceeds from the sale will be used to pay off the debt.

How to find out the income of your ex-spouse to receive alimony?

Unfortunately, alimony from unpaid wages is collected infrequently: the amount of income in this case is very difficult to document.

But you can still try to prove that they exist in the following ways:

Talk to the defaulter's employer, explaining to him that the child needs money. Threaten to initiate tax audits.
Try to provide evidence that your ex-spouse allows himself to spend heavily while allegedly not working.

Of course, your arguments will be indirect, but, as they say, trying is not torture.

Collection in a fixed amount

If it is known for certain that the defaulter receives unpaid wages, then it makes sense to apply to the court with a request to collect alimony in a fixed amount. This method has its advantages and disadvantages.

The advantage is that the parent will start paying money regularly. The downside is that the court can set the minimum amount of payments equal to, for example, ½ the subsistence level.

To achieve a higher payout, you need to:

Prove that the child’s needs are quite great. And here it is important to make the argument that during the marriage a significant amount of money was spent on the child.
Prove that the defendant, despite the lack of a source of income, has a means of subsistence.

What is a “gray salary”?

There is such a thing as a “gray” salary, when part of the money is paid officially by the employer, and most of it is “in an envelope”.

The methods presented above apply here:

Try to identify the income in full, and provide evidence of this to the court.
Ask the court to change the order of payments from shares to payment in a fixed amount.

Trial

How to force your husband not to ignore alimony if the previous option did not bring results? Then you need to choose a more effective method - going to court. If for some reason there is no court order to pay maintenance, one must be obtained. A statement is written in the court office, which must indicate:

Full name of the plaintiff, registration address;
information about children;
official details of the former spouse, place of residence (if known);
the reason for going to court.

You should also submit the following documents:

copies of the child's birth certificate;
a copy of the marriage or divorce document;
a certificate stating that the child lives with his mother;
certificate of income and financial situation of the husband.

The court considers the plaintiff’s application and takes into account information about the defendant: his income, property, family composition, health status, and the needs of the child. Based on all this data, the court makes a decision on the payment of alimony for the maintenance of children, its amount, form and frequency. After completing the process, the plaintiff can receive a writ of execution - a document that specifies all the nuances and enforces the court decision.

Can I be forced to pay child support after 18 years of age?

The Family Code stipulates the rules providing for the right of a child to receive alimony after 18 years of age.

The obligation to pay child support after the age of 18 rests only with the parents of a disabled and needy child. In this case, the amount of payments is determined exclusively in a fixed amount of money.

All circumstances are taken into account:

Family status;
material security (availability of property, unofficial income, deposits and government benefits);
costs of maintaining a child (treatment, care, purchase of medicines);
need for financial assistance.

Article 120 of the RF IC provides for the termination of alimony payments to an adult in the following cases:

death of the payer or recipient;
court decision on restoration of working capacity;
court decision on termination of need.

Payment of child support to a student child after 18 years of age is not provided for by law.

Money in excess of child support or additional child expenses

There are situations when additional money is needed in addition to the alimony already issued. Most often this happens if a child becomes seriously ill or needs rehabilitation after an illness, for example, a trip to a sanatorium. In this case, the mother can either simply make a request to the child’s father, or file a claim demanding payments. The amount that the court may order the ex-husband to pay should not be more than half the cost of surgery, sanatorium treatment, medications, and so on. Everything is decided individually, based on information about the financial situation of both families, but both parents must take part in the treatment of the baby. In addition to alimony, the father can buy the child clothes and shoes, take him on vacation, entertainment, and purchase what he needs for school. But all this is done only at one’s own request and discretion; to replace the payment of alimony with such gifts - such expenses are made only additionally and purely voluntarily. Therefore, it would be better to simply establish a good relationship with your ex-husband than to think about how to force the child’s father to pay alimony .

Why don't fathers want to pay child support?

The financial situation of many people is now difficult, but no one has canceled the payment of alimony. Some fathers themselves voluntarily help their ex-wives and children, but they are a minority. A much larger number of irresponsible fathers will not even move until their ex-wife files a claim for alimony payments . And even after this, some part tries to shy away from helping the child. Why? For various reasons: Out of revenge. This often happens especially when the wife initiated the divorce. The logic “you left - now spin as you wish” awakens in many men after such a breakup, but the courts take into account the interests of the child first of all, and the emotions of the parents remain in the background. For selfish reasons. This happens if the ex-husband was not initially ready to start a family (most often in a marriage “by chance”). He perceives divorce as release and documents from the court demanding payment for him - like a bolt from the blue. Because there is no constant or sufficient income. The court takes into account all the circumstances before deciding how to force a man to pay alimony, and payment will be from the income that is already available. There were cases when bailiffs forcibly sent unfortunate dads to the employment center so that they could get a job and pay alimony. As a last resort, they can respond with their own property. Fathers who do not pay child support out of principle should remember in time that later they will also not be able to apply for child support from older, able-bodied children if necessary.

Child support from an unemployed parent

The courts are also deciding this issue. Firstly, he still has to pay alimony, and after all, he exists on some income? Therefore, you just need to find out which ones. Even the fact that a person receives a disability pension does not prevent him from paying alimony - payments for the child will be made from it. Secondly, if a person has official unemployed status, he receives benefits at the employment center. This means that the amount of alimony in this case will be equal to the percentage of such benefits - 25, 33 or 50 percent, depending on the number of children. It’s another matter if the child’s father simply works unofficially and hides his income. In this case, in order to understand how to force a non-working alimony worker to pay alimony , the court orders tracking of his income and expenses. Bailiffs of the executive service check bank accounts that are opened in his name, large purchases, and so on. Then there will be a new meeting, at which the amount of alimony will be determined based on the data received. As in ordinary cases, there are two methods of collection - a share of income and a fixed amount. In the first case, the amount will be calculated as a percentage of the average salary in the region, in the second, the child’s father must contribute a fixed amount. Each method has its pros and cons. With a shared amount, the advantage is that alimony payments will accumulate even if the debtor in principle does not intend to get an official job. The disadvantage is that when a pension or unemployment benefit is calculated, alimony will be calculated from this amount. When paying child support in a fixed amount, stability is considered an advantage. Whether the child’s father is currently working or not, he is still obliged to pay the money determined by the court. The disadvantage is that even after getting an official job with a high salary, the alimony holder is not obliged to increase the fixed amount of payments. Therefore, before forcing the debtor to pay alimony , it is worth considering which method to choose.

Some advice for moms or dads left with a child

Remember that you can apply for alimony not only if you are divorced, but also if you are married (or married). And even while in a civil marriage. Marital status has nothing to do with alimony payments. If the father did not recognize the child at one time, do not rush into this in order to receive alimony. Along with the establishment of paternity, he also receives responsibilities, including the obligation to receive alimony after he becomes unable to provide for himself. There are many cases where a father forced his daughter to pay alimony , sons may also find themselves in this place. Moreover, he will have the right to prohibit many things that concern the child. For example, traveling abroad, adoption of a child by a new husband, and so on. Getting a trial is not the hardest thing. It is more difficult to achieve high-quality work by bailiffs and real alimony payments. Therefore, it is worth turning on persistence and monitoring the work of the executive system

Sanctions for non-payment of alimony

How to force a child's father to pay child support? If all the methods presented above do not have an effect, you will have to threaten your ex-husband with a fine and even a prison term.

Start with the threat of bringing him to administrative responsibility as provided for in the Code of Administrative Offenses of the Russian Federation, such as:

seizure of property;
imposition of a fine;
accrual of penalties (in case of debt).

To initiate a criminal case, you must submit the appropriate application:

bailiff;
to the Ministry of Internal Affairs;
to the prosecutor's office.

The mother must prove that her ex-husband has unjustified reasons, for example:

intentional dismissal from work;
attempts to hide from the bailiffs;
concealment of income;
receiving an unofficial salary.

A criminal conviction may subsequently serve as a reason for depriving the father of his rights to the child.

As you can see, there are many ways to collect alimony . Of course, all this will require a lot of effort, time and brings negative emotions.

But in most cases, strict collection measures, such as the involvement of the prosecutor's office and other serious authorities, force negligent fathers to pay alimony.

3 comments on the article “How to force a child’s father to pay child support?”

06/05/2018 at 11:24
Sergey writes:
The child support worker receives a pension and a black patch. He pays alimony only from his pension (5,200 rubles) for two children. my salary is catastrophically not enough to adequately support my children. How to determine the minimum amount of alimony for two children. Have you heard about the subsistence minimum or is it not so? How to make this “father” work. Please tell me if this can be done.
Answer
05/27/2019 at 14:50
Elena writes:
Hello, if you filed for child support back in 2007 and he never paid until 2020, your daughter will soon be 15 years old and 18 is not far off
And it is not known how the bailiff will get alimony from him, will the child be paid alimony for these years even if he is 18 years old, or will the whole case be stopped upon reaching 18 years old?
He has been deprived of parental rights, is now wanted and has no property.
Answer
09.15.2019 at 13:12
Tamara writes:
My niece divorced her husband about 10 years ago, due to: he married someone else, while living together he practically worked for short periods, mostly my niece worked, at first she combined three positions on the collective farm in the 90s, then they bought an apartment in part, my mother gave me both a loan and Then the husband abandoned the family, she herself paid the cretid ahead of schedule, he did not help at all. And the eldest son is already 26 years old, the youngest son is 14, he was also sick, something is wrong with the surgeon, they are constantly preparing for surgery, but they are delaying. And her husband is now swindling money out of his working son, they live in Rostov the Great, salaries are not high there, the son gives his mother almost the entire salary, because the niece and her son are building an apartment for their son in Yaroslav, they are spinning around as best they can, but it cost me him send a poem via the Internet: “The father at 50 remembered his children, came to visit, but the children turned out to not remember him”? So he complained to his son that his aunt was interfering with him, tell your mother that she’s hurting me,” so that’s what I got for interfering with my ex-husband, she strictly ordered me not to interfere, saying it’s my family, don’t interfere with us.
Answer

Mother's rights in case of non-payment of alimony by husband

Alimony is mandatory payments to a father or mother after a divorce. Divorce requires that the former spouses no longer live in the same area.

A joint child remains under the guardianship of one of the parents. The other parent provides financial assistance - this way he provides the child with the same standard of living. If the spouse does not pay, he faces punishment.

Child support defaulters are lawbreakers. Mothers who do not receive regular payments have certain rights:

Go to court to collect mandatory monthly payments - the main condition is the fact that the husband refuses to make regular payments.
After a court decision is made, the child’s mother has the right to contact the enforcement services - her request is to present measures so that the defaulter fulfills his obligations. The debtor faces specific sanctions.
An agreement concluded between former spouses allows you to demand monetary payments without trial. The main document is notarized: the husband agreed to sign the agreement, but then refused to comply with the stated conditions. Bailiffs are also required to apply enforcement measures.
The mother has the right to demand payment of the penalty in court.
A woman has the right to agree to sign an agreement on terms favorable to herself and the child.
The woman demands administrative or criminal liability be applied to the defaulter.
A woman has the right to file a claim to deprive her father of parental rights.

The mother of joint children is their legal representative. She acts in the interests of children, demanding various penalties, especially in cases involving children with specific needs.

The basis for paying alimony is a court order or decision regarding the debtor. The completed writ of execution is sent to the executive authorities: approximately to the place of registration, actual residence of the offender.

The corresponding notice arrives at the man’s work or is delivered in person.

Legally, a court decision is equivalent to a signed agreement. The document needs to be notarized, otherwise it has no legal force. With a signed agreement, the mother has the right to demand equal payment of child support.

Consequences of late payment of alimony

If the child’s father has valid reasons why he does not pay child support, such reasons must be presented in court by presenting relevant documentary evidence.

In this case, the judicial authority may make a decision on the gradual repayment of the debt, without penalties against the debtor. But if the ex-husband does not pay child support without good reason, the child’s father faces prosecution:

civil - a penalty in the amount of half a percent of the total amount of debt for each day of delay;
administrative – in the form of fines (including additional ones, except for penalties), blocking of accounts, deprivation of a driver’s license, a ban on traveling abroad and other restrictive measures;
criminal - with the arrest of the debtor, restriction of freedom, assignment of forced labor.

The severity of the punishment depends on the scale of the debt and the accompanying circumstances. The decision is solely the responsibility of the judge hearing the case.

Taking into account the priorities of Russian legislation, it is not necessary to bring the issue of alimony payment to trial. Any financial problems can be solved, but the child should not suffer from the reluctance of the second parent to fulfill the duties assigned to him by law.

The best way out for spouses when alimony arrears arise is to come to an agreement peacefully by concluding an appropriate agreement. Consideration of a claim in court may entail undesirable consequences for the defendant.

How to force your ex-husband to pay alimony if he does not officially work?