Can my ex-husband be jailed for non-payment of alimony?

The statistics on alimony payments in Russia are disappointing; every third payer refuses to fulfill their obligation to their minor children, disabled parents, and spouses caring for a disabled child. However, the legislation provides for very severe punishments for draft dodgers who become malicious. A persistent defaulter of alimony is one who systematically does not transfer payments to the recipient and tries to hide from law enforcement officers in order to avoid payment. It . whether they can be imprisoned for alimony debt. 157 of the Criminal Code of the Russian Federation, which regulates penalties for malicious defaulters.

Is it possible to hold the defaulter accountable?

Bringing to justice a person who refuses to contribute funds towards the financial support of relatives is possible if the obligation to pay financial support is formalized in the manner prescribed by law.

Important! A citizen cannot be punished for refusing payments made voluntarily.

Are you imprisoned for failure to pay child support? If you refuse to fulfill your obligations under a binding document, you may be subject to imprisonment. The law provides for the following types of registration of material content:

• agreement of the parties;
• court decision.

An agreement is an official written document concluded in the manner prescribed by the Family Code (Article 99 Chapter 16). A prerequisite is the notarized form of the document.

The procedure and amount of financial support paid is established by the parties by mutual agreement. The exception is the fixed minimum amount of payments established by law. Parents do not have the right to indicate in the agreement an amount of maintenance that is less than ¼ of all types of income of the payer.

An agreement may contain obligations established for both one party and the other. For example, the payer has the right to oblige the recipient to provide a monthly report on expenses made through payments with the provision of sales receipts and receipts. After signing and notarization, the document is binding on the parties.

If the payer refuses to fulfill the agreement, the recipient has the right to transfer it to the SSP for forced execution. The document has the force of a writ of execution. From this moment on, malicious evasion of payments under it will lead to liability provided for by law.

A court decision establishing a citizen’s obligation to pay money to relatives can be of two types:

• court order;
• court decision.

Their difference lies in the order in which the application is considered. If the mother’s only demand was to collect financial support for the child, then the application is submitted to the magistrate’s court. The document is considered in the order of judicial proceedings (without the participation of parents). The applicant receives a court order.

If the plaintiff has a number of demands (determination of the child’s place of residence, divorce, division of joint property), the claim is filed in the district/city court. The document is considered in the manner of legal proceedings (the parties are invited to the process and prove their position).

In each case, the applicant receives a writ of execution and submits it to the SSP for taking measures to withhold payments.

Calculation of alimony debt

The first and main question is how to correctly calculate the amount of debt? This should be done by the bailiff. If he did not make the calculation on his own initiative, it is necessary to submit an application to the bailiff for the calculation of alimony arrears. It is drawn up in any form, and the application must indicate the name of the FSSP department and the details of the bailiff, as well as the name and personal data of the applicant.

The title of the application must be “Application for the calculation of alimony debt”, then the document sets out information about the alimony collector and payer, information about when the court decision was made and enforcement proceedings were opened, information about the dates and amount of alimony payments. Naturally, we must not forget to include in the application the request itself to calculate the resulting debt.

Applications to the bailiff can be made here.

The bailiff, having received the application, issues a certificate with calculations to its author. With this certificate, the recipient of alimony has the right to file a claim in court to collect the debt.

Malicious evasion of financial support

Ideally, financial support for loved ones should be provided voluntarily. In fact, disabled citizens and their legal representatives often have to go to court.

A narrow circle of close and nominal relatives has the right to demand financial support. It includes:

• parents;
• grandparents;
• children and grandchildren;
• spouses before and after divorce;
• sisters/brothers;
• stepmother/stepfather;
• educators.

The rules of law contain measures to increase the amount of payments. They are withheld from the vast majority of income. The exception is funds for travel expenses, financial assistance for a wedding, birth or death, and survivors' pensions.

The legislator uses a number of methods to increase the level of alimony, which is collected from payers. Liability for persons who do not wish to transfer financial support is provided for in the civil, administrative and criminal codes.

The penalties for defaulters are varied. From penalties to actual deprivation of liberty. The severity of the punishment depends on the level of guilt of the alimony provider. Persons who maliciously evade their duties are subject to maximum punishment.

Issuance of a court order

An application for a court order to collect alimony debt must contain the following information:

• name of the court to which the application is filed;
• Full name and place of residence of the applicant and debtor. In addition, the debtor must indicate his place of work;
• all the circumstances of the case and the applicant’s requirements;
• links to documents that confirm the applicant’s correctness (the corresponding court decision, or a notarized voluntary alimony agreement, a certificate of the amount of debt issued by a bailiff);
• list of attached documents (passports, birth certificates of children, documents confirming marriage or divorce, certificates of family composition from the housing department, certificates from the place of work);
• date and signature.

The application is sent to the magistrate's court and considered within five days. In this case, neither the applicant nor the debtor is summoned to court, and based on the results of the consideration, the debtor is issued a court order. The debtor has the right to challenge the order within ten days. If this does not happen, the order comes into force and is transferred to the bailiffs.

Within 10 days, the document can be disputed, otherwise it enters into legal force and is sent to the bailiff service for debt collection. If the defaulter challenged the order, and the court canceled it, then the applicant will have to go to court again, but with a claim to collect the alimony debt. A sample of such a statement of claim can be downloaded here.

What is malice?

The concept of maliciousness includes the actions or inaction of the payer, expressed in refusal to deposit funds into the recipient’s account. An important condition is the duration and intentionality of the violation.

Evasion actions are considered to be attempts to hide income or property. Inaction is understood as refusal to find employment or register with the Employment Center.

It is possible to recognize as malicious only the evasion of material content assigned by a court decision or a notarial agreement submitted for forced collection to the SSP. Voluntary maintenance is paid in the amount and frequency established by the alimony provider independently.

Features of litigation

The decision to initiate a criminal case is not made immediately. There is a certain procedure for pre-trial settlement of a debt dispute, which includes several stages:

1. Determination of forced collection of alimony through the court.
2. Execution of court decisions by bailiffs.
3. Bringing the debtor to administrative liability.

If all stages of resolving the issue did not help, then the head of the FSSP is obliged to make a decision on an offense and initiate a criminal case. Now the bailiffs, together with the recipient, must prepare evidence of the maliciousness of the act and submit the papers to law enforcement agencies.

The only way to avoid criminal prosecution is if there are valid reasons for non-payment of alimony. For example, due to job loss, illness or other circumstances.

A malicious debtor is considered to be a citizen who:

• Deliberately hides his income or property in order to make it impossible to collect arrears of alimony;
• Does not have a job and is not trying to find one (and is not registered with the employment center);
• Provides false information about the amount of his income. For example, he works for a “minimum wage” or without registration at all;
• He hides from bailiffs and continues to fail to fulfill his obligations even after being brought to administrative responsibility.

Such actions are regarded by law as deliberate evasion of alimony payments, which threatens administrative or criminal prosecution. The courts consider such cases quite quickly, and if the corpus delicti is established, the defendant will be punished accordingly.

It is important to remember that before filing a claim, it is necessary to notify the debtor about the judicial decision of the issue. Otherwise, such an omission may become a reason for refusal to consider the case.

Which debtor is considered malicious?

Malicious evasion can be qualified according to the following criteria when the payer:

• often changes place of work and does not inform the bailiff about this;
• constantly changes his place of residence and avoids personal meetings and telephone conversations with bailiffs;
• hides income received unofficially;
• hides information about the presence of valuable property;
• has debt for a period of more than 4 consecutive months;
• repeatedly brought to civil and/or administrative liability for evasion of payments;
• received a warning from the bailiff about criminal liability, but does not take steps to pay off the debt.

Important! A prerequisite is the repetition of evasion actions.

Statement in case of malicious non-payment

As already mentioned, a willful defaulter can and should be brought to criminal liability.
The bailiff who has your file on collecting alimony should open a criminal case against such an alimony provider. If the bailiff himself did not do this (this is quite possible), then it is necessary to submit a corresponding application to him. It is drawn up in any form and is entitled “Application for criminal prosecution for malicious evasion of payment of alimony.”

In it, in addition to the coordinates of the FSSP department and the bailiff himself, it is necessary to indicate the data of the defaulter, the circumstances of the case (including how, when and in what form alimony should have been paid) and the requirement to bring the defaulter to criminal liability. If your demands are legal, a criminal case will be opened and then sent to court. Applications to the bailiff for malicious non-payment of alimony can be found here.

Signs of malicious evasion

Not every debtor can be prosecuted. A debt to pay financial support can arise regardless of the citizen’s intentions. Various life situations cannot be excluded in which a person is unable to repay the debt (dismissal, long-term hospital treatment).

Even if a court case is initiated for prosecution, in the absence of intent, a person will be able to prove his innocence and avoid criminal liability. To do this, you must provide documents confirming the reasons for the lack of income.

Facts confirming malicious evasion:

• concealment of salary, other income and valuable property;
• change of permanent and temporary registration;
• reluctance to look for permanent employment;
• long period of evasion of obligations (from 4 months);
• formation of large amounts of debt.

Concealment of wages and other types of income

The most popular type of collection of funds for the needs of disabled relatives is a percentage ratio. For example, for one child, a person pays 25% of the salary and all other income provided by law.

A citizen is obliged to inform the bailiff about all income and valuable property that belongs to him by right of ownership. For its part, the contractor is obliged to make inquiries to banking organizations about the availability of accounts and deposits, to Rosreestr, about the availability of real estate and land plots. It is possible to request information from other organizations to identify property that the payer has not reported.

Actions aimed at concealing information about income received (gray or black salary, unofficial employment), transferring property to third parties (to parents, so as not to pay funds for the child) are qualified as evasion of payments. Performed repeatedly or in conjunction with other measures to illegally reduce or refuse to make payments are signs of maliciousness.

Change of debtor registration

Changing the registration and hiding this fact from the bailiff is a violation on the part of the payer. If the ex-husband is hiding and does not make timely payments, then the bailiff is obliged to put him on the wanted list.

Actions aimed at complicating the work of the SSP recognize evasion of payment of financial support for relatives as malicious.

Refusal of employment

Reluctance to find a job is understood as a regular change of jobs for any reason (dismissal at the initiative of the employer or alimony provider). In the absence of official employment, the payer is required to register with the Employment Center in order to select a suitable vacancy.

Refusal to look for work or frequent changes of jobs is classified as malicious evasion of supporting family members.

Evasion period and amount of debt

If you refuse to pay financial support for your relatives for a long time, a large debt is formed. If a child support worker has a debt, the law allows 70% of his income to be withheld to pay it off.

A citizen’s refusal to deposit funds for 4 or more months is grounds for bringing the person to justice. The size of the debt does not matter.

When can they be imprisoned?

Of course, a person in 2020 can be sent to prison for failure to pay child support, but this requires certain conditions. The most important of these is the presence of debt. However, the Family Code does not clearly define its size.

But there you can also find another condition: the accumulation of debt must be carried out precisely through the fault of the debtor.

This may be indicated by factors such as:

1. Intentional refusal to make payments, despite the fact that the debtor was aware of the fact of the debt.
2. Change of residential address without prior notification to the recipient of the finance.
3. Concealing income or a certain part thereof, as well as some valuable property, from the other party and representatives of the law.
4. Changing the place of earning money without prior notice to the parties.
5. Intentional reluctance to officially find a job after dismissal on one’s own initiative. At the same time, the alimony worker does not have to be registered with the local employment center.
6. Entering false information about your own income or yourself when filling out a form from a bailiff.
7. Continued evasion of payments even after notification of liability.

If there are facts indicating a person’s guilt, the bailiffs undertake to apply administrative punishment against him.

Can a child support worker go to jail?

The level of liability of the payer directly depends on the degree of his guilt. Evasion for a long time, negative characteristics, a criminal record, a large amount of debt, refusal to correct the situation can lead to the most negative consequences. Let's consider whether people are sent to prison for failure to pay child support?

The maximum penalty for an alimony payer is actual imprisonment. Its period cannot exceed 1 year. The initiator of the legal proceedings must be the recipient of the funds. The application is submitted to the bailiff.

The disadvantage of this type of punishment is that the parent has a criminal record for committing a crime. The father's criminal record is a prohibition for the child to enter educational institutions of the police, prosecutor's office, and work in the municipal and state civil service.

However, while in prison, a citizen is obliged to work and partially pay off the accumulated debt.

Grounds for attraction under Art. 157 of the Criminal Code of the Russian Federation in Russia in 2020

Alimony obligations are established by Ch. 13,14 and 15 IC of the Russian Federation. For failure to comply with the terms of an agreement on the payment of alimony, a court order or IL, the debtor may be brought to the MA, but with some reservations:

1. First, the bailiff must use other measures of influence, including attraction under Art. 5.35.1 Code of Administrative Offenses of the Russian Federation. A debtor who has not been punished under the Code of Administrative Offenses cannot be convicted.
2. The severity of the act is important. If a person did not pay alimony without malicious intent, but due to unfavorable circumstances for him, it is impossible to initiate a criminal case. Even if the documents are filed in court, if evidence is presented, the defendant may be acquitted.
3. Repeatability also matters, i.e. failure to receive payments more than twice. If the debtor was punished under Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation and at the time of non-payment will be subject to punishment, but if the delay was committed once, it will not be possible to bring it to the administrative authority.

Example:

Administrative responsibility

Guided by Federal Law No. 229-FZ dated October 2, 2007, the bailiff has the right to independently initiate administrative proceedings against the debtor. But the claimant also has the right to submit an application. Punishments are prescribed by the court, formalizing everything with an appropriate resolution.

What threatens the defaulter according to Art. 5.35.1 Code of Administrative Offenses of the Russian Federation:

1. compulsory work up to 150 hours or arrest for 10-15 days;
2. a fine of 20,000 rubles if work or administrative arrest cannot be applied to the debtor.

According to Art. 3.9 of the Code of Administrative Offenses of the Russian Federation, arrest means keeping the debtor in isolation. It cannot be applied to pregnant women, women with children under 14 years of age, minor citizens, military personnel, disabled people of groups 1 and 2, as well as employees of the Ministry of Internal Affairs, the Ministry of Emergency Situations, the Investigative Committee, the Department of Internal Affairs, and the Federal Penitentiary Service.

The above-mentioned persons can only be fined for failure to pay alimony. But this does not mean that they will not be brought to the management in the event of malicious non-payment in the future.

Criminal liability

As mentioned earlier, initiate a case under Art. 157 of the Criminal Code of the Russian Federation is possible only in relation to defaulters who have previously been subject to administrative sanctions for non-payment of alimony. If the defaulter deliberately evades obligations to a minor child, the court may impose one of the following penalties:

• work for a period of up to 12 months on a correctional or compulsory basis;
• application of arrest for a period of up to three months;
• imprisonment in a penal colony for up to 1 year.

Other factors are also important:

The severity of the act. This involves deliberately delaying payments without good reason for more than four months, concealing property or earnings by the debtor to claim to cover debts, changing the place of residence or work without notifying the bailiff, and providing false information about employment. Presence of guilt

It is important that the debt of a person previously brought to administrative responsibility arises precisely through his fault

The size of the debt does not matter. This is due to the fact that child support can be collected in three ways: as a share of the salary, in a fixed amount of money, or mixed (in shares and in a fixed amount at the same time). In addition, each payer has a different level of income, so the courts focus on the period and reasons for non-payment, and not on the total amount.

Procedure for criminal prosecution

The procedure begins with an application from the claimant or collection of documents by the bailiff in charge of the case. The whole process looks like this step by step:

1. Administrative proceedings are initiated. The resolution is drawn up by the bailiff and signed by the head of the FSSP unit. Next, the documents are submitted to the investigator.
2. The investigator determines the existence of an offense, and the defaulter is sent documents of intent to initiate proceedings under the Code of Administrative Offenses of the Russian Federation with a requirement to repay the debt. If the debt is not repaid within the established time frame, the case materials are sent to court.
3. Administrative proceedings are initiated in court and a hearing is scheduled.
4. Based on the results of the proceedings, a decision is made to bring the person under the Code of Administrative Offenses of the Russian Federation, and a punishment is imposed.
5. The debtor fulfills the punishment, but does not repay the debt, and non-payment continues. Alimony is not received by the claimant for more than 3-4 months.
6. The claimant submits an application to attract alimony obligee under Art. 157 of the Criminal Code of the Russian Federation. The bailiff himself has the right to initiate the procedure. The documents are again sent to the investigator to determine the corpus delicti and other measures.
7. The case materials are transferred to the court. At the hearings, the arguments of the accused and the prosecution are considered. The verdict is passed.

How to avoid imprisonment

The law provides for mitigating circumstances for defaulters, on the basis of which a prison sentence is not threatened. These include:

• loss of work for reasons beyond the debtor’s actions;
• registration with the central registration center;
• long-term illness causing disability;
• transfer of funds personally to the recipient against receipt;
• making minimum payments to pay off the debt.

The list is not final. Other objective reasons why a citizen could not contribute funds are also accepted as grounds, but he takes measures to eliminate the debt to the best of his ability.

Does the payer's fault matter?

If the payer’s guilt is proven and it is established that debts for non-payment of alimony arose intentionally, then the punishment is imposed taking into account the degree of his guilt. It happens that the debtor turns out to be not guilty, then he is released from paying the debt.

The payer is notified in advance of the amount of the amount to be paid and its period. If the amount is not paid on time, he becomes a debtor. To understand what measure to use to punish the debtor, you need to know why he does not pay alimony and how long it lasts.

The nature of non-payment may be:

• unintentional. The payer got sick, wages were delayed, job loss, moving to another city, difficult life circumstances, or other debts.
• deliberate. Changing your place of residence without notice, concealing your income, concealing your identity in the city. This also includes refusal to register with the employment center, ignoring notices and warnings of liability. The presence of debt must be established; the alimony has not been paid for more than 4 months.

In case of unintentional failure to pay alimony, no one will release the payer from his obligations. However, in the event of force majeure, there is a chance to avoid criminal liability and achieve a reduction in the amount of the penalty for the debt, as well as reduce the alimony debt itself.

The reasons for non-payment may also be affected by force majeure circumstances: natural disaster, military operations, man-made accident, or any other force majeure.

Another valid reason for non-payment may be:

• failure to transfer funds from the payer’s place of work due to the fault of the accounting department;
• stoppage of production/suspension of the company's activities by the judicial authorities;
• system failure at the bank;
• other reasons that do not depend on the will of the payer.

If it is proven that the alimony payer is not guilty of the debt, then he will be released from penalties. The guilty person will be held accountable and will be punished for his negligence.

IMPORTANT: Absence of guilt will not relieve the debtor from complete non-payment of alimony. If the life circumstances of a draft dodger change, for example, loss of a job, financial situation, or state of health, it is possible to reduce the amount of the monthly amount paid. But repayment of debt must be mandatory.

Consequences for a willful defaulter

The law provides for a wide range of penalties for persons who do not want to pay funds to disabled relatives. It includes:

• penalty;
• liability in accordance with the Code of Administrative Offenses of the Russian Federation;
• criminal penalty.

The right to collect penalties rests with the recipient of the funds. A statement of claim for civil liability is filed if there is a delay. Cash is credited at the rate of 0.5% of the debt amount per day. The recipient has the right to apply a penalty as an independent punishment or together with other measures of liability.

Responsibility measures for non-payers of financial support for relatives are widely presented in the Code of Administrative Offenses. These include:

• fine up to 20 thousand rubles;
• deprivation of the right to drive a car for a debt of 10 thousand rubles;
• ban on traveling abroad;
• administrative fine from 1 thousand rubles. up to 2.5 thousand rubles;
• compulsory work (no more than 150 hours);
• administrative arrest (from 10 to 15 days).

Since 2020, criminal liability has been applied to payers of financial support for relatives in the country. The question arises, can they be sent to prison for failure to pay child support?

The law provides for the following types of punishment for persons who maliciously evade payments:

• arrest;
• executive or forced labor;
• prison term.

Application of criminal liability is possible only at the request of the claimant.

Important! Bailiffs do not have the right to independently initiate legal proceedings.

Deprivation of the rights of a parent in relation to a child is one of the options for punishing a willful defaulter. If a citizen does not take measures aimed at restoring his rights, then the minor can be put up for adoption (in the absence of a second parent) and freely move outside the country without the consent of the deprived father.

How much child support do you have to avoid paying to get jailed?

There is no unambiguous link to the terms or amounts of debts here - a preventive measure in accordance with the Criminal Code of the Russian Federation is appointed after repeated violations are recorded, especially if they occurred during the execution of an already imposed punishment of lesser force.

As for administrative liability, according to the Code of Administrative Offenses, the alimony provider can be brought to it within two months after the initiation of enforcement proceedings, which occurs on the basis of an agreement/judicial act and a statement from the interested party.

Prosecution Actions

The main condition for bringing to responsibility is the statement of the recipient of the funds. The exception is Art. 17.14 of the Administrative Code, in accordance with which a fine is imposed at the request of the bailiff.

In other cases, it is necessary to prove the citizen’s intent to evade payments and create debt.

To use the penalties provided for by law, the following conditions must be met:

1. The parties have a document on alimony payments (notarial agreement or writ of execution).
2. The document was submitted for enforcement to the FSSP.
3. The payer has been avoiding making payments for 4 or more months.
4. The actions of the alimony provider show signs of malicious evasion.
5. The citizen was repeatedly brought to administrative responsibility under Art. 5.35.1 and 17.14 Code of Administrative Offences.
6. The recipient submits an application and explanation to bring the debtor to criminal liability for non-payment of funds.

Signs of evasion of alimony obligations

Failure to fulfill alimony obligations will be considered an administrative violation or crime if the debtor:

1. Hides part of his income. When collecting funds, almost all sources of income of the alimony worker are taken into account, and if he conceals one or more of them, his actions may be defined as criminal.
2. Indicates incorrect registration information. Unscrupulous debtors do this to make it more difficult for bailiffs to find them or to deliberately delay the legal process. But such manipulations are easy to detect and stop.
3. Lack of interest in employment. Some alimony recipients, in order to avoid wage deductions, quit their last known job, start working unofficially, or persistently refuse to find a sufficient and stable source of income. If such actions go beyond the law, the debtor must be held accountable.
4. Late payment of alimony. The agreement or court decision specifies the date or period of time within which the agreed amount must be transferred to the recipient's account. If this does not happen, the claimant or his trustee has the right to contact the relevant authorities.
5. Incomplete repayment of material obligations. The amount determined by the parties or the judge must be paid in full or more. Debt on it is unacceptable.
6. Violation of other key clauses of the contract or writ of execution. The payer, for example, may begin to transfer funds in a way that is inconvenient for the recipient, which is why he will not be able to use it. This and any other deliberate opposition must be stopped with adequate accountability.

Any of the above situations can have dual motives. For example, late payment will only result in punishment if it is found to be intentional. If the reason for such a violation was a delay in wages, serious financial difficulties or other unforeseen situations, the judge will enter into the position of the debtor and offer to resolve the problem more leniently.

Arbitrage practice

Submission of documents to the court is preceded by the procedure for preparing a court case. It is a package of documents that make up the evidence base. To form it, the following procedures are carried out:

• the circumstances of the case are established (reasons for non-payment and their validity);
• information about the payer is collected (address, marital status, position and place of work, types of income, amount of debt, timing of debt formation);
• sending a warning about the possibility of applying criminal liability for evasion of payment of financial support 2 times;
• drawing up a bailiff's report;
• collection of evidence;
• sending the case to court.

If the recipient is interested in holding the alimony payer accountable, he can take an active part in preparing the evidence base. Additionally, he will be involved in the trial.

Can't do without a trial

What is the algorithm by which civil, criminal or administrative liability is imposed on the debtor for non-payment of alimony?
First of all, the recipient of alimony must file a claim in court to collect the debt. Having satisfied the claim, the court issues a writ of execution, which must be sent to the bailiff service. The bailiffs, in turn, are obliged to begin enforcement proceedings within 10 days and take all measures to repay the debt by the defaulter. If the debtor does not cooperate, does not respond to written warnings (there should be two of them), then the bailiffs begin collecting information about the debtor - about his income, place of work, reasons for non-payment, etc. This information forms the basis of the criminal case.

Unfortunately, many recipients of alimony are faced with a situation where bailiffs are not actively involved in debt collection. In this case, the recipient can go in two ways - you can submit an application to the bailiff himself to hold the debtor accountable. Or you can complain to the management of the FSSP department about the actions or inaction of the bailiff. Now let's look at the whole process in more detail.

Conditions for applying liability measures

Responsibility measures are applied in stages. The recipient must contact the bailiff with an application for administrative liability. The executor can draw up 2 protocols at the same time (according to 5.35.1 and 17.14 of the Administrative Code).

Important! A protocol under 5.35.1 of the Code of Administrative Offenses is drawn up exclusively in the event of non-payment of funds collected in relation to children (minors or disabled) and parents.

If there are grounds for imposing measures, the case under 5.35.1 of the Code of Administrative Offenses, compiled in relation to a minor child, is sent to the district KDN and ZP.

The issue of bringing to responsibility is considered by a commission. The debtor's attendance at the meeting of the Control Committee and the ZP is desirable.

The law provides for priority in imposing punishment in the form of compulsory labor and administrative arrest. How long can you be imprisoned for failure to pay child support? The person is placed in custody for a period of no less than 10 and no more than 15 days.

The punishment is chosen by the commission members individually, depending on many factors. These include both objective reasons (evidence base) and subjective reasons (the debtor’s behavior at a commission meeting or repeated failure to appear).

In practice, a fine of 20 thousand rubles is more often imposed. If a citizen behaves defiantly or aggressively, or maliciously evades attendance at a meeting of the Committee for Disciplinarity of People and Laws, members of the commission may vote for administrative arrest.

The protocol drawn up in relation to disabled children and parents is submitted for consideration to the district administrative commission. The same penalties apply.

To deprive the right to drive a car, it is enough for the bailiff to notify the citizen about the existence of a debt in an amount exceeding 10 thousand rubles. Moreover, the person is considered notified, even if he did not receive the document.

If payment is not made within 5 days, the executor draws up a decree on deprivation of rights. It is signed by the senior bailiff and handed over to the debtor. From this moment on, the citizen is prohibited from driving a car.

Important! The ban on traveling abroad is imposed solely by judicial procedure. The application of such a measure of liability is not consistent with the recipient of funds.

If all of the above measures do not produce a positive result (the citizen has not repaid the debt), criminal liability measures are applied as the next stage of punishment.

Although the law provides for the possibility of using correctional or forced labor and arrest, only forced labor is actually used. There are no specialized institutions in the country for the execution of punishment in the form of long-term arrest.

Correctional work is applied to persons who have a permanent place of work. Otherwise, the only measure of criminal liability actually applied to willful defaulters is imprisonment for up to 1 year.

How to bring about arrest

In 2020, a person may not be sent to a correctional facility immediately for failure to pay mandatory monthly payments; before that, he may simply be imprisoned for 15 days.

So, if the defaulter decides to ignore all the measures previously applied to him, then the bailiff can take all the necessary actions in order to bring him to administrative liability.

See how to get a quota for temporary residence permit. The procedure for entry and exit of foreign citizens into the Russian Federation. Find it at the link.

To do this he:

1. Draws up the appropriate protocol.
2. Submits the paper to the court.
3. Arrives at the court (the debtor must also appear with him, which is ensured by the bailiff).

After this, a decision is made to impose liability on the alimony provider, which can be in the form of an arrest. At the same time, the senior bailiff must be given a copy of the document, according to which he will be able to control whether the culprit serves the sentence received.

If a person has been arrested, he will in any case serve his own sentence not in prison, but in a special detention center. It includes individuals who have been subject to liability in the form of arrest.

Application of administrative arrest for alimony payer

Let's consider whether they can imprison you for alimony. One option is short-term imprisonment for up to 15 days. It is provided as a liability for persons who evade financial support from relatives, withheld forcibly.

Reasons for applying liability:

• refusal to make payments without good reason;
• the period of evasion is 2 months or more.

Administrative arrest is a priority form of punishment for defaulters who do not have a permanent place of work. If there is official employment, the alimony worker receives up to 150 hours of compulsory work. The place of serving the sentence is the place of work.

If conditions for serving a sentence in the form of administrative arrest are not created in the citizen’s territory of residence, the unemployed person receives a fine of 20 thousand rubles.

Important! The law provides for the obligation of regulatory authorities to order the serving of administrative arrest in an institution geographically located as close as possible to the defendant’s place of residence.

What threatens

Russian authorities, based on respect for the legal rights and interests of the child, try to direct unscrupulous alimony payers “on the right path” by any legal means. Therefore, the choice of punitive measures and penalties is quite extensive.

Administrative responsibility

If the payer does not fulfill his financial obligations in relation to children or elderly parents, administrative measures may be applied to him (Administrative Code of the Russian Federation, Art. 5.35.1):

• compulsory work for up to 150 hours ;
• administrative arrest with detention in a correctional facility for up to 15 days ;
• imposition of an administrative fine in the amount of 20,000 rubles .

Revocation of driver's license

The law, which came into force in January 2020 and amended the existing legislation on enforcement proceedings, has truly become a salvation for many women expecting money from their ex-husbands to support their children ( Federal Law No. 661379-6 ).

If you do not pay alimony and the amount of debt is more than 10,000 rubles , your driving privileges may be limited.

More than 50% of the male population of our country are engaged in private transportation using their own vehicles, and almost 90 use cars for personal and/or production purposes. That is why the high effectiveness of this type of fight against defaulters on alimony obligations is obvious. The rights will be returned to the debtor after payment of the entire amount of alimony arrears.

Deprivation of paternity

Another harsh, but fair and logical measure of punishment for a persistent non-payer of alimony is deprivation of paternity and, accordingly, parental rights in relation to the child receiving alimony.

Of course, such a decision will not bring money to the child’s mother, but it will provide other opportunities that were previously unavailable:

• free travel with the child outside the Russian Federation;
• the possibility of freely changing the child’s last name, first name or patronymic;
• an official ban on the ex-spouse from meeting the child;
• adoption of children by a new spouse without the consent of the former.

Fine

If a representative of the payer’s party has reliable information about the payer’s evasion from fulfilling its obligations to pay alimony, he can go to court.

If such a fact is confirmed, the defaulter will be obliged to pay not only the amount of alimony debt, but also a fine imposed by the judge.

On average, the size of such a fine is about 100 minimum wages (minimum wage = 7,500 rubles , fine 75,000 rubles ).

Jail

The payer faces actual imprisonment if there are all the signs of malicious evasion from fulfilling alimony obligations, and if all warnings from bailiffs are ignored.

It is important to remember that not only alimony payers, but also their recipients can behave dishonestly.

Collect documentary evidence of the transfer or transfer of funds so that one day you do not end up in prison on false charges from your ex-wife.

For information on how to negotiate alimony payments peacefully, read the article: agreement on alimony payment. Do you want to know how child support is reduced when a second child is born in a second family? See here.

Details about the average salary in Russia for calculating alimony are written here.

Is it possible to deprive a child support holder of parental rights?

Refusal of material support is a violation of the property rights of a minor. Malicious evasion may result in deprivation of rights.

Parents are subject to additional liability for failure to pay funds for a minor child. Deprivation of rights is a sanction that applies exclusively to parents. It is not mandatory and is applied at the discretion of those providing child protection.

The initiator of deprivation of parental rights may be:

• second parent;
• legal representative (guardian, trustee, foster parent, head of an organization for orphans);
• specialists from child protection authorities (guardianship department, prosecutor's office, KDN and ZP).

Deprivation of rights does not have to be applied jointly or after criminal liability. An authorized person has the right to file a claim in case of repeated application of administrative punishment.

Only a court can deprive rights. In this case, the responsibilities of the parent are retained in full. The alimony obligee remains in arrears in payments incurred before the court's decision. After the decision is made, the obligation to provide financial support is not canceled. Collection continues to the extent previously assigned.

If both parents are deprived of the rights of a minor, if there are candidates, he may be put up for adoption. It is possible to adopt a child no earlier than six months after the court decision on deprivation of rights comes into force.

After adoption, the parent loses not only his rights, but also his responsibilities towards the minor. From the moment the court decision on adoption comes into force, the citizen no longer has to pay alimony.

The decision to terminate payments is not made by the debtor independently. He must provide the SSP with a court decision on adoption or a copy thereof certified in court.

Important! Debt incurred before adoption is not written off. Enforcement proceedings to collect the debt continue.

In exceptional cases, the court may leave the obligation to pay child support to the blood parents.

In what cases is it impossible to jail for non-payment?

It will not be possible to subject a potential payer to criminal punishment if:

1. The court will find the reasons for non-payment valid.
2. The interested party is making his claims for the first time.
3. The alimony provider will challenge the existence of family ties with the recipient.
4. The dishonesty of the recipient will be proven in court (for example, the father who filed for alimony did not pay his son himself, etc.).
5. The violation was committed once or after the expiration of the period for bringing to administrative responsibility.

In such situations, the alimony worker is not only not imprisoned, but may also have the amount withheld reduced or exempted from paying it completely.

The question of whether a debtor is imprisoned for failure to pay alimony is within the competence of the judge, and it will be extremely difficult for a person without sufficient experience and practice to predict his decision.

Our lawyers will help you understand it and, if possible, influence it. They work 24/7 and are ready to provide a free consultation right now.

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The threat of criminal liability is an effective measure

The introduction of liability in the form of imprisonment into the Criminal Code has not only a literal purpose. Until 2020, persons who did not want to contribute money to support disabled relatives could evade payments indefinitely.

The law provides for the possibility of transferring a case to court if there are two notifications to the alimony payer about the possibility of applying criminal liability measures. The lack of evidence, including a warning to the citizen, is a reason for release from imprisonment.

In most cases, debtors are influenced by the very mention that the next stage of evasion will be criminal liability and, as a consequence, imprisonment. Those obliged to pay alimony doubt until the last moment whether they can be imprisoned for non-payment of alimony. Changes in 2015 made it possible to apply such a measure of responsibility. A person who has been maliciously evading payments for a long time may receive a sentence of up to 12 months.

How to go to jail for alimony: conditions for establishing such a punishment

The impending prison sentence acts as a catalyst for the negligent parent.
Not every debtor can be imprisoned for failure to pay alimony, since life is unpredictable, and a person can lose his job at any moment. Therefore, judges consider each case in connection with the individual circumstances under which they may be imprisoned for unpaid alimony. According to Article 157 The Criminal Code of Russia allows a persistent offender to be imprisoned for alimony if his behavior confirms the signs of a crime. The question arises: can they be imprisoned for failure to pay child support? A malicious evader who should be given a prison sentence for failure to pay alimony is considered to be a person who commits the following actions:

• non-payment of money for more than 4 months;
• change of place of registration;
• concealment of income;
• being wanted due to non-payment;
• reluctance to look for work;
• formation of significant alimony debt.

What are the risks of delaying payments?

The funds are transferred to the recipient either by the payer himself, or are withheld from his salary by the enterprise and transferred to the required address.
The second method is used as more reliable, since it eliminates as much as possible the possibility of interruptions and delays in payments. However, delays in the transfer of amounts still occur. And this despite the fact that the obligation to withhold part of the salary and transfer it as alimony is assigned to the administration by the court. Alimony must be withheld from the time the organization receives the writ of execution. For each payment, a short period of time is established - 3 days from the moment the employee’s earnings are accrued. If the company has ceased to fulfill this obligation, then there are certain reasons for this:

• The need for payment has disappeared.
• The employee is fired.
• The accounting staff were negligent.

In the first case, the child may reach the age of 18, as well as the presence of other circumstances specified in the law. In the second situation, the employer changes, and he must now deal with withholding funds. The third case is related to the improper performance of the accounting department's duties. If this happened once, then you can forgive it. But systematic delay requires intervention.

To do this, you need to submit an application to the management of the enterprise and register it with the secretary. You must write it in two copies, and keep one for yourself. The employer is obliged to respond to the appeal. Such “correspondence” can be useful when considering a case in court. As practice shows, disciplinary action by management on accounting employees eliminates errors in their work.