Administrative liability for evasion of alimony payments

How to bring to administrative responsibility? Step-by-step instruction

The algorithm for bringing to administrative responsibility for non-payment of alimony is carried out in accordance with the Letter of the FSSP dated 07/05/2016 No. 0043/16/60663-СВС and Federal Law No. 229:

1. The bailiff, within 2 months after the initiation of the IP, takes measures to forcibly withhold alimony and fulfill the requirements of the enforcement documents.
2. If payment is not made for more than 2 months, the debtor is summoned to the FSSP to give an explanation. If there are no valid reasons, a protocol is drawn up and the case is sent to court.
3. Proceedings are carried out in a judicial body within the framework of the Code of Administrative Offenses of the Russian Federation. The case is being prepared for consideration in accordance with Art. 29.1.
4. The court's decision to prosecute is made 2 months from the date of receipt of documentation from the bailiffs. Extension of deadlines is allowed, but not more than 1 month.

If administrative arrest is used as a punishment, the case is considered on the day the protocol is received by the court. When a citizen is detained, a court order is issued no later than 48 hours from the moment of his arrest.

The claimant himself has the right to file a claim in court. To do this, you need to collect all evidence of non-payment and proceed as follows:

1. Order from the bailiff a decree on debt settlement. It will reflect when the last payment was made, the total amount of debt and the period of non-payment.
2. File a claim and submit it to the Magistrates' Court. The claim can reflect the collection of a penalty - 0.1% of the total debt for each day.
3. Obtain a court order and IL. The case is considered with the participation of a bailiff, administrative measures are applied immediately after a decision is made on the case.

Where to contact?

The claimant has the right to independently choose the government body for the proceedings - the court or the FSSP. It is recommended to contact bailiffs at the initial stages.

How to make a petition?

There is no unified application form to the FSSP for prosecution. To fill it out, you can use a current example:

Documentation

To initiate an administrative case, the claimant must provide the bailiff with a written petition and a passport. It is recommended to order a resolution on debt settlement in advance. IL and a child’s birth certificate will not be needed - copies of them are already in the production materials.

Terms of consideration and attraction

The claimant's application is considered by the bailiff within 10 days from the date of receipt. During this time, a decision is made to transfer the case materials to the court.

The consideration in court is carried out within 15 days. If detention is applied, the decision is made no later than 48 hours.

What is administrative liability and what are the consequences of its presence?

There is an opinion that administrative liability is one of the mildest measures of influence on violators of the law. On the one hand, this is true. Many citizens transfer symbolic amounts of fines to the state budget for minor offenses, and think that this is where it all ends. But this is a mistaken opinion.

First of all, data on prosecution is stored for quite a long time, and if a citizen is prosecuted for a similar offense repeatedly within a year, the penalty increases significantly and this is not all the consequences. In particular:

• if there is a suspended sentence for a criminal offense, the penalty may be replaced by imprisonment;
• it is practically impossible to renew a weapons license, as well as to obtain it initially;
• Department of Internal Affairs employees may be dismissed for inadequacy of their position;
• It will be impossible to obtain a visa for some countries.

Of course, by virtue of Art. 4.6 of the Code of Administrative Offenses of the Russian Federation after 12 months, persons are no longer considered punishable, but some consequences may occur in the longer term. What does it mean? For example, when joining a law enforcement agency, the biography must be completely clean; prestigious security agencies have similar requirements. Other employers can also check for violations, especially if the branch is abroad.

Administrative punishment for non-payment of alimony in 2020

Punishments in the form of imprisonment or detention are regulated by the Criminal Code. Thus, Article 157 of the Criminal Code of the Russian Federation states that liability and criminal punishment will be imposed in the event of malicious evasion of alimony payments. This means that the alimony payer has not paid child support for several months.

Non-payment of child support and possible action in 2020

• In what cases is failure to pay child support considered an offence?
• Administrative responsibility;
• Sample application;
• Features of bringing to responsibility;
• Criminal penalty;
• In what cases can a violator avoid liability?

• presence of credit obligations;
• dismissal from work;
• bankruptcy of the organization in which the payer worked;
• temporary or permanent disability;
• disability;
• retirement;
• the presence of other financial civil obligations.

Not all parents are ready to honestly fulfill their financial responsibilities to their child. Some payers begin to maliciously evade paying alimony, to the point that the amount of debt accumulates for more than a year and reaches large sizes. In this case, Russian legislation protects the rights of children, so there are certain penalties for such defaulters. Further in the article we will consider the law for non-payment of alimony in 2020 and what awaits such a debtor.

Types of punishment for non-payment of alimony

Child support debt can arise for various reasons. In some cases this is the fault of the payer, and in others it is not. Various penalties are applied to those debtors who maliciously evaded their duties. If the payment of alimony has stopped due to no fault of the debtor, he may be released from the corresponding debts.

In order to bring a person to criminal liability, the offense must contain such a necessary qualifying feature as maliciousness, which will characterize the non-payment itself. It is worth remembering that since this term belongs to the category of evaluative concepts, the legislator does not explain it in any way, and therefore both the investigative authorities, reacting to the corresponding statement, and the court in such cases appeal to judicial practice.

1. The bailiff transmits information about the decision made to the traffic police.
2. The State Traffic Inspectorate authorities independently carry out the procedure for suspending the right to drive a vehicle without physically confiscating the document.
3. At the first check of documents, the driver will be stopped and given an initial warning.
4. Repeated verification of documents and identification of the fact of evasion from fulfilling one’s alimony obligations will entail punishment in the form of compulsory labor or deprivation of the right to drive for up to a year.

Bringing to administrative responsibility for non-payment of alimony in 2020

It should be noted that relatively recently the wording “malicious evasion”, which was considered decisive in qualifying the crime, was removed from the above norm. This concept included, in particular, evasion of obligations to pay alimony that lasted more than four months, accompanied by ignoring notices from bailiffs.

1. Order from the bailiff a decree on debt settlement. It will reflect when the last payment was made, the total amount of debt and the period of non-payment.
2. File a claim and submit it to the Magistrates' Court. The claim can reflect the collection of a penalty - 0.1% of the total debt for each day.
3. Obtain a court order and IL. The case is considered with the participation of a bailiff, administrative measures are applied immediately after a decision is made on the case.

Regulatory framework

Who is required to pay child support?

According to Art. 80
Family Code of the Russian Federation, parents are obliged to support minor children. The following are not exceptions: lack of employment, disability, restrictions on parental rights. Child support payments are due on:

• minor children;
• disabled adult children;
• children without parental care.

Alimony is assigned to the parent who leaves the family, leaving a common child with the second spouse.

A notarized agreement can be reached between the former spouses, where they themselves agree on the amount, method, and frequency of payment of funds. The amount of one payment per month should not be lower than what the court could order.

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If the father refuses to pay child support, does it irregularly, less than the agreed amount, or hides his sources of income, the mother can sue to force the collection of money for child support.

The case is heard in court, after which a decision is made, where the monthly amount of payments is established. The amount can be fixed or shared, which depends on the amount of wages.

A mother who leaves her children to their father is not exempt from paying alimony for their maintenance. The ex-husband also has the right to sue to recover funds.

There are more and more similar cases when a woman leaves the family, leaving the child with her ex-husband.

Reasons for debt

All the reasons why a child does not receive the support he is entitled to from his parents can be divided into valid and not. It happens that a parent obligated to pay child support is unable to do this for objective reasons. For example:

• long-term serious illness or disability;
• loss of ability to work for any other reason, temporary or permanent;
• loss of permanent job, including due to illegal dismissal;
• moving outside the country;
• retirement, including early retirement;
• credit burden or bankruptcy;
• payments under other executive documents, etc.

But even such good reasons do not mean that you can not pay alimony. However, the court will definitely take them into account when the second parent applies for liability for late payment of child support. The result may be a reduction in the amount of payments or the abolition of penalties provided for non-payment of alimony.

How to bring to administrative responsibility? Step-by-step instruction

The algorithm for bringing to administrative responsibility for non-payment of alimony is carried out in accordance with the Letter of the FSSP dated 07/05/2016 No. 0043/16/60663-СВС and Federal Law No. 229:

1. The bailiff, within 2 months after the initiation of the IP, takes measures to forcibly withhold alimony and fulfill the requirements of the enforcement documents.
2. If payment is not made for more than 2 months, the debtor is summoned to the FSSP to give an explanation. If there are no valid reasons, a protocol is drawn up and the case is sent to court.
3. Proceedings are carried out in a judicial body within the framework of the Code of Administrative Offenses of the Russian Federation. The case is being prepared for consideration in accordance with Art. 29.1.
4. The court's decision to prosecute is made 2 months from the date of receipt of documentation from the bailiffs. Extension of deadlines is allowed, but not more than 1 month.

If administrative arrest is used as a punishment, the case is considered on the day the protocol is received by the court. When a citizen is detained, a court order is issued no later than 48 hours from the moment of his arrest.

The claimant himself has the right to file a claim in court. To do this, you need to collect all evidence of non-payment and proceed as follows:

1. Order from the bailiff a decree on debt settlement. It will reflect when the last payment was made, the total amount of debt and the period of non-payment.
2. File a claim and submit it to the Magistrates' Court. The claim can reflect the collection of a penalty - 0.1% of the total debt for each day.
3. Obtain a court order and IL. The case is considered with the participation of a bailiff, administrative measures are applied immediately after a decision is made on the case.

Where to contact

The claimant has the right to independently choose the government body for the proceedings - the court or the FSSP. It is recommended to contact bailiffs at the initial stages.

How to make a petition

There is no unified application form to the FSSP for prosecution. To fill it out, you can use a current example:

Procedure and procedure

To collect alimony through the court, the recipient must perform a number of actions:

• Contact the payer with a proposal to conclude an agreement (if possible).
• Prepare the necessary documentation package.
• Draw up an application for an order or a statement of claim.
• Submit the document to the court.
• Take part in the trial (the order will be issued without the participation of the parties).
• Receive a decision and a writ of execution after the act comes into force (the order will serve as a decision and a writ of execution at the same time).
• Contact the FSSP to initiate enforcement proceedings.

Statement of claim

The current legislation does not provide for filing a claim in connection with non-payment of alimony to bring the defaulter to justice.

The only exception is the collection of penalties for non-payment of alimony, which can take place in parallel with bringing the defaulter to justice.

Documentation

To initiate an administrative case, the claimant must provide the bailiff with a written petition and a passport. It is recommended to order a resolution on debt settlement in advance. IL and a child’s birth certificate will not be needed - copies of them are already in the production materials.

Terms of consideration and attraction

The claimant's application is considered by the bailiff within 10 days from the date of receipt. During this time, a decision is made to transfer the case materials to the court.

The consideration in court is carried out within 15 days. If detention is applied, the decision is made no later than 48 hours.

Expenses

When submitting documents to collect alimony debt, the state duty is 150 rubles (Article 333.19, clause 1, clause 14). However, according to Article 333.36 of the Tax Code of the Russian Federation, the plaintiff for such applications is exempt from paying state duty. There is no contradiction here, since if the plaintiff is exempt from payments, the defendant must pay 150 rubles.

Arbitrage practice

The case described below was considered by a magistrate at court site No. 3 in the Semiluksky judicial district of the Voronezh region in July 2017.

The ex-husband, being the parent of a minor daughter, did not comply with the court decision to pay alimony, as well as the bailiff’s order to initiate enforcement proceedings against him and collect alimony debt dated November 11, 2010. The accused did not provide valid reasons explaining his behavior. Previously, the ex-husband was not subject to administrative punishment under Article 5.35.1, therefore, no crime was found in his actions.

A protocol on the presence of an administrative offense in the actions of the ex-husband was written by the bailiff and handed over to the magistrate for consideration. The accused explained in court that he knew about the alimony obligation, but did not fulfill it and did not intend to fulfill it in the future.

During the consideration of the case, the magistrate found:

1. Alimony is collected from the accused on the basis of a court order.
2. Enforcement proceedings were initiated in November 2010.
3. The existence of the ex-husband's debt is confirmed by the resolution on the calculation of the debt.
4. Signs of an offense are recorded in an act signed by a bailiff.

Considering the defendant’s lack of work and his reluctance to pay alimony voluntarily, the judge decided to sentence him to 10 days of arrest as punishment.

Release of the alimony provider from administrative liability

In practice, it is not always the case that a defaulter is brought to administrative responsibility legally. The application of administrative measures to the debtor is considered illegal if:

1. The arrears in payments occurred unintentionally, for reasons beyond the control of the person liable for alimony, for example:
   due to the serious health condition of the payer himself or close members of his family (associated with the acquisition of disability, hospitalization, surgery, etc.);
2. circumstances of force majeure (fire, flood, location in a zone of military operations or man-made disasters).
3. The formation of the debt involves the fault of third parties (mistake of bank employees, accounting department at the debtor’s place of work, etc.).
4. The application of certain administrative measures is contrary to current legislation.

Example. In relation to Nikolai T., the bailiff issued a decision to temporarily restrict his driver's license. However, the alimony debtor’s car is his only means of transportation, since Nikolai and his new family live in a village remote from the main transport links. The defaulter uses the car every day to take his child to school and his wife to work. Based on this circumstance, the bailiff’s decision is subject to cancellation in accordance with clause 2, part 4 of Art. 67.1 of Federal Law No. 229-FZ “On Enforcement Proceedings”.

If the alimony defaulter believes that his rights were violated and the administrative liability was carried out illegally, he has the right to appeal and subsequently cancel the decision made by the bailiff.

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What can a draft dodger face?

The total alimony debt in Russia amounts to billions, so the legislation is regularly revised and measures taken against irresponsible citizens are tightened. Everything that threatens a malicious draft dodger is spelled out in Federal Law No. 220-FZ of October 2, 2007, as well as in the Code of Administrative Offenses of the Russian Federation. To encourage the child support provider to give money to the child, the law provides:

• Limitation of the validity of car licenses. Regulated by Art. 67.1 Federal Law No. 229 , begins to take effect when the amount of debt accumulates from 10 thousand rubles. by decision of the FSSP executor or at the request of the alimony recipient. The corresponding resolution is endorsed by a bailiff and sent to the traffic police. It is enough for the debtor to appear on the radar and be stopped at the traffic police post. When checking documents and viewing the database, the driver’s license may be confiscated on the spot. The first time, a warning will be issued; if it happens again, the alimony provider will face compulsory labor or deprivation of rights for up to 1 year. They will be returned only upon presentation of a debt payment form.
• Ban on traveling abroad. Here the debtor is “caught” while crossing border control. The documents presented to them are also searched through the databases and, if a case has been opened against a person in the FSSP service, he is informed that going on vacation (for work, etc.) is prohibited until the debt is fully repaid.
• Executive search. This administrative measure involves putting a willful defaulter on the wanted list, or a bailiff can find and describe the property against the debt. This is done according to Art. 65 and for an amount above 10 thousand rubles.
  Important! In fact, it is very difficult to obtain alimony from a debtor in this way, and the FSSP rarely resorts to such a measure. The whole problem is not only in finding property, but also in selling it. Often, the bailiff, having visited the alimony worker at his place of residence, cannot seize things for sale, since it turns out that they belong to another person living with him.
• Fine. An article of the Code of Administrative Offenses ( Article 17.14 ) regulates the extent to which financial liability can be imposed on the alimony provider. It is possible to fine him even if there is a one-time debt in the amount of 1 to 2.5 thousand rubles. The bailiff can make such a decision himself without involving the alimony recipient in the problem.
• Detention on the spot. A bailiff (under Article 27.2 and Article 27.3 of the Code of Administrative Offenses of the Russian Federation ) can detain a debtor without appropriate escort from police officers or a local police officer.
  Draw up a protocol of administrative responsibility (AO). During this time, the debtor can be briefly limited in freedom. Important! In accordance with the law, the alimony recipient is still provided with some relief. Thus, the bailiff does not have the right to immediately apply harsh sanctions to him in the form of restriction of freedom, but must begin to act from “softer” points.

Can they be immediately sent to prison for failure to pay child support in 2020?

According to the Code of Administrative Offenses of the Russian Federation, the following types of administrative sanctions may initially be applied to the violator:

• public Works;
• administrative punishment in the form of arrest for up to 15 days;
• a fine of 20 thousand rubles.

The last point is possible only as a last resort, when it is unrealistic to apply the first two types of punishment to the debtor. So, for example, recruitment to work can only be applied to those defaulters who already have an official place of work, study, or are in the service.

The arrest can be canceled in cases where the alimony provider:

• are parents raising a child under 14 years of age;
• becomes a pregnant woman;
• is a citizen under 18 years of age;
• becomes disabled group 1-2;
• is a soldier with a special rank;
• are persons who have a permanent official place of work or study.

At the same time, in order to be subject to administrative arrest, a certain procedure must be followed.

Attraction under Art. 17.14 Code of Administrative Offenses

Let's start with the general case when it is possible to impose an administrative fine on the payer and bring other measures of responsibility.

You should refer to Article 17.14 of the Administrative Code. According to it, not only the person charged with paying alimony can be fined, but also any other person who violates the legislation on enforcement proceedings.

The first part of this article reveals some of the grounds for bringing to administrative responsibility. This:

• failure to comply with the bailiff's request based on the law;
• concealment of income;
• failure to inform about a change of place of work or study, etc.

That is, in fact, for any offense that interferes with the effective conduct of enforcement proceedings, a person can be held administratively liable.

Part two of this article applies to banking and credit organizations if they do not comply with the requirements contained in the writ of execution. For situations related to the collection of alimony, this part of the article is also relevant. It seems that it will be useful for recipients of payments for a child to know that if the bank did not withhold money from the payer’s account, then this financial organization can well be brought to administrative responsibility.

Part 2.1 of the article concerns issuers of shares and their registrars. If funds are not debited from the debtor’s account according to the requirement established in the writ of execution, then administrative proceedings are initiated.

It is interesting that according to Art. 17.14 of the Code of Administrative Offenses of the Russian Federation, prosecution can also be carried out in relation to, for example, the recipient of funds if he:

• does not comply with the requirements of the bailiff, which are legal;
• refuses to receive property confiscated from the debtor;
• provides various false information, for example, about the composition of the debtor’s property and his income.

If the recipient of the funds has lost the writ of execution for alimony, then in this case an administrative fine may be issued.

The legislator thus emphasizes that the law is equal for everyone and no one can violate it.

Responsibility measures

Since both individuals and legal entities can become subjects of an offense, the punishments for them are in some ways similar and in some ways different. They are similar in that, in any case, a fine is issued, but the penalties differ in size.

Individuals can pay a maximum of only 2,500 rubles.

But the rest of the subjects of the offense will have to fork out much more:

• officials - from 10 to 25 thousand rubles;
• for legal entities - in the amount of 30 to 100 thousand rubles.

Banks and stock issuers stand apart. In their regard, the punishment for the offense is associated with the amount of debt the alimony holder has. The fine for banks is ½ share of the amount that he refused to withhold and transfer on the basis of the writ of execution and the bailiff's order, the fine for the issuer is 1/3 of the amount not transferred.

Moreover, for a bank the maximum fine can be 1 million rubles, for an issuer - ½ share of the value of the debtor’s securities.

This is all you need to know about how a person can be punished for failure to comply with the provisions of executive legislation.

There is also a special article in the Code of Administrative Offences, which concerns only such a violation as failure to pay alimony to needy relatives; administrative liability under this article is more severe.

How to collect a large alimony debt

The formation of large amounts of debt, unfortunately, is not uncommon. Defaulters accumulate debts of one hundred or five hundred thousand, and sometimes the amount of debt reaches a million rubles.

Collection of alimony debts is the task of the bailiff. However, bailiffs conduct a large number of enforcement proceedings at the same time, as a result of which they are not always able to show the necessary initiative in a timely manner. Since the recipient of alimony has the right to participate in the debt collection process, he can apply to the SSP with various types of petitions: to hold the debtor accountable, to ban travel abroad, and so on.

If the bailiffs cannot influence the debtor, the recipient of the funds can file a lawsuit to collect the alimony debt and penalties:

The collector should keep in mind that the child support debt is not written off after the child turns 18: he continues to be registered as the debtor. The amount can be recovered even if the payer dies: the obligation to pay the alimony debt passes to his heirs.

How to write an application correctly

The recipient of alimony must draw up an application in a strictly established form, which has the following content:

An application to the SSP can be submitted in person, through a representative, or sent by mail. During a personal visit, the application can be submitted to the office, as well as directly to the bailiff at the reception.

The procedure for bringing to justice for non-payment of alimony

Unlike the bailiff, who performs a complex of procedural actions, from the side of the collector, attracting the debtor to the JSC or MA looks much simpler:

1. A petition is filed to hold the defaulter accountable.
2. The application is reviewed within 10 days. Based on the results, the claimant is sent a resolution or ruling refusing to initiate a case.
3. The claimant is invited to court.
4. Based on the results, after entry into force, an extract from the court decision is issued.

Jurisdiction

To initiate administrative or criminal proceedings, the recoverer must contact the FSSP unit and the bailiff who initially conducted the proceedings.

If we are talking about collecting a penalty, the claim is filed immediately after receiving a certificate with the calculation of the debt to the court at the defendant’s place of residence.

Required documents

The bailiff will need documents confirming the fact of non-payment of money.

A passport and written application are also provided. A resolution is pre-ordered to calculate the amount of debt.

Statement of claim and sample

The application must contain the full name of the claimant and the payer, the amount of alimony, the number of the resolution to initiate an individual entrepreneur, the IL number, the date of the last payment, the total period of non-payment.

For clarity, take a look at the example:

Expenses

When contacting bailiffs with an application to attract a JSC or MA, you do not need to pay a state fee. The same applies to the collection of penalties for alimony.

If the claimant decides to hire a lawyer, he will have to pay for his work. The cost of services depends on the specific specialist.

Judicial practice in criminal cases

the debtor was ordered to 6 months of correctional labor with the withholding of 5% of monthly earnings to the state. Having familiarized itself with the case materials, the court identified elements of a crime, expressed in repeated and deliberate non-payment, as a result of which the interests of a minor child were affected.

How to get child support paid

The whole process goes according to the following scheme:

• the applicant draws up a statement of claim for payment of alimony and sends it to the court;
• after the decision is made, a writ of execution is issued and sent to the bailiff service;
• the bailiff is obliged to begin enforcement proceedings within 10 days, since it is their responsibility to take all necessary measures;
• The bailiff must notify the alimony payer twice in writing about the assigned alimony payments; if the citizen does not respond to requests, then the procedure for collecting the necessary information begins (amount of debt, period of delay, place of work of the debtor, availability of bank accounts and property), after which forced collection begins;
• if the actions (inaction) of the bailiff did not lead to the desired result, the money was never received, the alimony collector can take the initiative and help make the process more efficient. To do this, the recipient of alimony submits an application with a request to take measures against the debtor; if the bailiff does not take any measures, then you can complain to the senior bailiff.

When parents manage to agree on payments, this will be the best option. Otherwise, you will have to act through the bailiff service or the court. In theory, everything is clear, but when it comes to the collection process, various difficulties may arise; an experienced lawyer will help solve them.

Grounds for prosecution

When arrears for alimony exceed several months at the initiative of the debtor, the following factors indicate his guilt:

It hides any type of income (no matter whether primary or secondary). Makes attempts to hide property that could be subject to future foreclosure

Deliberate delay in payments when the alimony payer is aware of the obligations. The debtor changed his place of residence without informing the bailiff of this fact. Conscious unemployment. Dismissal, as well as change of place of main (additional) work without notifying the bailiff service. Evasion of registration with the official employment service after dismissal. Providing false information about income and property.

Application for debt collection: to the court or bailiff

The approximate structure of a debt collection application is as follows:

• Name of the authority to which the application is submitted. This may be not only the district court, but also the bailiff service.
• Full name of the person responsible.
• Full name, passport details and contact details of the plaintiff.
• Full name, actual place of residence, passport details of the defaulter.
• The circumstances of the case - the reason for withholding alimony, the period from which payments are received, the amount and timing of the debt.
• A measure of punishment, a requirement to collect a debt.
• Date and signature.

The following documents must be attached to the application:

• Passport.
• The document on the basis of which alimony must be paid - a writ of execution, a notarial agreement.
• An extract from the account to which the funds should be transferred.
• Child's birth certificate.

You can also attach documents that confirm the monthly expenses for the child.

Based on the application, as well as the arguments provided, the court will consider the case and make a decision.

Types of liability

What punishment awaits for failure to pay alimony depends on the severity of the act, which in turn is determined depending on the intent. Towards a citizen who evades alimony payments, the state sanctions the application of various unfavorable measures. They are implemented in case of violation of a legal regulation and are aimed at preventing the commission of new offenses.

Is it possible to attract several people at once? No, they are applied gradually, on an increasing basis, and only once for the same unlawful act of a legally capable person.

Civil responsibility

One of the forms of coercive influence is liability to the recipient of material assets (otherwise civil law), expressed in the obligation of the payer to restore the violated condition and satisfy the interest of the party whose rights were violated. It is established by Art. 115 SK and appointed by the court.

The amount and form of responsibility depends on the document that is the basis for the payment of alimony:

• notarial agreement – ​​liability is contractual, regulated by the terms of the concluded agreement;
• judicial act (decision, order) - for a violation that lasts a long time, a fine (penalty) is provided. Set as a percentage (Federal Law dated July 29, 2018, the amount was reduced from 0.5 to 0.1%) for each new day of delay.

The document indicates the period allocated for alimony-obliged citizen, during which he can fulfill the requirements on a voluntary basis and compulsory enforcement measures.

When implementing actions performed in order to collect a debt, the bailiff has the right to:

• demand compensation from the debtor for expenses incurred, art. 116;
• collect the enforcement fee, its amount in accordance with Art. 112 – 7% of each collected periodic payment, and it cannot be less than 1 thousand rubles.

Bringing to administrative responsibility

For offenses bordering on a crime, administrative liability arises. The bailiff does not have the right to punish the debtor on his own. Acting in accordance with the established procedure and discovering the fact of non-payment, he must draw up a protocol recording the violation (it will also be needed if in the future it is necessary to bring the debtor to criminal liability) and send the collected materials to the court.

• absence of a valid reason for non-payment justifying inaction;
• the alimony debt has been accumulating for 2 or more months - the account is kept from the day the collection case was initiated;
• there are no elements of a crime in the debtor's actions.

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Possible methods of punishment include those listed in Art. 5.35.1 Code of Administrative Offenses and additional (incentive) measures:

• 150 hours compulsory work;
• serving administrative arrest – 10-15 days;
• monetary penalty – 20 thousand rubles. (goes to the state, and not towards alimony);
• ban on travel outside the Russian Federation, refusal to issue a foreign passport, restrictions on movement within the country;
• seizure of a bank account or property for the purpose of realizing and repaying a debt;
• deprivation of parental rights (possibly if the parent has ceased to participate in the child’s life);
• confiscation of driver's license;
• imposing a ban on the alienation of property.

Criminal liability

Simultaneously with the demand for payment, the alimony debtor is sent an official warning about the possibility of prosecution under Art. 157 of the Criminal Code. It is drawn up in accordance with the FSSP Methodological Recommendations:

• criminal liability for evasion of payment of alimony in favor of children - Appendix No. 9;
• for failure to pay for the maintenance of disabled parents - Appendix No. 10.

In both cases, such an offense is subject to severe punishment. The act threatens with arrest (for up to 3 months) or involvement in correctional or forced labor, or imprisonment (up to a year).

It is important to know when criminal liability occurs - this is an extreme measure applied to the debtor for failure to pay alimony. Imposed if there is a crime against the family, expressed in malicious evasion of one’s duties

Sign of malice:

• non-payments are intentional and long-term (4 months or more);
• the debtor has already received demands for payment, claims of improper performance;
• official warnings were issued.

This may be (at the choice of the court, based on the severity of the crime):

• fine: up to 200 thousand rubles. or an amount equal to one and a half year’s salary;
• removal from office for a period of up to 5 years;
• serving forced labor (up to 2 years) or compulsory labor (up to 480 hours);
• arrest (up to 6 months);
• forced isolation (2 years – maximum period).

Procedure for collecting alimony payments

After the court decision to collect alimony comes into force, a writ of execution is drawn up and sent to the FSSP bailiffs for execution. Based on this document, by virtue of Article 30 of Federal Law No. 229, a decision is made to initiate enforcement proceedings and the same father is now obliged to transfer funds for the maintenance of the child to a special account on a monthly basis.

If a citizen evades paying alimony for at least 2 months, the bailiffs on their own initiative or at the request of an interested person, that is, the mother of the child, in accordance with Article 67 of Federal Law No. 229, can apply temporary restriction measures:

• when traveling outside the Russian Federation;
• to drive a vehicle.

Important: This measure is already possible if there is a debt exceeding 10 thousand.

Simultaneously with the introduction of restrictive measures, the bailiffs send notifications to the father’s place of residence about the existence of a debt and the obligation to repay it as soon as possible. At the same time, actions are taken to identify all the debtor’s income. That is, now not only wages and 25% of it are taken into account, but also the same bank deposits, real estate owned and other items of income of the debtor.

Also, by virtue of Article 99 of Federal Law No. 229, bailiffs have the right, in addition to alimony payments, to collect from a citizen the alimony debt, and at the same time, writing off up to 70% from the same salary card. At the same time, if it is established that there is other property, foreclosure may be applied to it to pay off the debt.

In addition to punitive measures, the FSSP establishes the circumstances of evasion of alimony payments, in particular:

1. The debtor's residential address is specified. If he left his place of permanent residence and did not notify the bailiffs about the change of residence, an executive search is announced in accordance with Article 65 of Federal Law No. 229.
2. Employment information is verified. If a citizen intentionally quit and did not register with the Employment Center to look for another vacancy, he is considered to have intentionally evaded payment.
3. Additional sources of income for the debtor are identified by sending requests to the tax office, traffic police, banks, Rosreestr and other authorities.

The above data is collected in order to confirm not only the fact of debt, but malicious evasion of alimony payments and the possibility of applying a more stringent sanction - administrative liability.

How to bring an alimony debtor to administrative responsibility?

The Law “On Enforcement Proceedings” in a number of articles concerning the prosecution of defaulters, notes that the initiators of such prosecution may be:

• a bailiff conducting specific enforcement proceedings;
• the alimony collector himself by direction.

In practice, it often happens that bailiffs may show official inaction due to the large volume of work and lack of personnel, therefore, if there are grounds, it would not be out of place for the debtor to take the initiative into his own hands and apply to bring the defaulter to possible administrative penalties against him.

Grounds for bringing the alimony holder to administrative liability

The main basis for applying punishment for non-payment of alimony is the presence of alimony debt for several months, formed through the fault of the debtor himself. In this case, the following factors indicate the debtor’s guilt in creating the debt:

• willfulness (when the defaulter is aware of the obligations, but no attempt is made to repay the debt);
• concealment of real income (direct and additional);
• concealment of property that can be foreclosed on in the event of further non-payment;
• change of place of residence without informing the bailiff or the collector;
• dismissal or change of job without reporting to the bailiff service;
• intentional non-employment;
• failure to register with the Employment Center (PEC) to apply for a job in the event of dismissal from a previous place of work;
• providing false or false information about property or income, etc.

If the listed factors are present and the “dodger” fails to contact the official of the bailiff service, administrative measures are applied to the debtor.

Application to bailiffs for administrative liability

There are two ways to contact the bailiff with a corresponding statement regarding the debtor:

1. At a personal reception with the bailiff, handing him an application and receiving a mark of acceptance on your copy.
2. By sending an application by registered mail with notification to the location of the territorial body of the Federal Bailiff Service.

The best way is to visit a bailiff in person, since as part of such an appointment:

• the collector will be able to communicate with the official regarding the choice of all possible administrative sanctions against the debtor;
• find out the exact amount of alimony debt (and even receive a resolution on debt calculation);
• find out what administrative measures have already been taken by the official so as not to be repeated in the petition, and find out about their effectiveness;
• get advice on independently collecting a penalty (fine) for late alimony payments under Art. 115 RF IC.

The application submitted by the alimony collector to bring the debtor to administrative liability measures must contain:

1. Name of the territorial branch of the UFSSP (Office of the Federal Bailiff Service).
2. FULL NAME. bailiff conducting enforcement proceedings.
3. Information about the applicant - recoverer (full name, address, phone number).
4. Information about the debtor.
5. Grounds for holding a person liable (deliberate creation of debt, period of non-payment, amount of debt).
6. Indication of the type of liability (wanted notice, restriction of driver's license, travel ban).
7. Date and signature of the applicant.

A sample of the relevant petition can be viewed.

Accusation of non-payment of alimony - methods of defense.

In fact, it is better not to allow a criminal investigation and to apply the methods described below at the stage of administrative proceedings.

According to paragraph 4 of part 3 of Article 151 of the Code of Criminal Procedure of the Russian Federation, the investigation of a criminal case under Article 157 of the Criminal Code of the Russian Federation takes place in the form of an inquiry. Inquiries in criminal cases under Article 157 of the Criminal Code of the Russian Federation are carried out by investigators of the Federal Bailiff Service.

Methods of defense are determined by the subjective side of the crime, namely the guilt of the person in the act.

Guilty actions include failure to pay alimony without good reason. There is a catch here, let’s say you don’t have money and you don’t pay alimony for this reason, will this be considered a valid reason?

Good reasons for non-payment of alimony should be understood as the circumstances in which a person has arrears of alimony: - in the event of his illness (Part 2 of Article 114 of the RF IC); - due to the fault of other persons, in particular, in connection with untimely payment of wages by the employer, delay or incorrect transfer of alimony amounts by the bank; Clause 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 N 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony.” - if there is evidence that execution was impossible due to force majeure circumstances (extraordinary and unpreventable conditions) Article 112 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”.

At the same time, the given list of circumstances is not exhaustive and the reasons for non-payment of alimony must be established in each specific case separately.

Methodological recommendations for identifying and investigating crimes under Article 157 of the Criminal Code of the Russian Federation (Non-payment of funds for the maintenance of children or disabled parents) (approved by the FSSP of Russia on May 25, 2017, May 26, 2017 N 0004/5)

As you can see in the guidelines, the lack of funds for individuals to pay alimony is not included in the list of valid reasons.

The obligation to pay alimony does not depend on whether or not a person has earnings or other income. This conclusion is confirmed, in particular, by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 18, 2002 No. 187pv02pr , which established that the obligation of adult children to support disabled parents is unconditional and cannot depend on the presence or absence of a permanent income for children. (By the same analogy, this conclusion applies to the relationship between parents and minor children)

The very title of the article. 87 of the RF IC - “Responsibilities of adult children to support their parents” - assumes a legally established obligation for adult children to provide their disabled, needy parents with at least a minimum of material benefits that can ensure their existence.

This obligation (unlike, for example, the obligations of spouses to each other) is unconditional and is not associated by the legislator with the presence or absence of a citizen’s constant and sufficient income. That is, regardless of the financial and marital status of adult able-bodied children, parents have the right to receive from them the maintenance necessary to maintain life.

The court takes these circumstances into account when determining the amount of alimony, but the rights of the parents in this case should take precedence over the rights of the children, since it is assumed that able-bodied adults are able to earn a livelihood, while the disabled and elderly are not.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 18, 2002 No. 187pv02pr

But failure to pay alimony in the absence of funds may still be a valid reason if the person made attempts to earn money. Formally, this can be expressed by a person applying to the employment service and registering there. In this case, the person will have a certificate from the employment service about registration as evidence that he has made and is making attempts to pay alimony.

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.

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.