Obtaining a certificate of alimony debt from bailiffs

After considering a child support dispute between the child’s parents, the court comes to a certain decision and may oblige one of the parties to pay child support. The court decision and the writ of execution are the main documents regulating the further process of deductions. In addition to the above documents, citizens often come across such a document as a certificate of alimony. What is the essence of this certificate, where can I find a sample certificate of alimony, how to get it and what is needed for this?

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Where can I get a certificate of alimony?

A certificate of paid alimony is issued at the place of payment. Namely:

• In the accounting department of the payer's employer;
• If he is unemployed, then in the accounting department of the employment center;
• In the Pension Fund department, if alimony is calculated from the pension;
• At the place of study, when the payer is a student;
• In a military unit;
• If alimony is forcibly collected as part of enforcement proceedings, then a certificate of alimony will be issued by the Bailiff Service.

To obtain such a certificate, you need to write an application to the issuing authority. The certificate form is free.

Where and how to get the document

Bailiffs are obliged to keep under supervision the payment of debts, the amount and terms of transfer of which have been established by the court.

A certificate from bailiffs about non-receipt of alimony is made on the basis of an application at the place of residence of the alimony payer to the FSSP. If the recipient of the allowance does not have accurate information about the whereabouts of the divorced spouse, then he is searched through the UFSPP. The Regional Office reviews the application and transfers it to the specialist in charge of the enforcement case. The recipient is informed who to contact to obtain the certificate.

The document form has an approved form. The person obligated for alimony and the ex-spouse, as well as their proxies, have the right to receive a certificate of debt from bailiffs. They must have notarized papers giving the right to make a request on behalf of the principals.

Attention! Alimony is included in the category of mandatory payments, the regularity of which is monitored by a specific executor.

Who and why can request a certificate of alimony?

There are a number of organizations and individuals entitled to request such a certificate:

• The payer himself, in order to document his level of income to obtain a loan, etc.;
• Recipient for receiving government support;
• Tax inspector for correct calculation of taxes;
• Bailiff to close the case regarding alimony debt;
• Social protection authorities when calculating child benefits based on family income;
• Employment center for calculating alimony payments, which are transferred through their accounting department.

As can be seen from this list, a certificate from your place of work regarding alimony is always obtained to confirm your real income and expenses.

To obtain a certificate, you need to fill out a standard application to the organization from which such a document is required.

In what cases is a certificate of no debt required?

Content

A document confirming the absence of debt obligations to a minor child may be useful to the parties to alimony relations in the following cases:

Divorce and lack of official income are not grounds for exemption from alimony obligations. The certificate serves as an official written confirmation of the fact of financial support by one of the parents.

The need for the claimant to obtain a document is to establish cash receipts aimed at meeting the needs of a minor child. This is one of the indicators of family well-being, taken into account when determining need in the case of applying for state assistance.

For alimony obligated, the certificate serves as evidence of the conscientious fulfillment of parental duty. The document is an exemption from various types of penalties applicable legally (restriction of freedom of movement).

The following may request information about the absence of alimony arrears:

• payer;
• recipient (collector);
• court;
• social protection authorities;
• customs Service;
• guardianship authority;
• employer;
• other interested parties.

The certificate confirms the implementation of alimony payments, their regularity and completeness, eliminating the need to apply sanctions to the alimony obligee.

Certificate of alimony: requirements for filling out

Since the law does not establish a strict form for such a document, there are no specific rules for filling it out. The certificate is drawn up in free form, both printed and by hand (at the request of the compiler). The only thing that needs to be taken into account is the list of information that such a certificate must necessarily contain:

• Corner seal of the organization where the alimony payer works, studies or is registered;
• Title;
• Full name of the recipient of the document;
• The exact amount of monthly payments;
• The total amount of funds paid for the period;
• The period during which the certificate is valid;
• Date of issue and certificate number;
• Signature of the person responsible for issuing money;
• Signature of the head of the company with a transcript;
• Round seal of the employer's company.

In addition to the certificate, you can use a copy of the agreement on the payment of alimony, which the child’s parents can conclude. The copy must be certified by a notary.

What is included in the certificate

To compile such documents, it is allowed to use any form. There are no serious requirements that would in any way limit those who need help.

There are only the following data that must be present on any form:

1. The signature of the manager, to which a seal is added.
2. Signature of the responsible person with transcript. The one who was responsible for the registration signs.
3. Date of issue.
4. The total amount of funds that have already been paid.
5. Income information along with alimony and taxes paid.
6. Full name of the person receiving the form.
7. Name of the organization responsible for issuing documentation.
8. A corner stamp in which the registration date along with the serial number is entered.

Certificate of alimony: requirements for filling out

The appearance of the document is not directly regulated by law. A certificate of alimony is filled out by each organization at the discretion of the accountant or according to the requirements of internal regulations. However, the document must comply with the requirements for official documentation.

Basic information that should be contained in a certificate from the place of work about alimony sample:

• information about the organization;
• title;
• payer data;
• the period for which the document is issued;
• wages and personal income tax;
• amounts and frequency of their transfer;
• total amount;
• validity period of the document;
• date and signature of the responsible person;
• signature and transcript full name head of the organization;
• seal of the organization.

Let's take a closer look at the certificate of alimony calculation and sample completion.

Information about the organization occupies the upper left corner. It contains information about the name of the enterprise, legal form, location address, telephone number, and email address.

The upper right corner contains information about the payer of the funds. His full name and position are indicated.

The title of the document is “Application for the issuance of a certificate of alimony.”

Note! The document must necessarily have a period for which the calculation is made. For example, the current year.

The certificate must include information about the citizen’s salary and the amount of tax paid. Since deductions of material support are made from the amount of income minus personal income tax, indicating such data will confirm the transparency of the accrual of financial support.

The certificate must contain the amount of funds actually transferred for the maintenance of disabled loved ones. The last amount is the amount transferred for the previous month. If there is arrears in payments, the document must contain the last transferred amount. Next to each payment the date when the funds were sent to the bank must be indicated.

After completing the transfer of monthly payments, the accountant must summarize the results. The result is the total amount for the specified period.

The executor of the document is indicated as the responsible person. The organization's regulations may provide for the need to enter the details of the performer, chief accountant and head of the organization.

The document must contain the seal of the organization. In accordance with the regulations, the official seal or the “For information” seal may be used.

For what period is the data provided?

The answer to this question depends on what information the person requesting such information wants to receive. As a rule, the alimony certificate may indicate information about payments made for the following periods:

• quarter (3 months);
• half a year (6 months);
• calendar year (12 months).

For example, when applying for a loan, the bank may request a document reflecting income received over the last 3 months. In this case, the borrower will need a certificate of alimony payments made for the last quarter.

How long is it considered valid?

Attention. There is no set period for a child support certificate during which it will be considered valid.

The fact is that such paper reflects events that have already occurred. If all the information provided is reliable, then even if a certain period of time passes, it will not change in any way.

The only exceptions are those situations when the certificate reflects information about alimony arrears. Over time, this data may become irrelevant, so usually such a certificate is considered valid within one month.

Is it possible to get it from the bailiffs?

Plaintiffs can turn to bailiffs if there are simply no receipts for alimony for a long time. In this case, the standard validity period is also one calendar month. After all, the debt can be paid at any time.

Certificate of alimony. Photo: razvodconsult.ru

To obtain a document, you must make a written application. It is written using free form. The following information becomes mandatory:

1. Full names of both parties.
2. Important elements include the numerical designation of the sheet in enforcement proceedings, or the decision itself, after the release of which payment began.
3. Designation of the time for which compensation is calculated.
4. Reason for contact.
5. Sometimes they are required to provide data regarding the level of income of the second party. This is necessary to check the correctness of previous calculations.

Registration deadlines

Like most documents provided by authorities, it takes no more than 7-10 days from the date of sending the request to produce a certificate of alimony. To find out the specific deadline for issuance, it is recommended to contact the appropriate authority in advance with this question.

If a document is needed by a certain date, it is better to come to the authorized body long before it arrives and order this certificate. Then you don't have to spend a lot of time waiting.

Child support certificate: sample

The most common help template looks like this:

• Number and date;
• Title (certificate of alimony);
• Given by (full name of the recipient) upon request that (full name of the payer) works in (name of organization) from such and such a date in such and such a position;
• Alimony is withheld on the basis of a writ of execution (number and date);
• The amount of alimony for three months is (indicate the total amount and separately by month);
• Signature of the General Director with a transcript of the surname and name of the organization.

This form is used to prepare a certificate of alimony for social security, banks, accounting departments and bailiffs.

Refusal of bailiffs to issue a certificate

A certificate of withholding of alimony, which is issued by bailiffs, may not be issued to the applicant. The reason is the lack of data on the regularity and size of payments.

To solve this problem, you can make an appointment with a bailiff. However, this is a long process that requires paperwork. You can speed it up by contacting a professional lawyer who will fill out all the necessary requests and ensure that a certificate is issued in a short time.

You also need to know that if the bailiff does not issue a document within two weeks and does not respond in any way to the applicant’s requests, you can file a complaint against him with the senior inspector.

In any case, you should always save payment documents. They reflect the size of payments and their regularity, which is protection against dishonesty of recipients and bureaucratic queues.

The procedure for obtaining a certificate of debt calculation

The sequence of actions prior to receiving a certificate of alimony arrears is to follow the following steps:

1. Collection of documents.
2. Drawing up an application in the established form.
3. Providing papers to the competent authority.
4. Getting a response.

The procedure for obtaining data on debt obligations has a well-established system that does not require a lot of time.

Who issues the certificate and where to apply?

The FSSP is the competent authority that controls the alimony process. The functions of the service include issuing certificates of the presence/absence of arrears in payments.

You can obtain a document confirming the status of debt obligations if you contact:

• to the employer;
• Pension Fund of the Russian Federation;
• other institutions that serve as a source of income for the alimony obligee.

The choice of the authorized body depends on the circumstances of the particular situation that contribute to the process of alimony payments.

A certificate is issued if there are legal grounds for recording monetary obligations:

• a child support agreement has been signed between the parents, certified by a notary;
• a court decision has been made (writ of execution).

If demands for alimony collection have not been made, the obligation is not recorded.

How to make an application?

An application (request) about the status of payments is drawn up in the name of the bailiff. The method of recording the text does not matter (printed, handwritten). The form is arbitrary. The appeal is issued in 2 copies: one each for the recipient and the sender.

The informative component of the document must meet the following points:

• BSC level – federal, regional;
• personification of the applicant (full name, contact means, state registration, passport information);
• personal data of the alimony obligee;
• name of the request;
• Description of the situation:
• opening of enforcement proceedings;
• responsible bailiff;
• parties (collector, payer, recipient);
• interested people;
• latest funding;
• date of termination of transfers;
• circumstances that led to non-payment of alimony;
• regulatory regulation;
• requirement;
• applications;
• personal signature;
• date of.

Example of a completed application

To the Office of the Federal Bailiff Service for the Lipetsk Region Claimant: Elkina Efrosinya Borisovna 3745658, Lipetsk, Severny microdistrict, building 46-p, block 3, apartment 41 Tel. 78905893405 Debtor: Elkin Ivan Petrovich 3745658, Lipetsk, Petrovsky microdistrict, building 30 Tel.77869453407 Use. production No. 47568/987/0987

Application for calculation of alimony debt

On April 25, 2018, an employee of the Federal Bailiff Service for the Lipetsk region Vasilko P.M. initiated an investigation. proceedings for the collection of alimony from Ivan Petrovich Elkin in favor of Efrosinya Borisovna Elkina to provide for Dmitry Ivanovich Elkin.

The last time the salary was paid was 03/12/2017, after which transfers were not made, since the payer was fired for systematic violation of labor discipline. The fact of new employment has not been recorded. Job retention is not possible.

Since April 2020, no alimony has been paid.

Considering the above, guided by Art. 113 RF IC, Art. Art. 64.1, 102 Federal Law “On Enforcement Proceedings”,

I beg

Determine the amount of debt for alimony of Ivan Petrovich Elkin in enforcement proceedings No. 47568/987/0987 in favor of Efrosinya Borisovna Elkina for the maintenance of Dmitry Ivanovich Elkin for the period from 03/12/2017 to the present.

01/08/2019______________ E. A. Elkina

Documentation

When making a request, you must ensure that you have:

• identification documents of the applicant (recipient of alimony);
• a writ of execution containing data on the amount of monetary obligations to a minor child and the payment schedule.

Terms of consideration, calculation and issuance of certificates

Review of submitted documents takes place within 10 days. After the expiration of the period, the FSSP officer issues a resolution on the calculation of alimony arrears. The answer is provided to both parties to the debt obligations - the collector and the alimony obligee.

The executive document contains:

• basis for calculation (written request);
• information about the applicant and debtor;
• period of evasion of parental duty;
• calculation method;
• amount of debt.

Debt is calculated in several ways, where different indicators are used in the formula. The choice of method is determined by the availability of information from the civil servant.

The type of certificate of debt status is not limited by law. The form of the document is arbitrary, but requires compliance with the general rules of office work. The information content is as follows:

1. The name of the body authorized to conduct the case of collecting alimony is the FSSP.
2. Contact details of the responsible employee for this production.
3. Personalization of alimony obligee who ignores/fulfills debt obligations.
4. Information about the claimant (applicant).
5. Establishing the identity of a minor in whose favor financial support has been assigned.
6. Legal basis for payments.
7. Assigned monthly amount.
8. Period of debt accumulation (overdue).
9. The amount of alimony debt at the time of applying for a certificate.
10. Artist's signature.
11. State stamp institutions.

You can contact bailiffs to issue a certificate during business hours according to the reception schedule for citizens. The request is addressed to the specialist responsible for conducting specific enforcement proceedings. If the case has not been opened, it is necessary to apply for the commencement of proceedings against the alimony obligee.

The certificate is provided after 5 days from the date of application. In order to speed up the issuance of the document, you should write an application addressed to the responsible bailiff.

Failure to fulfill official duties within the established time frame is the basis for imposing punishment on the employee who violated the time frame.

Accounting department's refusal to issue a certificate of alimony

There are cases when the chief accountant refers to the confidentiality of data and does not issue the applicant with a certificate of alimony. In this case, the recipient of alimony needs:

• Try to get a certificate through the payer himself. That is, convince him to contact the accounting department for this document;
• Submit the application to the accounting department not in person, but by registered mail with acknowledgment of receipt. In this case, it will definitely be accepted by the accounting department, and the response must also be sent in writing.

If in this case the accountant does not issue a certificate, you need to contact the bailiff department. They will send an official request to the payer’s place of work.

Validity period of the certificate

Such a document is valid indefinitely, since the amount of payments specified in it does not change. A certificate of alimony is a legal document, for the falsification of which Articles 307 and 308 of the Criminal Code of the Russian Federation provide for liability.

But if the certificate is issued specifically for receiving benefits, then the social security authorities can issue it with a limited validity period. Usually this period is 3-6 months. Also, the period of the certificate may be limited if there is arrears of alimony, because when the debt is repaid, the information from the certificate becomes irrelevant.

Who can apply to the SSP?

Both ex-spouses may be interested in finding out whether there is arrears in alimony payments.

The interested person, on the basis of the received document, has the right to go to court to collect the arrears. The court can apply the sanctions provided by law to a malicious alimony payer: seize property. Proceeds from its sale will be used to pay off the debt.

The bailiff conducting the enforcement case has the right to intervene if there is a clear evasion of parental responsibilities. In practice, this does not happen due to the large number of cases.

The alimony payer also needs such paper to prove his case in court. The reason for the litigation may be incorrectly accrued amounts, changes in life circumstances.

Attention! Both the debtor and the recipient of alimony have the right to submit an application.

Grounds for reviewing the amount of financial support for children from a previous marriage:

• the birth of children in a new marriage;
• adoption;
• dismissal from work and, as a result, non-payment of alimony;
• assignment of disability.

An error in the recipient's address or a change in the current account may contribute to the emergence of a disputed debt.

When is a child support certificate not issued?

There are a number of cases when this document cannot be obtained. The certificate will not be issued:

• An unemployed person who has no official income;
• Not registered for unemployment;
• For voluntary alimony payments without drawing up a formal agreement between the parties.

In general, a certificate of alimony will not be issued when there is no documentary evidence of income, payments and the amount of these payments.

Therefore, it is important to make all payments officially, keeping documents. Payment receipts protect the payer from possible dishonest actions of the recipient, and also allow both parties to the alimony relationship to receive subsidies and benefits.

Why do you need a certificate from the bailiffs about non-payment of alimony?

Financial support for children up to the age of 18 is the responsibility of parents established by law. It does not apply to a divorced parent living separately from their children. He (she) can create another family in which children will appear again. This is not a valid reason for avoiding child support.

Alimony can be paid voluntarily or compulsorily. The court orders deductions in favor of children from official earnings or a fixed amount in case of unstable income.

A certificate of debt may be required by both the payer and the recipient. The recipient, having the document in hand, has the opportunity to go to court to collect the debt. For the payer, the certificate is a supporting document if there is no payment arrears.

The legislator determined that alimony defaulter is deprived of the following rights:

• traveling abroad;
• ability to drive a car;
• communicate with the child.

The court may forcibly collect the debt to transfer funds to children through confiscation of property.

How much does it cost to obtain a child support certificate?

The issuance of this reporting document is free of charge. If money is demanded from the applicant, then you need to seek an official refusal to issue a certificate and file a complaint on its basis.

The exception is requests to an individual entrepreneur for whom the payer works (or he himself is an individual entrepreneur) and who does not have accounting departments, but orders such services from an audit office.
In this case, the issuance of the certificate will be paid, because the law does not oblige the individual entrepreneur to cover these expenses from his own pocket. The amount may vary depending on the prices of the specific accountant from whom the individual entrepreneur orders the preparation of reporting documents. Facebook