In Russia, 65% of families break up. These are the statistics. If you are left with a minor child, and you do not receive financial assistance from his father, we will tell you where to go.

The debtor is not hiding - collection options

Failure to pay alimony is a ubiquitous phenomenon. And even bailiffs can not always force a negligent parent to fulfill his civic duty. During the enforcement proceedings, it is suddenly discovered that the parent who left the family does not own any valuable property. The apartment belongs to the father, the car belongs to the mother, and he himself earns no more than 7,300 rubles a month (minimum wage).

The main condition for the successful recovery of alimony payments is impeccable legal literacy. Any violation of the law will be used by the debtor in his own interests. In other words, you need to build solely on the current bills. And the main one (RF IC) obliges parents to take care of their minor children, including financially. However, the fathers who left the family are trying with all their might to evade responsibility - they get a job with an unofficial salary or are completely unemployed. One of the options is collection. Your task is to prepare receipts from stores, housing departments, schools, sections, that is, to document your spending on a child. In 97% of cases, the court decision will be in favor of the recipient of the alimony. Typically, the ex-spouse is required to pay 50% of the costs you incur.

The next option is that the debtor is officially employed. In this case, the bailiffs send him to work a writ of execution on the recovery of alimony. But there are often cases when a formidable paper with an order to pay off a debt is lost in the bowels of the accounting department, the secretariat, or is ignored by the employer. In such a situation, demand that the organization (accounting) be checked by the bailiffs for the transfer of alimony. To do this, you need to make an appropriate request (by registered mail) to the FSSP department located in the area of ​​work of the ex-spouse.

All these measures are in place when the whereabouts of the ex-spouse are known. A more difficult option - the father does not pay alimony, and the bailiffs cannot collect them, because don't know where he is. Of course, they will take the necessary steps to find it (and more often imitate its appearance), but without your participation the result will be zero. Therefore, we recommend that you familiarize yourself with the options for an independent search for a debtor.

The whereabouts of the alimony is unknown - what should be done?

So, the child's father disappeared in an unknown direction. In this case, the bailiff conducting the proceedings puts him on the wanted list - the corresponding paper goes to the law enforcement agencies. In addition, independent searches are not prohibited by law. To do this, you need to contact the FSSP again and get a certificate from them with the calculation of the debt (calculated based on the average salary in the region). Moreover, you can look not for the alimony man himself, but for the property belonging to him. You can find it in several ways:

• You have information that the debtor has opened an individual entrepreneur or LLC. Their address or details can be obtained from the tax office.
• The defaulter owns real estate (garage, cottage, land, etc.). You can clarify these data by contacting the registration or cadastral chamber.
• According to your information, the ex-spouse owns a car. You can clarify the data in the traffic police.

In addition, mutual friends, acquaintances, and relatives can tell about where the ex-husband was "lost". If one of the options made it possible to establish the location of the defaulter or his property, the first thing to do is notify the FSSP. After all, you cannot pick up the debtor's things, his real estate, transport without the involvement of officials. When you find the property of the alimony, declare a claim that you are applying for it in whole or in part. And at the same time declare that the property, the car should be seized. Otherwise, the debtor can sell all the property and go into hiding again.

The search for the debtor often takes a long time. For this period, you can apply for an increased allowance at the territorial department of social protection. To do this, a statement is written to the head of the department with a request to assign an increased benefit until the debtor is found. You need to confirm the request with a certificate stating that the search conducted by the police forces did not yield any results. In the future, the expenses incurred by the state are reimbursed by the ex-husband.

By the way, when neither the police nor the bailiffs can find the debtor, this is the basis for recognizing him as missing.

To do this, with the same certificate of unsuccessful search, you need to go to court. If the application is granted, apply for a pension for the loss of one breadwinner.

There is no production - where to go?

According to the current legislation, only bailiffs are engaged in the collection of alimony payments. But there is a nuance - if the claimant himself is not interested in the progress of the case, then they will not work in full force. It is not uncommon for officials to remain inactive when the recipient is inactive. Therefore, if you have doubts about the competence of an employee of the FSSP, you can send a protest to higher authorities: the senior bailiff, the bailiff's interrogating service and even the prosecutor's office.

It is better to write complaints to all three instances at once. We recommend sending registered letters - notifications, in which the recipient signs up, allow you to record the fact of delivery of the document.

The employees of the FSSP are given 30 days to fulfill your requirements. If they do not act further, write a complaint to their immediate superiors, and send a copy of it to a higher authority. By the way, in addition to the alimony itself, you are paid interest for non-payment and the money spent on a lawyer is compensated for (if you contacted him). Penalty interest is charged daily at 0.5% of the total debt - Art. 115 of the RF IC.

As you can see, it is not an easy task to forcibly obtain alimony payments even under a writ of execution. The second parent remains the best option. The concluded agreement will save time - you will not have to go to the courts and collect documents, money, you will not need the services of lawyers, and this will save your nerves.

Punishment for a negligent spouse - types of responsibility

The bailiffs are obliged to tell the debtor what the failure to pay alimony can turn out to be, and at least twice. But, perhaps, going to court and the FSSP can be avoided if you are convincing and are able to explain to the ex-spouse that in case of refusal to pay alimony he is in danger of:

• a ban on travel outside the country;
• deprivation of the right to drive a car;
• the imposition of a fine of 100 minimum wages (if the bailiffs discover the concealment of income).

These are administrative measures. However, when the debtor does not pay alimony for more than four months, more serious sanctions - criminal liability - can be applied. In addition to long-term non-payment of salaries, concealment of income and evasion of meeting with bailiffs can serve as grounds for an offensive.

Depending on the circumstances of the ex-spouse's case, in accordance with Art. 157 of the Criminal Code of the Russian Federation, can be punished:

• Forced labor for up to 12 months.
• Public works (terms from 20 to 180 hours).
• Detention (arrest) for up to three months.
• By serving a sentence in a correctional institution for a term of 1 to 3 years.

In addition, such a parent can (and sometimes should) be deprived of parental rights. But this measure is of an educational nature and rarely makes the alimony pay the money due to his child. As practice shows, the threat of criminal punishment remains the most effective measure of influence.

Do not despair if your husband does not pay child support. Fortunately, the legislation of the Russian Federation obliges the ex-husband to pay alimony for the children on a monthly basis. Therefore, they have provided many different ways to force the father to fulfill his parental duty. Among other things, there is a possibility of meeting a not particularly conscientious or agile bailiff, who, instead of helping in collecting alimony, will cause you even more problems. Therefore, knowledge of the law, its levers of influence on the ex-spouse and your rights can make life much easier for you and your children, as well as speed up the process.

Why doesn't father pay child support?

Before you learn how to get your ex-husband to pay child support, it's worth figuring out why he doesn't. There can be many reasons for non-payment. For example:

• Out of a sense of revenge on his ex-wife. Most often, women initiate a divorce, and the husband tries to recoup his children and does not pay child support.
• Because of the undeveloped parental instinct. The culprit of this becomes the woman herself, too protecting the father from all worries about the children during marriage. It is not surprising that even after the divorce, the husband does not try to take care of the children, and even more so he will not pay alimony payments.
• Due to the lack of a job for an ex-husband or other types and source of income. Here it is worth figuring out why this happened. If he cannot get a job for objective reasons, then try to be understanding, but if the ex-spouse deliberately does not get a job so as not to pay money for maintenance, then he can be brought to justice.
• Because of selfishness. If the husband does not have an innate sense of responsibility, then it is possible to force him to pay alimony only through the courts.

First, try to solve the problem in a peaceful way. Talk to your ex-husband, find out why he wants to pay child support. Try to explain to your ex-husband that your money is not enough to support your child and that your father's financial assistance is vital. You can also ask your ex-husband's parents to try to influence the negligent parent and make him pay or help you themselves.

How to make your husband pay child support?

The easiest way to solve the problem in a divorce of spouses is to conclude an agreement on the payment of alimony payments. The agreement must be secured with a notary so that, according to the law, the husband is obliged to pay money for the maintenance. This document must indicate the amount, as well as the procedure for how exactly the ex-husband will pay.

If the ex-husband does not pay alimony, then the money for the maintenance of the children will have to be collected through the courts.

1. You need to contact the bailiffs and get a certificate from them about the amount of the child's father owed alimony payments.
2. Draw up a statement of claim addressed to the senior bailiff stating that the bailiff dealing with your case does not take enough action to find and collect alimony from your husband. For example, find out if the bailiff made inquiries to the Pension Fund or the Tax Office. Ask to monitor his actions or inaction and notify you.
3. Draw up a statement addressed to the senior bailiff to initiate a criminal case against your ex-husband, since he does not pay alimony, as well as to issue a ban on leaving the territory of the Russian Federation so that he cannot escape.
4. Next, you need to submit a petition to the traffic police and the Office of the Federal Registration Service (UFRS) in order to verify the fact of your husband's ownership of real estate and vehicles.
5. Go to court with a claim and a certificate of arrears for the purpose of calculating a forfeit for non-payment of alimony. Also file a complaint against the chief bailiff if he has not responded to your allegations. Attach copies of all letters, petitions and other documents related to this case (they must be marked that the application was accepted).
6. Send a copy of the order to collect money for maintenance to the bailiffs along with the notice. After that, wait for the obligatory official response from this service.

Where should you go?

So where should you go and what should you do if your father refuses to pay child support?

For a start, it is worth noting that the husband can pay alimony both in marriage and after its dissolution, and even if the marriage was not officially formalized. However, in the latter case, it is necessary that both parents be indicated on the birth certificate of the children. If the father is not specified, then it will be necessary to carry out the paternity establishment procedure, including a DNA test, and only after that oblige him to pay alimony.

If the ex-husband does not pay child support, then in order to go to court, you, first of all, will need to draw up a claim in 3 copies. It should state:

1. The plaintiff's passport details with an indication of the place of residence;
2. Children's data;
3. Passport data of the alimony payer indicating the place of residence;
4. As well as the grounds for enforced recovery of maintenance payments.

The following list of documents must be attached to the claim:

1. Photocopies of birth certificates of children;
2. A photocopy of the marriage certificate or its dissolution;
3. Extract from the house register or another type of certificate from housing authorities confirming the child's residence with the plaintiff;
4. Defendant's income statement. For example, help 2-ndfl.

Subtleties of collecting alimony

It is worth noting that the husband's lack of a job and other income does not relieve him of his alimony obligations to his children. The court will oblige him to pay alimony in a fixed amount, the so-called hard cash. Where and how the spouse will take money to pay it, he will decide for himself. However, if the ex-husband does not fulfill the alimony obligations, then the bailiffs can seize his property and forcibly force him to sell, and give the money received to the plaintiff to support the children.

If the ex-husband is disabled, then he must receive an appropriate pension, from which alimony can also be withheld.

In a situation where the debtor works unofficially, then you need to contact the police or bailiffs to find out the real level of his income. By the way, for hiding this information, the debtor faces administrative punishment.

Also, the deprivation of the child's father of parental rights will not release him from alimony payments.

What else do you need to know?

A claim for the recovery of alimony can be filed at any time, however, the maximum period for receiving alimony payments for the past period is 3 years. Even if your offspring is already 18 years old, the ex-husband will be obliged to pay off the debt for the last three years, plus a penalty for each of the overdue days in the amount of 0.5%.

Another unpleasant moment may be the fact that the father may start hiding, not wanting to pay child support. In such cases, contacting the bailiffs will help resolve the situation. The debtor will be included in the list and put on the wanted list, and a criminal case will be initiated. Even if a woman refuses funds, the defaulter will still be obliged to pay all debts.

If you know where your ex-husband works, but at the same time he does not pay money for maintenance, then you can reduce the time for court proceedings to collect alimony payments by sending the received writ of execution directly to his work or to the local branch of the Pension Fund of Russia, in case if he receives a pension.

It is important to know that if the father does not pay money for maintenance for more than 4 months, then he becomes a malicious defaulter and a criminal case may be initiated against him under Article 157 of the Criminal Code of the Russian Federation. After the court finds out why the spouse does not pay alimony, in order to find out the nature of the malice.

To do this, you need:

1. Send a notification to the bailiff service;
2. Contact the internal affairs bodies or the prosecutor's office to draw up a statement under the above article. The maximum punishment under this article for a defaulting father is imprisonment for up to 3 years or correctional labor.

Many women are faced with a situation where the bailiffs are inactive. What to do in this case? The main goal here is to obtain the necessary payments and influence the bailiff, who does not fully fulfill his duties under the writ of execution.

In such situations, the recipient has to deal with two problems at once:

• malicious evasion from. According to the RF IC, both parents are equally obligated to support their children. Even if the person liable does not work, he must transfer the minimum amount. If this requirement is not met, liability is incurred under Article 157 of the Criminal Code of the Russian Federation in the presence of a corresponding court decision;
• inaction of the bailiff to collect alimony. This is manifested in the failure to comply with the requirements of the Federal Law "On Enforcement Proceedings", according to which the authorized person is obliged to take all measures to collect payments to young children, and, if necessary, to search for the debtor.

An attempt to independently agree with the alimony payer on the payment of money is effective only if he agrees to conclude a special agreement, which will indicate the frequency and amount of the alimony. If he is hiding, and the bailiffs are inactive, he will not be able to collect funds on his own.

What if the debtor does not pay child support?

According to Art. 50 FZ dated 02.10.2007 No. 229-FZ, each of the parties is endowed with certain rights. As for the recipients of alimony, they are entitled to the following:

• be aware of all stages of enforcement proceedings. A woman can find out at any time where the bailiff sent inquiries in order to find out the financial and property situation of the debtor; what actions were taken to collect the debt; what responses were received by the bailiff from state, municipal and private organizations, where the requests were sent;
• bring independently obtained materials related to the case. These can be certificates of the alimony payer's wages and other documents confirming the fact of income or property;
• to demand the resumption of enforcement proceedings if it was suspended without reason or the debtor discovered an official source of income known to the recipient;
• to ask to get acquainted with the materials of the case;
• to apply for the announcement of the payer on the wanted list, for bringing to administrative, civil or criminal liability, for the arrest of property.

Separately, it is worth considering the possibility of challenging the bailiff. It is used extremely rarely and in cases where the recipient notices the interest of the FSSP employee in the unfavorable outcome of the case. Let's consider a detailed example when a retraction is made:

Citizen Yudina is trying to get alimony from her ex-husband. The bailiff Voronov is in charge of the case. Under certain circumstances, Yudina learned that the UFSSP employee is the debtor's second cousin and may be an interested person. After that, she turned to the head of the FSSP with a request to appoint another bailiff to conduct enforcement proceedings, and her request was fulfilled.

Important! If the payer repeatedly and without good reason violates the terms for transferring payments to the minor, he may be prosecuted.

Inaction of bailiffs - what to do?

The only thing that a mother of a young child can do in order to achieve the due payments is to agree with the payer peacefully by concluding an agreement or asking for a court order as part of an order. If a lawsuit is applied, the right to demand payment rests with the bailiff. A woman cannot forcibly force a spouse to transfer funds without the participation of government agencies.

There is only one way to get the alimony if the bailiff is inactive - to file a complaint against him. In accordance with Art. 19 ФЗ № 118-ФЗ, as well as Art. 123 and 128 of the Federal Law No. 229, a woman can apply to several instances at once:

• to the UFSSP, but to the senior bailiff, who is of higher rank;
• to the prosecutor's office or court at the place of registration of the FSSP.

You can use all methods at the same time, but, as practice shows, in most cases, a complaint about the inaction of the bailiff to his leader is enough.

Complaint against the bailiff-executor for inaction: sample

For those who do not know what to do, if they do not pay alimony, and the bailiffs are inactive, it is enough to draw up a complaint and send it to the body authorized for consideration, but it is important to comply with some requirements:

• the document must be submitted on time. According to the law, the recipient must apply within 10 days after he became aware of the bailiff's failure to fulfill his obligations. The countdown begins immediately from the moment of clarification: for example, if a woman realized during the consideration of the case materials on April 10 that the FSSP employee was not taking any measures, she has the right to complain until the 20th of the same month;
• it is necessary to use a sample of drawing up a complaint against the bailiff for alimony, otherwise it will be rejected.

Important! In case of refusal to accept the complaint, it is recommended to take a written decision from the authority where it was submitted. It will indicate all the reasons why the application cannot be registered. If the refusal is unmotivated, the application is submitted to a higher authority. For example, in case of refusal in the magistrate court, the application is sent to the district, in the district - to the regional, etc.

How to write a complaint about the bailiff's inaction correctly?

If the complaint does not contain the required information, the woman will be refused to accept it on a completely legal basis. That is why, when writing, it is necessary to use a sample application for the inaction of the bailiffs for alimony.

The document is submitted in writing and must contain the following information:

1. FULL NAME. the applicant and the bailiff.
2. Information about enforcement proceedings: date and number, on the basis of which it was initiated, etc.
3. The bottom line is the inaction of an official when claiming alimony obligations from the debtor.
4. Requirement. It all depends on where the complaint is sent to. If to the court, the requirement is indicated to induce the employee of the FSSP to action and the recognition of his inaction as illegal. When contacting the prosecutor's office, a requirement is written to conduct a prosecutor's check in order to eliminate the violation of the Federal Law "On Enforcement Proceedings", which is expressed in the bailiff's failure to take any measures in accordance with official duties.

At the end of the complaint, the number of compilation and the signature of the applicant is put. The result of all proceedings is usually the receipt of a court decision on bringing the bailiff to justice and duress. If the appeal was sent to the prosecutor's office, after checking the prosecutor draws up an order to eliminate violations within a certain time frame.

What laws should you pay attention to?

• ФЗ dated 02.10.2007 No. 229-ФЗ. The most important are Art. 122-128, regulating the time frame for filing a complaint, specifics of filing in the order of subordination, form and content, grounds for refusing to accept an application, terms of its consideration, the procedure for challenging decisions;
• FZ of 21.07.1997 No. 118-FZ "On bailiffs". Here you should pay attention to Art. 1-25: they explain the tasks of the FSSP employees, the requirements for their candidates, powers, rights and obligations.

If the recipient does not know what to do, if the bailiffs cannot collect the alimony debt due to inaction, special attention should be paid to Art. 12 Federal Law No. 118, according to which they are endowed with the following duties:

1. Take measures to comply with the requirements of the executive documents.
2. Provide the parties who decide to collect alimony with all the materials of the case under their jurisdiction.
3. Initiate the search for the debtor and his property.
4. Send letters to the head of the investigation department when identifying signs of a criminal offense.
5. Check the documentation of debtors' employers.
6. To seize, arrest or transfer for storage the property of citizens for the purpose of enforced collection through sale.
7. Summon for conversations the persons from whom the money is to be collected.

The list of rights and obligations is large, but their essence is to take all possible measures to reclaim alimony from debtors. They can force you to pay debts. If the person liable for support works, the money can be transferred automatically after sending the writ of execution to the accounting department, his consent is not required. It is also possible to block a bank account if it is possible to establish belonging to a specific person who has arrears in payments to minor children.

What if my ex-husband doesn't pay child support?

In most cases, after the parents divorced, the children stay with their mothers, and the fathers happily forget about them, or help financially 1-2 times a year by buying small gifts. Despite the fact that women are engaged in upbringing, the obligation to support minors in connection with the dissolution of marriage for men is not canceled - both should equally take part in the life of the child.

Often mothers have to work two jobs in order to ensure a comfortable existence for themselves and their children, while they simply do not have time to engage in their development. To improve the situation and relieve yourself of an excessive burden, it is necessary to seek payments from the former spouses, but for this you need to know where to apply for alimony if the bailiffs are inactive or cannot collect money for objective reasons.

Why does the husband avoid paying child support?

According to the law, the reasons why a man avoids fulfilling financial obligations to children do not matter: even when they are unemployed, they must pay the minimum amount on a monthly basis. However, there are several objective factors that are important in interpersonal relationships between ex-spouses:

• Revenge. Considering that by evading the transfer of alimony, a man takes revenge on his ex-wife, he is mistaken. Despite the fact that she really has to work a lot, he makes it doubly worse not for her, but for the child, for whose maintenance there is not enough money, and the mother cannot fully deal with it.
• The man initially did not want a child. Everything is quite understandable here, because the decision to have a baby or to have an abortion is made only by a woman. Perhaps the child liable was not ready to raise children from the beginning, or he realized this after the child was born, and wanted to leave.
• The ex-husband doubts his paternity. In this case, he is advised to submit an application to the court to contest paternity. In the process, a DNA test will be made, which will indicate the relationship with the child or lack thereof. Until legal proceedings are initiated, penalties will be charged to the alimony payer.
• The fault of the woman herself. Attempts to manipulate a man by prohibiting communication with children in order to return the husband to the family in most cases only harm all parties.
• Irresponsibility of the spouse. Here, upbringing is to blame, because responsibility is laid precisely in the process of a person's life under the influence of his parents.
• Difficult financial situation. It also happens that a man loses his job or he has another child in a new family, as a result of which he is temporarily unable to pay alimony.

It should be remembered that the above reasons do not relieve the parent of the obligation to support young children, and in any case, you will have to pay the entire amount together with penalties that have been generated for the entire period of evasion.

Find out the reason why the husband refuses to help

The first thing a woman should do is to find out why the ex-spouse refuses to transfer alimony for a common child. To do this, just call him or contact him using social networks. In most cases, everything is to blame for a difficult financial situation and, if the recipient is ready to make concessions, the parties can conclude an agreement according to which the alimony payer will pay certain monthly amounts.

If a man answers rudely or it is reliably known that everything is in order with his income, it is recommended to remind him of the obligations for the maintenance of minors specified in the RF IC, as well as the possibility of claiming alimony through the court.

How to oblige a father to pay child support?

The best option for everyone is to conclude a peace agreement with a spouse. In it, you can specify the amount and frequency of payments. A man can transfer money even once every three months - it all depends on the agreement with his ex-wife.

If for some reason the conclusion of a contract is impossible, a woman can apply to the court with an application for the issuance of an order within the framework of an order. It is recommended to do this if the man agrees to pay, otherwise he can appeal the order, and then he will have to file a lawsuit, which makes the above actions meaningless.

The third way is to seek alimony through the courts. It is relevant when the ex-spouse cannot be found or he refuses to pay voluntarily. By a court decision, he will be obliged to pay money, and if this requirement is not met, the bailiffs have the right to send a writ of execution to work for the alimony payer, arrest his bank card or put him on the wanted list if arrest and collection of money through the employer is impossible.

What you should pay attention to?

When dealing with alimony payments, a woman should pay attention to several factors:

• The recipient is not required to prove that the alimony payer has to pay the child support. The fact of having common children is enough here. Even if the child is not born, but the payer is listed as a father, he undertakes to help the minor financially. In this case, the mother can only order a statement from the bank, where it will be seen from what period the former spouse stopped transferring alimony.
• If the person liable for support is disabled and has no place of work, payments will be withheld from social benefits - pensions. The same applies to healthy payers who are registered at an employment center - the money is transferred from unemployment benefits.
• A man can work informally. Often, many people specifically quit their official jobs in order not to pay alimony. Here, the woman is advised to find witnesses who can confirm that the debtor has a source of income. It is also advisable to write a statement to the police indicating the fact of unofficial employment.

The presence or absence of a man's desire to pay child support does not matter - he must do it without fail. The amount of payments is established by the court in accordance with Art. 81 of the RF IC: 25% of the salary is transferred for one minor, 33 for two, and 50% for three or more.

Reasons for non-payment of alimony by ex-husband

Regardless of the reasons for which the ex-spouse does not pay money for the maintenance of the children, a woman has the right to demand it from him through a court or through a peace agreement. An exception is illness, disability or other valid factors: in this case, the judge can stop the accrual of penalties and make a deferral of payments until the situation improves.

If the world has not been able to resolve the matter

The most effective way to get paid is to file a claim in court. You can complain both at the place of registration of the debtor and at the address of registration of the recipient.

If the court made a decision on the appointment of alimony without fail, but you still can't see the money, you can use the following options:

1. Visit the FSSP branch, where the writ of execution was submitted, to find out the details of the production.
2. If it turns out that the UFSSP employee did not take any measures, although he should have, it is recommended to file a complaint against the bailiff for inaction, the model is not established by law. The document is submitted to the name of the chief bailiff, it is advisable to include in it a request to strengthen control over the work of the employee responsible for the execution of the court decision.
3. Submit an application to initiate a criminal case if the ex-spouse is a persistent defaulter. For the duration of the investigation, he will be banned from leaving the territory of the Russian Federation.
4. You can independently send a request to the traffic police in order to find out if the debtor owns a vehicle. Subsequently, the obtained certificate can be provided to the bailiff so that, if there is a reason, he could seize the property for enforced debt collection.
5. Submit a claim for the recovery of alimony along with a forfeit. If at the same time the inaction of the bailiff is noted, an additional statement is sent with the requirement to bring an employee of the FSSP to justice.

When the court's decision is received, it is worth sending a copy of it to the UFSSP by registered mail with acknowledgment of receipt and waiting for an official response, which will arrive at the address indicated on the envelope.

If the claim for payment has not yet been submitted

If the child was born in an informal marriage, this does not release the man from financial obligations. In order to claim alimony from him, a woman must file an application for establishing paternity with the court, if he does not want to do this voluntarily.

Those who have not yet divorced can also obtain payments through the court. The absence of a divorce certificate is not a reason for the fact of separation and non-provision of material assistance from the father.

Subtleties and nuances

The most common problem that recipients face is the debtor's lack of official income. However, even this is not a basis for canceling alimony obligations.

In this case, payments will be assigned not as a percentage of salary, but in a fixed amount. Where the father will take the money is only his problem.

If the defendant receives social benefits, they will be taken into account when assigning benefits. In case of informal employment of an alimony payer, it is enough to contact the bailiffs or the police.

If the debtor is hiding

If the person liable for child support is hiding from the bailiffs, they put him on the wanted list after receiving a writ of execution. It should be borne in mind here that a woman cannot file a claim "retroactively", and the money will only be claimed for the last three years.

If at the time of establishing payments to the child is already 18 years old, for the previous time the recipient can also claim funds along with penalties - for each day of delay, 0.3% of the amount owed is charged.

If it is not possible to find a person liable for child support for a long time and the woman does not receive money for the maintenance of a minor, she can apply for help from the state. In most regions, for such cases, separate benefits are established, which are received by people left with children without material support from their spouses.

The ex-husband does not pay child support, and the bailiffs are inactive?

There are several steps you need to take to get the money you owe by law:

1. Tell the bailiff all information known about the debtor: information about property, place of work or address of residence.
2. Require the bailiff to send requests to government and commercial organizations.
3. If it is not possible to obtain payments, the employees of the FSSP can impose a ban on the debtor's departure abroad, arrest his accounts.
4. If the alimony payer does not have a job, the bailiffs can collect debts by seizing and selling his property through an auction.
5. If the bailiff does not take any action, you can file a complaint against him to the name of a superior manager.

Also, a woman can send a statement of claim to the court to deprive the former spouse of parental rights or a claim to declare the bailiff's inaction illegal. In the latter case, it is important to follow several rules:

• the time limit for filing a complaint is 10 days;
• the application must be sent to a superior manager, to the court or to the prosecutor's office;
• the claim must contain specific requirements.

The presence of errors, curses and blots that distort information is not allowed in the complaint.

Ways to influence a non-payer of alimony

There are several effective ways to influence the debtor:

1. Deprivation of parental rights. According to Art. 71 of the RF IC, it does not exempt from the obligation to pay alimony, however, the father will not be able to communicate with the child by a court decision.
2. Claiming forfeit. For each day of delay in alimony, a penalty is charged.
3. Administrative responsibility. In accordance with Art. 5.31 of the Administrative Code of the Russian Federation, for non-payment Money at the expense of the child, the alimony payer may be involved in correctional labor.
4. Criminal liability. It is applied when the debtor is recognized as a malicious defaulter and it is established that he deliberately evades payments for a long time.

Before being held liable under the Criminal Code of the Russian Federation, the defaulter is held liable under the Code of Administrative Offenses of the Russian Federation. If, after that, he admits delays, Art. 157 of the Criminal Code of the Russian Federation.

What to do if the husband does not pay child support, and the bailiffs are inactive? (Instruction)

1. Send the bailiff with a requirement to check the level of income if it is established that the alimony payer deliberately reduces it according to official documents. The basis here is clause 1 of Art. 50 FZ "On Enforcement Proceedings".
2. When the evidence is obtained, you should go to the court with an application for a revision of the amount of alimony and documents confirming a higher income from the debtor.
3. If the amount of the debt exceeds 10,000 rubles, the court has the right to seize the car and hold it until the debt is paid off.

Another measure is a petition to ban travel outside the territory of the Russian Federation. According to statistics, for the period from 2010 to 2015. about 7,000,000 alimony payers remained without rest, and most of them preferred to pay off their alimony debts in order to be able to travel.

Procedure if the ex-husband does not pay child support, and the bailiffs are inactive

First of all, it is necessary to familiarize yourself with the production materials and establish exactly what violations the bailiff committed. This may include a lack of requests and other actions required to comply with a court decision.

How do I file a complaint?

The requirements for filing a claim are contained in Art. 124 ФЗ dated 02.10.2007 No. 229. It should contain the following:

• FULL NAME. bailiff, information about a resolution or order, according to which he does not take any action.
• FULL NAME. applicant and registration address.
• On what basis is the appeal made.
• Applicant's requirements.

There is no unified application form, so it is recommended to contact a lawyer to complete it.

The ex-husband does not pay alimony, and the bailiffs are inactive: what to do, where to go

As a rule, getting a court decision on the recovery of alimony is not as difficult as getting the bailiff to take action or pay money from the debtor. If the FSSP is inactive, you can file a complaint with the head, go to court or complain to the prosecutor's office. Below we will consider each of these methods.

Appeal to the senior bailiff

After receiving the writ of execution, a certain employee of the FSSP is authorized to deal with the case at the address of registration of the alimony payer. If the bailiff is inactive, you must do the following:

1. Ask him for what reasons it is not possible to collect money. It often happens that the debtor does not have an official job and property in property, therefore it is not possible to forcibly reclaim debts. However, even in this case, the employee must make inquiries to government agencies in order to find any property for recovery. If there is no result here, he assists in initiating the head office work.
2. If the bailiff does not give specific answers and does not explain the reasons for the impossibility of collection, a complaint should be filed with the name of his head. It indicates all the claims of the claimant, as well as the requirements for taking action.

If a written response is received from the head of the FSSP, it must be saved - in the future it may be needed as proof of the inaction of the service.

Going to court

Often, senior bailiffs cover up their employees and do not take citizens' complaints into account, so the chances of achieving justice in court are much higher - this is an independent body that has nothing to do with the FSSP.

What should be done:

• Submit an administrative claim to the court to hold the FSSP employee accountable for inaction.
• Wait for the court decision.

As a rule, after the decision, the bailiffs work more actively, because to obtain payments from those liable for alimony in their own interests.

In addition to the alimony debt, it is possible to collect through the court a penalty of 0.5% for each day of delay (Article 115 of the RF IC). How it's done:

1. A claim is being prepared and submitted to the court.
2. After the court hearings, a court decision is drawn up.
3. After the entry into force of the court decision, a writ of execution is drawn up - it must be handed over to the bailiffs.

If the claimant also incurred other losses associated with non-payment of alimony, he can also claim them through the court.

Appeal to the prosecutor's office

The prosecutor's office is one of the main controlling bodies where you can file a complaint about the inaction of the bailiff. After checking and establishing violations by the debtor and the FSSP, the prosecutor will act as follows:

• Will send the head of the UFSSP a submission on the elimination of violations. The bailiffs are given a certain time to fulfill the requirement. In case of repeated misconduct, other administrative sanctions are applied to them.
• Will petition to bring the alimony payer to responsibility under the Criminal Code or the Code of Administrative Offenses of the Russian Federation.

The only drawback of contacting the prosecutor's office is the long term for consideration of the complaint - 30 calendar days.

Appeal to the employer and other persons paying income to the debtor

According to Art. 109 of the RF IC, the employer, upon receipt of a writ of execution, is obliged to withhold alimony from the debtor's salary. Not only the bailiff can apply to the organization, but also the claimant himself, i.e. ex-spouse. To do this, it is enough to present the IL.

If the alimony payer is registered with the Employment Center or receives a pension, the writ of execution is also presented to the authorities that calculate benefits to the debtor. The bailiffs can also arrest bank accounts by presenting the relevant documents. The arrest is valid until the entire amount of the debt is paid off.

1:502 1:512

Lawyer's advice to those whom the ex-husband does not pay and does not want to pay child support

1:661

Often, women living in an official or unregistered marriage have problems when she wants to part with a man. He does not want to help a woman, to support his own minor children.

1:1046 1:1056

The article examines the question of how to force a man to do this.

1:1209

If in the column on paternity the person is indicated as father - he is obliged to pay, for this it is not even necessary to dissolve the marriage.

1:1433 1:1443

Step one

Try to talk to him about the voluntary payment of alimony by entering into an alimony agreement, which must be certified by a notary. It needs to stipulate the amount and method of transferring money, the duration of the agreement and the reasons for its termination. There is no need to be afraid that it will not be executed, you can contact the bailiff to enforce it.

1:2129

1:9

If the defendant cannot make monetary payments due to a serious illness, loss of work, you need to find out when he will solve his problems and begin to pay the resulting alimony debt.

1:382 1:392

Step two

If a man fundamentally does not want to pay child support due to selfishness and irresponsibility, rejects all your proposals to pay them voluntarily, then you will have to go to court to initiate non-payment of alimony proceedings.

1:837 1:847

Order proceedings can be simplified (the judge considers the case alone) without summoning the parties. This will happen when the judge knows the father's place of work and income. The mother of the child is issued a court order to recover alimony from the defendant.

1:1302 1:1312

The lawsuit involves a summons to the court of the plaintiff, the defendant to consider the circumstances of the case... This is necessary if you need to collect alimony arrears or determine the method of calculating the amount (share of income, lump sum). Most women prefer to receive a share of income: 25% ─ one child, 33% ─ two children, 50% ─ three or more children.

1:1967

1:9

If the plaintiff has not paid child support for a long time, as a result of which there was a large debt, the deduction from wages can be up to 70%. The limitation period for the payment of alimony is 3 years, it is for this period that the amount of money will be credited.

1:510 1:520

Step three

After the court ruling, the husband continues to not pay child support... This can happen if he is a self-employed person or does not have a permanent job and his income is difficult to track.

1:918 1:928

Bailiffs will help to track the defendant's income. Contact them, the basis for this is the court's order to recover money from the defendant (court order) or a notarized agreement with the child's father on voluntary payment of money.

1:1450 1:1460

Duties of the bailiff:

1:1506

Establish an unofficial source of income.

1:88

Identify bank accounts.

1:146

Describe the debtor's property.

1:208 1:218

2:723 2:733

If the ex-husband does not pay child support, how to recover it from an unemployed man

2:885

The Family Code of the Russian Federation (Article 80) states that parents must pay alimony regardless of employment status.

2:1086

If the husband is unemployed, stands at the labor exchange and receives benefits, then the amount of alimony is determined by agreement of the parties or a court decision. Since the amount of the allowance is small, the alimony payments will be insignificant.

2:1482

If he does not have the official status of an unemployed person, alimony is calculated based on the average earnings in the region of residence or in the Russian Federation. The amount of debt will accumulate, which will make it possible to recover it from the debtor's property.

2:1885

If the defendant is not officially employed, but has temporary earnings, he can voluntarily pay alimony to the plaintiff. If you refuse to do this, the bailiff must check monetary transactions, obtain witness testimony about income and during judicial trial establish the amount of money to be paid.

2:576 2:586

What to do - if the ex-husband does not pay child support, the powers of the bailiff

2:751

On the basis of an enforcement order, the bailiff starts a case to recover alimony from the debtor. He must:

2:967

Call the debtor to clarify the circumstances of the case, collect documents.

2:1107

Establish the debtor's place of work and send there a request for the amount of wages, make a request to identify the debtor's property (traffic police and BTI).

2:1384

Require the accounting department at the debtor's place of work to transfer alimony within 3 days after the wages are calculated.

2:1633

Leave the debtor's place of residence, find out his financial situation and seize property within the debt.

2:234

Block the defendant's funds in his bank account.

2:386

Prohibit the debtor from leaving the country.

2:477

If the bailiffs perform their duties poorly, their action can be appealed to the higher authorities or the prosecutor.

2:696 2:706

Punishments for non-payment of alimony by the defendant

2:802

The law provides for harsh actions in relation to a malicious defaulter of alimony who hides his income:

2:1018

Deprivation of a driver's license (the norm is valid from 01/15/2016). The decision is made by the bailiff without going to court.

2:1223

Punishment in the form of 100 minimum wages if the bailiff finds out that the debtor is hiding his income.

2:1433

Payment of penalty interest for each day of delay in payments due to the fault of the debtor.

2:1560

Liability stipulated by the Criminal Code of the Russian Federation for repeated evasion by the defendant from paying alimony

2:184

If your husband has not paid alimony for more than four months, is hiding from bailiffs, has a large debt, hides his income, he may be held liable for non-payment of alimony.

2:546 2:556

The criminal code of the Russian Federation provides for the following types of punishment:

2:696

One year of probationary correctional labor with the performance of labor duties at the place of work, without the right to dismiss (you need the consent of the penal service). The unemployed are prohibited from refusing work offered by the employment service.

2:1153

Community service for a period of 120-180 hours is educational in nature and is not paid. They provide for cleaning the territory, washing floors, caring for trees.

2:1461

Arrest up to three months.

2:1512

Restriction of liberty for up to 1 year.

2:77 2:87

The initiator of the initiation of criminal prosecution is the bailiff on the initiative of the plaintiff or his own. The bailiff must prepare a material about malicious evasion from the payment of alimony and send it to the prosecutor's office or internal affairs bodies, then the case is transferred to the court.

2:606

Many men believe that living with a woman in a civil marriage will save them from paying child support.

2:812 2:822

3:1327 3:1337

How to make a civil husband pay alimony

An important point is the establishment of the paternity of the child, it is good if the common-law husband voluntarily agrees to recognize him. You need to apply with a joint application to the registry office in order to enter the father's surname on the child's birth certificate, and then the collection of alimony takes place in a general manner.

3:1963 3:9

In case of refusal to acknowledge the paternity of the child you need to go to court to start the paternity procedure.

3:236 3:246

In the statement of claim, you must indicate date of residence with the man and date of birth of the child. Indisputable proof is the conduct of a genetic examination, which will determine by 99% whether this man is the father of the child, but if the defendant refuses to do this, then the court examines circumstantial evidence.

3:820 3:830

Such evidence may be joint housekeeping, letters where a man acknowledges his paternity, money transfers, videos, photographs, testimony from friends and neighbors.

3:1190 3:1200

If the court makes a decision on the recognition of paternity, then with this decision you need to contact the registry office so that they make an entry in the birth certificate about the child's father. Cash payments will be accrued only from the moment the court recognizes the defendant's paternity.

3:1663

3:9

The Family Code and the legislation of the Russian Federation have a wide range of instruments for the protection of the rights of the child, allowing the recovery of alimony. The main thing is to know them and skillfully use them when protecting your legal rights. Good luck!

3:392 3:402

The number of divorces does not inspire optimism, as well as the psychological maturity of men, their willingness to pay child support after a divorce. What actions should be taken by a parent who has a dependent on the baby in order to cover the costs associated with raising him and buying the necessary things, where to go? When it is impossible to talk constructively with the party in debt, you have to go to court, go through lengthy procedures for considering cases.

Find out the reasons for non-payment of alimony

After receiving a court decision on the recovery of alimony and handing it over to the bailiffs, there are situations when the plaintiff does not receive the money. Months pass, and the balance in the bank account remains unchanged. What to do? Before filing another lawsuit, a woman needs to talk to the child's father and determine the reasons for non-payment. If they are weighty, then you can agree with the debtor, explain the need for money. Otherwise, the only way out of this situation will be the next court session with the subsequent mandatory collection of funds.

The most common reasons for the lack of maintenance payments on the part of the defendant are:

Is an unemployed person obliged to pay child support?

According to Art. 80 of the RF IC, a citizen is obliged to pay alimony without reference to his social status, that is, an unemployed person is not released from his parental obligations. If he is registered with the employment service and receives benefits, a certain amount is deducted from him for alimony. Yes, it will be small, but in this way the defendant can avoid arrears, penalties and fines for non-payment.

The defendant, who does not work anywhere, is assigned a fixed amount. The basis is the average level of wages in the country or region of residence of the defendant. If there is a debt, the bailiff initiates the sale of the property of the negligent parent to pay it off.

In the case of seasonal employment without formalization of labor relations, either the defendant voluntarily pays money for the child, or the bailiff checks the receipt of funds in his accounts. He collects the testimony of witnesses about the facts of the receipt of income by the debtor and assigns a fixed amount to be paid.

Is it possible to force a common-law husband to pay alimony?

A mother has the right to demand the payment of alimony for a joint son or daughter in 2 cases:

• the common-law husband voluntarily recognizes his paternity;
• paternity was established during the trial.

In the first case, you need to submit a joint application to the registry office, on the basis of which an entry will be made in the child's birth certificate in the column "father". In the second - a statement of claim indicating the dates of cohabitation and the birth of a child, on the basis of which the court will insist on carrying out a genetic examination.

After receiving a court decision on confirmation of paternity, the plaintiff transfers it to the registry office. Its employees make an entry in the child's birth certificate on the basis of the received document.

The plaintiff gets the right to demand alimony from the common-law husband only from the date of entering the information about paternity in the birth document (for more details, see the article :). Earlier attempts will be unfounded.

Responsibility provided for by the Criminal Code of the Russian Federation for repeated evasion of payment of alimony

In Russia, criminal liability is provided for non-payment of alimony by an ex-husband under the following conditions:

The types of punishments in accordance with the Criminal Code of the Russian Federation will be:

• Restriction of liberty for up to a year.
• Correctional labor for 1 year in parallel with official work without the right to dismiss from it. An ex-spouse who does not work anywhere is deprived of the right to refuse a job offered by the employment service.
• Up to 180 hours of free work on the improvement of public places (cleaning the territory, planting and caring for trees, washing floors).
• Arrest up to 3 months.

What to do if it was not possible to agree on the voluntary payment of alimony?

If the ex-husband, after all the attempts to peacefully resolve the issue of obtaining child support, does not meet halfway, you should file a claim with the court.

Depending on the initial data of the case, you can use either the general scheme or a simplified form of filing a claim. In the second option, the costs of paying the court fee and the time of the parties are significantly saved, since the magistrate does not summon them to the hearing.

Next, you need patience and close cooperation with the bailiffs, who will deal with the collection of payments and monitor compliance with the deadlines for their commission. If they let the case go by itself, do not take any action to collect money from the defendant, and the plaintiff has evidence of this, he submits a complaint to the higher management of the executive service.

Go to court

Parents who have not been able to peacefully agree on the timing and amount of alimony payments, resolve these issues in judicial procedure... More often, a woman drafts and submits a claim either to a magistrate or to the office of a civil court. At the same time, the amount of the fee is 2 times different - it is more in the second case.

Claims and orders

The laws provide for two ways to resolve the issue of collecting alimony in court - claim and order (simplified form) proceedings. Both of them have their own goals, duration, nuances.

It is more profitable to act according to the simplified form if there is information about the place of work and the level of the debtor's salary, proof of paternity is not required, the amount of debt does not exceed 50 thousand rubles. At the same time, the sitting by the magistrate is not held, he makes a decision alone only on the basis of the documents provided by the plaintiff. The duration of their consideration is 5 days. In the absence of objections and comments to the text of the document from the defendant, within 10 days from the date of its receipt, the order comes into force and is the basis for the actions of the bailiffs or the employer's accounting department.

It is more expedient to file a claim in court if the husband does not pay alimony and there is an arrears in payments over 50 thousand rubles or it is required to determine the method of their accrual.

All parties will be summoned to the meeting for questioning and collection of information by the court. To save nerves, it is better for the plaintiff to hire an intelligent lawyer who will defend the rights of his client.

How is child support charged?

There are only three ways of calculating alimony: shared, in a fixed amount and mixed. In the first case, according to the RF IC, a percentage is charged on income in favor of children - a quarter of the amount for the 1st, a third for the 2nd and half for the 3rd and more. This method is the most convenient and transparent for all parties involved in the process. True, if the defendant has a tendency to conceal his income, he can get a low-paying job and pay scanty sums, and live on unofficial income.

When the defendant does not have an official job or it is of a seasonal nature, fixing a lump sum is practiced. It is based on the average level of wages in the region or in the country as a whole. The disadvantage of this method is that the funds in this case are paid irregularly.

A mixed version is often inherent in alimony agreements, in which parents prescribe terms, amounts, period, duration and other parameters regarding payments for the child. In terms of their power, they are equal to writs of execution and court decisions.