Failure to pay alimony and taking action in 2023 - liability for non-payment of alimony in Russia - what is the punishment for failure to pay alimony in 2023

Divorce of parents is not so terrible for a child if dad and mom still take care of him, although they live separately. 

It’s worse when a divorce implies the complete removal of the father from the life of the “former family.” And it’s really bad if dad doesn’t even pay child support. After all, the quality of children's lives suffers greatly from this. A mother working alone simply does not have enough resources to meet the physical and mental needs of a growing person.

What can be done if the father does not pay child support, despite an agreement reached or a court decision? 

What legal measures are provided in this case? 

Is it possible to bring a grief-stricken father to justice and legally obtain financial support for the child?

Let's look at these issues thoroughly.

Types of liability for non-payment of alimony

Let's start with the fact that long-term non-payment of alimony can be of two types, depending on the circumstances of life and the motives of the alimony payer. In legal terms, the presence of guilt:

1. Non-payment or long delay for valid reasons
2. Malicious evasion of alimony obligations

If there are good reasons, the debtor may be released from paying the debt, or will be required to repay it without imposing additional penalties. If there are no good reasons, the principle of liability is the same as in the case of other offenses. That is, it is possible to bring to responsibility of three types: civil, administrative, criminal.  

Bringing to civil liability in 2023 implies full payment of alimony debt, plus payment of a penalty to the alimony recipient - 0.5% per day of delay. This is the standard amount of a penalty for violation of any civil obligations in the Russian Federation. To achieve this, you should file a claim in court.

Administrative liability may include:

• Penalties
• Seizure of accounts and property
• Restrictions on movement within and outside the country
• Deprivation of the right to drive a vehicle (driver's license) until the debt is fully paid
• Deprivation of parental rights

The executive body, the FSSP, is responsible for bringing people to administrative liability. The bailiff service, in addition to initiating enforcement proceedings, is also directly involved in it, collecting funds from the alimony payer-debtor through legal means.

Criminal liability for non-payment arises in accordance with Article No. 157 of the Criminal Code of the Russian Federation. And it is used in cases of malicious, long-term, repeated evasion of child support.  

The risk of criminal prosecution and a criminal record for the “normal”, i.e. a socially adapted person is a serious reason to think about the consequences of one’s actions.

The debtor's guilt and liability for non-payment of alimony

Quite often, alimony debts arise for reasons that, although the court will not consider them valid, are quite understandable and explainable from a human point of view. This is a loss or change of job, illness, debts on other obligations, moving to another city or country.

These circumstances are not a legal reason to terminate the support of one’s own child, but they also do not constitute a crime. In such cases, liability will be administrative or civil. Its degree depends on the amount and duration of the debt, the behavior of the alimony payer, etc.

Another thing is deliberate and malicious evasion of the obligation to support your child after a divorce. This is already a reason for criminal prosecution.

The opposite situation also happens. The situation may be that the alimony debtor is not at all to blame for non-payment and has become a victim of force majeure. Then he may be released by the court from paying the debt.

Malicious evasion of alimony payments

There are a number of signs that indicate the composition of a criminal offense - malicious evasion of the obligation to support a child after divorce:

• The amount of debt exceeding 10 thousand rubles. or delay in payments for 4 or more months
• Concealment of income, refusal or evasion of employment
• Wanted
• Change of residence for the purpose of avoiding alimony requirements
• Ignoring warnings from bailiffs that the actions of the defaulter are becoming criminal in nature.

ATTENTION! Only a court can establish the fact that a criminal offense has been committed. Even if all the signs of malicious evasion are present - for example, the child’s parent has not paid child support for more than six months and declares that he is not going to pay - in order to bring him to criminal responsibility, it is necessary to follow the procedure prescribed by law.

Exemption from payment of alimony debts

If alimony debt arose without the fault of the alimony payer, he is not responsible for it and may be released from paying the debt. The legal grounds for exonerating the debtor are:

• His stay in the territory of natural, man-made, man-made disasters: military operations, major accidents, natural disasters, etc. A complete list of insurmountable circumstances that relieve the alimony defaulter of guilt is contained in Article No. 401 of the Civil Code of the Russian Federation.
• The fault of other persons in the formation of debt. For example, payments were not received by the alimony recipient due to mistakes made by bank employees or accountants. Or enforcement proceedings were not opened due to the fault of a court official or bailiff. In such cases, the perpetrators are liable for negligence, and the alimony payer is released from liability.

ATTENTION! Alimony obligations cannot be terminated due to:

• Loss of ability to work (retirement, disability)
• Job losses (including complete business closure)
• Debt obligations or the emergence of additional obligations (alimony for other children or disabled family members)

If the financial situation of the alimony payer has changed such that he is unable to pay alimony in the established amount, he can apply to the court to reduce the amount of payments, but not to terminate them. 

Alimony (even if tiny) will have to be paid from pensions, disability/unemployment benefits, and if there are more alimony recipients. And most likely, it will not be possible to “write off the debt” either - in the best case, the debtor will be released from paying the penalty.

Therefore, if life circumstances have changed, it is important not to “play for time”, but to file a claim to reduce the amount of payments as quickly as possible. Then the debt will not accumulate.  

What is the penalty for failure to pay child support?

There are different types of liability for alimony debtors:

• Penalties, penalties, compensation

The percentage of penalties is standard for civil proceedings - 0.5% for each day of delay. Plus 7% enforcement fee for FSSP bailiffs.

If the alimony payer has no income, his property may be seized. After it is sold at auction, the alimony debt is repaid from the proceeds.

If it turns out that the payer is hiding income in order to avoid legal payment of alimony, he will be fined - 100 minimum wages

• Deprivation of parental rights

Willful non-payers of child support may be deprived of parental rights. The obligation to pay child support remains the same.

• Deprivation of the right to drive a car

This practice has long been successfully used in many countries. In Russia, the law on deprivation of rights for alimony debts came into force in 2016. The bailiff can independently make such a decision if the alimony debt exceeds 10 thousand rubles. All you need is:

• Availability of a writ of execution from the court
• Debt outstanding during the time allotted for voluntary fulfillment of obligations
• A document confirming the existence of a debt in excess of 10 thousand rubles.

Also, the basis for temporary withdrawal of a driver’s license may be an application from the alimony recipient.

Rights are confiscated by a bailiff and returned only after full repayment of the debt.

ATTENTION! Not everyone can have their driver's license revoked for child support debts. Rights are not withdrawn if:

• The amount of debt is less than 10 thousand rubles
• The alimony payer is disabled or is the parent of a disabled minor child (groups I-II)
• A car is the only means of generating income or is necessary to ensure livelihoods (for example, to get to work in a remote area)

Bailiffs transmit data about the debtor to migration, border, and visa services. He will be denied certain types of travel. However, since 2016, the amount of debt required to apply this measure has been increased from 10 thousand rubles. up to 30 thousand rubles.

• Forced or corrective labor

This is already a criminal preventive measure. Work can be assigned for a period of up to 1 year

The most severe measure is arrest for up to 3 months, or stay in prison for up to one year.

ATTENTION! The debtor may be subject to several types of liability at the same time.

For example, a fine for concealing income, a penalty for delay, seizure of accounts in order to write off the due amount from them, and restrictions on movement until the debt is actually repaid.

It is also important to understand that the imposed punishment does not cancel the obligation to repay the alimony debt. That is, the amount of the fine, for example, is not deducted from the amount of debt, but serves as an addition to it.

How to sue for non-payment of child support? Judicial proceedings

The practical bringing of the alimony debtor to responsibility occurs as follows:

• The alimony recipient applies to the court with an application (claim)
• The court makes a decision, then the writ of execution is sent to the FSSP
• Bailiffs will open enforcement proceedings in the next 10 days
• If the alimony payer refuses to voluntarily repay the debt, he is held accountable. Such a criminal case is initiated by bailiffs if the debtor ignored two written warnings from the FSSP
• If the alimony recipient considers the actions of the bailiff to be ineffective, he can submit to the bailiff an application to hold the alimony payer accountable, or complain about the bailiff himself to his superiors

Next, we will take a closer look at the stages of bringing the defaulter to justice and the documents that need to be drawn up for this.

Application to the bailiff for non-payment of alimony. Certificate from the bailiff and debt calculation

These documents are necessary when enforcement proceedings are opened, but the alimony debt is growing and is not actually collected.

The exact calculation of the debt is supposed to be made by the bailiff. If he does not do this, you should submit an application to him for calculation of alimony arrears. It is written in any form.  

You can find examples on the Internet or seek a free consultation with a family lawyer on the Prav.io portal. They will tell you everything in detail or indicate a safe address for downloading the sample.

The general rules are:

• First, a “header” is drawn up, which indicates the name of the FSSP body, the full name of the bailiff who is handling your case, your full name, address, telephone number for contact
• Then write the name of the document: “Application for calculation of alimony debt”
• The next section is a statement of circumstances. It must contain the full name of the alimony payer, your full name, the date of the court decision on the payment of alimony, the date of commencement of enforcement proceedings, data on the amount of alimony paid and when the payments stopped. This part ends with a request to accurately calculate the resulting debt, taking into account indexation (if alimony was calculated according to the minimum wage)
• The document ends with the date and personal signature of the applicant

The bailiff accepts the application, makes a calculation, makes a decision and issues the applicant a certificate containing the following information:

• Dates and amounts of payments
• Amount of debt for alimony payments

This document can be used as proof of claim when going to court

Application for a court order or statement of claim for collection of alimony debt

The debt can be collected through a judicial order. This is a summary proceeding that takes place in the Magistrates' Court. The personal presence of the plaintiff and defendant is not required.

The application is drawn up in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, according to the following scheme:

• Name of the judicial authority where the document is submitted
• Full name, passport details, address of the applicant
• Full name, address, place of work of the alimony payer
• Statement of the circumstances of the case and the requirement to collect the full alimony debt from the payer
• Links to the evidence base (alimony agreement or court decision, certificate from the bailiff about the fact of the debt)
• List of attached documents (copies of passport, marriage or divorce certificate, birth documents of children, certificates from place of work and housing authorities are required)
• Date and personal signature of the applicant

The application can be submitted to the court (magistrate) at the residence address of the alimony recipient or alimony payer. This can be done in person, by mail, or through a representative (a notarized/certified power of attorney is required)

When the decision is made (the review period by law is 5 days), the debtor and the recipient receive identical court orders. The debtor can challenge the order within the next 10 days.

If the order is canceled as a result of an appeal, the alimony recipient will have to go to court a second time.

The statement of claim is also drawn up in free form, in accordance with the requirements of the Code of Civil Procedure of the Russian Federation. You can find a sample on the Internet or seek advice from a lawyer.  

Application to the bailiff about malicious non-payment of alimony. Sample

If the behavior of the alimony payer contains all the signs of malicious non-payment of alimony, he may be brought to criminal liability. Asking the district court to initiate a criminal case is beyond the competence of the alimony recipient. A criminal case can only be initiated by a bailiff who is directly entrusted with enforcement proceedings (debt collection).

However, the alimony recipient has the right to induce the bailiff to take this step. For this purpose, a statement of malicious non-payment of alimony is submitted to the bailiff.

Just as for other similar documents, a strict form for this application is not provided. It is written in any form and in accordance with the requirements of the Code of Civil Procedure of the Russian Federation:

• “Hat”, including the name of the FSSP body, the name of the bailiff and the applicant’s details
• Title – “Application for criminal prosecution for malicious evasion of alimony payments” (you can also indicate the full name, address, place of work of the debtor here)
• The main part is a statement of the circumstances of the case, namely:
• date of conclusion of the alimony agreement or court decision on alimony
• amount and forms of alimony payment
• when alimony payments stopped (or were not made at all)
• current debt amount
• The final part is the requirement to bring the malicious debtor to criminal liability, date, personal signature of the applicant

A sample can be found on the Internet or obtained from a lawyer during a free consultation.

The bailiff will consider the application and, if there are legal grounds and evidence, will open a criminal case against the debtor. Collection of the amount of debt in favor of the alimony recipient will be carried out regardless of the outcome of the case and the penalty for the defaulter.

If you still have questions on this topic, ask them to family law specialists working on the Prav.io portal.

Child support from the state

Many Russian mothers (since most often in single-parent families minor children stay with their mother) are concerned about the question: if the father does not pay child support, can the state pay for him, and where should he go for this? In this regard, State Duma deputies, government officials and representatives of the public have repeatedly spoken out about the need to create a special alimony fund , with the help of which material support would be provided to children who do not receive payments from irresponsible parents.

Unfortunately, there is still no . However, in some regions of Russia, needy low-income mothers and fathers who do not receive alimony for minor children can apply to social protection authorities for an increased monthly child benefit .

In addition, the state is expanding the list of punitive measures against debtors to encourage them to repay their debts.

If the enforcement search for the debtor does not bring success for a long period of time, in 2023 the mother (father) of the child is given the right to apply to the Pension Fund of Russia (PFR) to receive financial assistance.

Photo pixabay.com

Does the state pay alimony for the debtor?

On April 3, 2023, a group of State Duma deputies from the LDPR faction proposed an amendment to the Family Code regarding state support for citizens entitled to alimony (draft bill No. 680786-7). Government officials are discussing the possibility of obliging the state to pay alimony to children and other needy categories of persons, starting from the 6th month of absence of payments by the person obligated for alimony.

According to the current legislation, child support can be awarded both in shares and in a fixed sum of money (TDS):

If the child’s mother or father leaves abroad for permanent residence, and no agreement on the payment of alimony has been reached between the parents, the interested person has the right to determine the amount of the TDS in court. The law also gives the right to provide certain property of the payer as alimony .

However, the assignment of alimony payments does not guarantee the receipt of funds into the child’s account.

Vice-Rector of the Academy of Labor and Social Relations Alexander Safonov emphasizes that evasion of alimony payments is a widespread practice. Most often, fathers refuse to provide for their children and do not take part in their upbringing.

According to statistics, in approximately 50 percent of cases, bailiffs cannot find debtors or collect alimony from them.

Law on payment of alimony by the state

Back in 2014, State Duma deputies O. A. Nilov, O. L. Mikheev and S. M. Mironov came up with Bill No. 489583-6, the purpose of which was to expand guarantees for children to receive alimony payments.

In particular, it was said that the amount of funds collected per child should not be lower than the subsistence level in the region of residence .

An exception could be difficult life situations of the alimony payer:

• disability;
• establishing the fact of serious illness;
• the need to care for a sick or incapacitated family member, etc.

In addition, deputies considered the possibility of creating a state alimony fund , from which payments would be made to needy citizens if they did not receive alimony. Unfortunately, the bill was rejected by the State Duma on July 5, 2017 and has no legal force .

There are debates in society about the advisability of making compensatory alimony payments by the state for the debtor.

On the one hand, the project corresponds to state policy and will be aimed at protecting the interests of motherhood and childhood - one of the most socially vulnerable groups.

However, shifting the responsibility of able-bodied family members to the state can have a number of negative consequences.

Alimony fund

The idea of ​​creating an alimony payment fund in Russia has been discussed by government officials for a long time. It was assumed that the purpose of this structure would be to change the mechanism for paying alimony . At the moment, the claimant cannot receive funds until they are paid by the debtor.

If an alimony fund is created, then if there is a debt, funds for the child (or other disabled dependent) of the defaulter will be allocated from it. Thus, the alimony holder will no longer owe money to the collector , but to the state, which has more powerful leverage over debtors.

If the bill had been adopted, most likely, the state would have stopped compensating for child support in the same cases as when it was paid by the person obligated to pay it. These factors are regulated by Part 2 of Art. 120 of the Family Code of the Russian Federation:

• in the event of the death of one of the parties (payer or recipient of financial assistance);
• the son or daughter of the payer reaches the age of majority or the child acquires full legal capacity;
• upon the fact of adoption of a child for whom alimony was paid;
• expiration of the terms of the notarial agreement or the occurrence of circumstances that are the reason for its termination.

The adoption of a law on the creation of an alimony fund would allow women and men who do not receive alimony from their second parent for a long period of time to count on receiving compensation from the treasury. So far, no corresponding amendments have been made to the Family Code, and in 2023 there will be no alimony from the state .

What does the state do if a parent does not pay child support?

Guardians with whom minor children live do not have the right to receive alimony from the state if the debtor fails to pay it. However, the authorities have developed a number of effective measures by which the Federal Bailiff Service (FSSP) influences defaulters and forces them to repay the debt .

However, if certain conditions are met, citizens can count on material compensation from the state in the event of non-receipt of alimony. In particular, the right to receive increased child benefits , taking into account the criteria of his need. This method is suitable for low-income citizens with children under age.

Conditions for receiving benefits

The amount of preferential payments, the timing and frequency of their appointment are established and regulated by each subject of the country individually (Article 16 of Federal Law No. 81-FZ of May 19, 1995). However, there are general principles according to which benefits can be increased:

1. The recipient of alimony must be recognized as low-income, that is, the average monthly income for each family member must not exceed the subsistence level.
2. The claimant has a writ of execution or a court decision in his hands.
3. The alimony holder is hiding and (or) not fulfilling his financial obligations.
4. Accumulation of unpaid debt (on average, about 6 months).

Monthly payments may also be slightly increased in cases where the child’s parent :

• is undergoing military service;
• does not pay child support for the following reasons:
  • evades payment of alimony;
  • serving a prison sentence;
  • undergoes compulsory treatment;
  • is wanted.

The duration of payments is established by the authorities of the constituent entities of the Russian Federation . For example, in the Bryansk region, funds are paid until the age of 16, and if the child continues to study in a general education organization, then until the age of 18.

The amount of benefits also varies and can range from several hundred to several thousand rubles . To clarify official information about the amount and duration of payments, you must contact the social protection authorities . In some regions there may be no surcharge.

How to get benefits for non-payment of alimony

To receive “children’s” benefits, the legal representative of a child whose parent does not pay child support must contact the social security authorities at the address of residence and provide the organization’s employees with a package of the following documents:

1. Application for child benefit.
2. Child's birth certificate.
3. A certificate confirming that the child lives together with the parent who wishes to receive the benefit.
4. Certificate of salary for each family member - to confirm low income and need.

Depending on the circumstances, the following evidence is required that payment of alimony is not carried out or is impossible :

• information from the bailiff service that the location of the debtor was not established at the time of applying for increased benefits;
• a certificate of the location of the debtor: from the place of deprivation of liberty, from a medical organization, as well as a document confirming that the alimony holder does not have earnings sufficient to fulfill the court decision;
• information from the military commissariat about the conscription of the child's father for military service.

The list of required documents can be expanded: for example, sometimes a divorce certificate is required. Up-to-date information should be obtained from the social security authorities in the locality of residence.

In this case, the recipient of assistance will need to periodically confirm their low-income status so as not to lose benefits. If the relative starts paying child support again, payments from the state will also stop.

Compensation for child support from the state if the parent is wanted

If the executive search for the alimony debtor does not bring results within 1 year , the recipient of financial assistance has the right to go to court to recognize the payer as missing. If the judge makes a positive decision in the case, the child whose missing parent will be entitled to receive a survivor's pension instead of child support.

On March 7, 2018, Vladimir Putin signed Federal Law No. 48-FZ, amending Art. 278 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation.

Thanks to these amendments, when considering a case on declaring a citizen missing, judges have the right to request information about the wanted alimony worker directly from the bailiff conducting the proceedings in the case.

Previously, only internal affairs bodies, which were not involved in providing information about alimony debtors, could confirm information about the impossibility of finding absent citizens. This created a hopeless situation that prevented people from receiving a pension instead of alimony.

Children whose fathers (or mothers) are missing are equated to citizens who have lost their breadwinner , according to Part 1 of Art. 10 of Federal Law No. 400-FZ of December 28, 2013. Consequently, they have the right to material support from the state in the form of an appropriate pension.

It is paid until the age of 18 or 23 , if the child is studying full-time (full-time).

Thus, responsibility for the financial support of a child, one of whose parents is missing, does not fall solely on the shoulders of his mother, father or other guardian.

How to get a pension instead of alimony in 2023

After 1 year of unsuccessful search for the alimony holder, the bailiff is obliged to:

1. Call the recipient of funds for an appointment.
2. Explain to him the procedure for filing a claim with the district court to declare the debtor missing.

If, for some reason, the bailiff does not call the collector after a year of fruitless searches for the debtor, the recipient can independently visit the official and demand clarification from him about the procedure for declaring the alimony provider missing .

List of documents submitted to the court to recognize a citizen as missing:

1. Statement of claim.
2. Plaintiff's passport.
3. A copy of the court order or court decision on alimony.
4. A copy of the resolution on the amount of alimony debt - as confirmation of unfulfilled alimony obligations.
5. A copy of the resolution on placing the debtor on the executive wanted list.

If the claims of the alimony recipient are satisfied, the court’s decision to recognize the defaulter as missing will become the main basis for assigning a pension instead of alimony . The legal representative of the child will need to contact the regional division of the Pension Fund of the Russian Federation and clarify with government agency employees the further procedure for obtaining the required pension.

Recognition of the alimony provider as missing entails serious sanctions for him. If a negligent parent is found, he will subsequently be obliged not only to repay the debt to the state represented by the Pension Fund of Russia, but also to continue to pay child support for the minor child.

Debtor's liability for non-payment of alimony

Family, executive and administrative legislation defines a wide range of effective measures to influence debtors. The application of penalties should encourage alimony payers to repay the debt. The methods used by bailiffs include:

1. Fine:
   • Articles 17.14 and 35.1 of the Code of Administrative Offenses (CAO) of the Russian Federation provide for fines from 1,000 to 20,000 rubles;
   • according to Part 2 of Art. 115 of the RF IC, the recipient of alimony payments has the right to recover from the debtor a penalty in the amount of 0.1% of the debt amount for each day of delay.
2. If you have a debt of 10,000 rubles. It is possible to suspend a special right – the debtor’s driver’s license .
3. Ban on travel outside the Russian Federation.
4. Seizure of funds and property of the defaulter, and also provides for the possibility of foreclosure on the property of the defaulter. This means that the debtor’s property and money located in banks can be withheld and allocated to pay alimony debt .
5. Putting the defaulter on the wanted list.
6. Deprivation of alimony parental rights.
7. Involvement in compulsory work for up to 150 hours.
8. Administrative arrest – from 10 to 15 days.
9. If there is a deliberate malicious failure to pay alimony, alimony may be applied to a citizen criminal liability measures:
   • correctional or forced labor;
   • arrest up to 3 months;
   • imprisonment for up to 1 year.

Criminal liability (maximum sanction) occurs if administrative methods have already been applied to the alimony defaulter, and they did not bring results .

In accordance with the law, sanctions will be applied to the alimony provider only if the debt arose through his fault. Otherwise, the citizen may be exempt from paying the debt .

Responsibility for non-payment of alimony: criminal, administrative, deprivation of parental and driver's licenses | Legal Advice

Last updated February 2023

Supporting their children until adulthood (sometimes later) is the direct responsibility of their parents. And failure to fulfill duties inevitably entails liability. Therefore, if your ex-husband (less often a spouse) does not pay alimony, there is a real chance of bringing him to justice. Read on to find out how to do this and what it threatens him with.

The most serious and unpleasant type of liability for a defaulter is criminal liability for non-payment of alimony. Article 157 of the Criminal Code of the Russian Federation is dedicated to it. The main element requiring proof in this crime is MALICIOUSNESS. Since this concept is evaluative, the Law does not interpret it. Therefore, let's turn to judicial practice.

It is interesting that malice as a fact requiring proof consists of two components:

• debt time frame (systematic);
• actions aimed at evading payments (perseverance).

In most cases, judges recognize evasion as systemic if alimony has not been paid for 4 to 6 months.

If the payer paid alimony at least once during these months, then there is no consistency. Even if he again does not pay, for example, 4 months, and then pays once, then there is no basis for criminal prosecution.

Court decisions list the following actions aimed at evading alimony:

• hiding your location;
• concealment of place of work;
• providing the court with false documents about income and place of work, certificates, etc.;
• search for alimony payer;
• an impressive amount of alimony debt.

These are the most common types of debtor behavior. In practice they may be different. Perhaps your spouse’s actions resemble a fictitious bankruptcy? This may also be regarded by the court as persistent evasion of alimony payments.

The recipient of alimony can initiate the process of bringing the debtor to criminal liability by filing an application for non-payment of alimony (sample) to the bailiff or the prosecutor's office.

Many people are interested in how long they face for non-payment of alimony. However, such a question is somewhat incorrect.

• Firstly, any article of the Criminal Code of the Russian Federation contains an alternative sanction, that is, different punishments are provided for committing a crime, which the judge chooses at his own discretion.
• Secondly, the term for each type of punishment is different, and therefore it is impossible to answer this question unambiguously and in one sentence.

Criminal liability is implemented in the form of a court assigning a specific type and amount of punishment. According to Article 157 of the Criminal Code of the Russian Federation (taking into account Section III “Punishment”) these can be:

• correctional labor – up to 1 year;
• forced labor – up to 1 year;
• arrest up to 3 months;
• imprisonment for up to 1 year.

Previously, the application of Art. 157 of the Criminal Code of the Russian Federation was very rare. But recently there has been a tendency to “revive” it. Thus, according to statistics from the Federal Bailiff Service in the Lipetsk Region, 964 criminal cases were opened in 2015.

Administrative liability for non-payment of alimony

Administrative liability for non-payment of alimony arises on the basis of Art. 17.14 Code of Administrative Offenses of the Russian Federation. After a court decision is made to collect alimony, bailiffs control the process of paying alimony, and therefore, in case of evasion, they promptly respond to this using the above article.

The efficiency lies in the fact that bailiffs have the right to impose administrative liability without waiting for the approval and coordination of their decision with other law enforcement agencies.

The offense is considered proven if the debtor’s behavior manifested itself in the following:

• failure to comply with the legal requirements of the bailiff;
• providing false information about your rights to property;
• failure to report a change of place of work, study, residence, or receipt of a pension.

If at least one of these actions was committed, then there is reason to apply Art. 17.14 Code of Administrative Offences. The punishment in this case will be an administrative fine in the amount of 1,000 to 2,500 rubles.

To bring to administrative responsibility you do not need to prove “maliciousness”! If one of the above actions was committed at least once, then the bailiff has the right to respond by imposing a fine.

If there is no reaction from the violator, then Article 20.25 “Evasion from the execution of administrative punishment” can be invoked.

It provides for the following types and terms of punishment:

• a fine equal to twice the originally imposed fine;
• administrative arrest for up to 15 days;
• compulsory work from 20 to 50 hours.

This article, as we see, has more unpleasant consequences for the debtor. But it can only be applied under the condition that some kind of administrative punishment has already been imposed (in our case, a fine under Article 17.14).

Revocation of driver's license for failure to pay child support

Since the beginning of 2016, it has become possible to deprive a driver’s license for failure to pay child support.

A temporary restriction on driving is not a punishment for failure to pay child support as such. It is rather a measure of security for a debt obligation. It applies if the debt exceeds 10,000 rubles.

Before depriving a driver's license, bailiffs must notify the debtor of such a measure. The legislation provides for several ways of such notification:

• agenda;
• mail notification;
• email.

Please note that the fact that the debtor reads the notice does not matter. If, for example, a summons was served, but he does not want to read it, or even refuses to serve it, he is considered to have been properly notified. The same applies to the case when the notice was sent to the specified place of residence, and the debtor changed it and did not inform the bailiff about it.

In fact, the deprivation of rights occurs as follows: the Federal Bailiff Service informs the traffic police authorities about its decision, and they suspend their action.

Of course, no one will take away your copy of your driver's license. But the first time your vehicle is stopped while the license is suspended, a warning will be given.

If it is ignored, then the consequences may be as follows:

• compulsory work;
• deprivation of a driver's license for up to 1 year.

Deprivation of parental rights

Deprivation of parental rights for non-payment of child support can hardly be called liability. This is rather the result of the parent’s absolute non-participation in the child’s life, as well as his refusal to provide financial assistance to his child.

To deprive parental rights, the desire of the mother (less often, the father) is not enough. Sufficient reasons for this are required:

• malicious evasion of alimony payments;
• non-participation in the child's life.

“Maliciousness” can be proven in a separate process to bring the debtor to criminal liability, or perhaps directly in a civil process initiated by the second parent’s application for deprivation of parental rights.

Non-participation in a child’s life can be expressed in the following:

• the parent does not visit the child;
• does not communicate with him using means of communication (telephone, Internet, mail);
• does not give him gifts;
• does not attend parent-teacher meetings in kindergarten, school, etc.

To prove this in court, along with the statement of claim you should submit:

• birth and marriage certificates;
• confirmation from school or kindergarten employees that they did not see the second parent picking up the child after classes, visiting him, etc.;
• testimony from neighbors that they did not see the debtor near the child;
• certificate of the amount of alimony payments (you need to contact the bailiff for it).

Deprivation of parental rights will not carry with it a criminal record as a criminal liability or cause damage to the financial situation as an administrative fine, but from a moral point of view it is the worst thing that can happen to a parent.

In the civil legal aspect, he will have literally no rights to the child. From now on, until the child reaches adulthood, all decisions of legal significance will be decided solely for him by the second parent.

In conclusion, I would like to note that prosecution for non-payment of alimony is quite possible. Try to explain this to the debtor using evidence of alimony.

Perhaps the prospect of having a criminal record, an administrative penalty, or losing your driver's license will make you think about your debt and start paying it off.

Well, if not, liability for non-payment of alimony for this category of persons will certainly arise.

Ordinartsev Roman Valerievich

Non-payment of alimony and taking measures 2023

Patience has run out, experts explain. According to the Federal Bailiff Service, 1.6 million writs of execution for the collection of alimony were pending in the year. In total, about ten million children live in single-parent families. The State Duma plans to consider the corresponding bill developed by the Government in the first reading at the beginning of the year. After this, children are offered survivor pensions. Now in such cases, courts usually refuse applicants:

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

• Punishment for failure to pay alimony will become severe and inevitable 
• Responsibility for non-payment of alimony in Russia
• Non-payment of alimony. Administrative and criminal liability
• Administrative liability for evasion of alimony payments
• All about child support
• Punishment for alimony debt in 2023
• Punishment for failure to pay alimony will become severe and inevitable
• Administrative liability for evasion of alimony payments
• Responsibility for non-payment of alimony
• Deprivation of the right to drive a car for child support debts in 2023

Step 2.

Punishment for failure to pay alimony will become severe and inevitable 

Submitting documents to court Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call 8. It’s fast and free!

We know how to easily resolve the issue of non-payment of alimony. To do this, there are a number of simple and effective steps that the child’s mother will need to take in order to quickly cope with this problem. Also remember that from January 1 of the year the court may reduce the amount of the penalty or alimony arrears.

This is done at the request of the alimony payer. Most often this happens if he is seriously ill or has a poor financial situation. In addition, the amount of the penalty for each day of delay has been reduced since the year.

To do this, submit an application to the Magistrates' Court, indicating your requirements. This application will be reviewed within five days, after which a decision will be made. If the child’s father does not object, then the court order will come into force and you can give it to the bailiffs for execution.

In the application, indicate your passport details and information about the defendant. The application must also include information about your children. Don't forget to include a copy of your birth certificate and a copy of your marriage registration or divorce certificates.

If the child's father does not agree with the demands that you have made of him, the court order will be canceled. In this case, you will need to file a claim with the same court. Attach to it the same documents described above.

The trial of the case may last several months. After the decision is made, you can receive a writ of execution and give it to the bailiffs. This year, for failure to pay child support, the court may deprive the father of parental rights, and the prosecutor may initiate a criminal case under an article of the Criminal Code of the Russian Federation.

They can be imprisoned for up to one year. Debt and penalty If the child's father does not fulfill the requirements specified by the court, the bailiffs must collect the debt from him.

To do this, you need to multiply the number of months during which there were no payments by the amount of alimony. You can also add a penalty to the resulting amount. It is half a percent for each day of delay. After this, take the resulting results and calculations to court. If everything was calculated correctly, the court will rule in your favor.

Liability for non-payment If the alimony payer does not fulfill his obligations in full, the court may rule on malicious evasion. As a rule, this happens if payments are not made for more than three months.

In some situations, the court may also decide to terminate parental rights. Questions and answers Olga My ex-husband must pay rubles every month for alimony to his son. My husband has been avoiding payments for a year now.

During all this time I did not receive a single ruble from him. What can I do in this situation? Answer Failure to pay child support is a malicious violation of the rights of the child.

First, you need to contact the bailiffs so that they count all the debt and penalties. You can recover this amount through the court. In addition, you can initiate a criminal case for malicious evasion of alimony payments.

There is another option - to file for deprivation of parental rights. If the spouse has any property, the bailiffs can seize it. Elena The court decided that the ex-husband is obliged to pay alimony for his daughter in the amount of rubles every month. My husband doesn’t officially work anywhere and doesn’t pay alimony normally.

Can pay rubles once every two months. And this story has been going on for six months now. Is it possible to file a lawsuit to have him prosecuted? Answer In this situation, you will not be able to sue for malicious evasion of alimony payments.

Nastya filed for divorce three years ago. She also filed documents to collect alimony from her ex-husband for his daughter. The court satisfied my demands.

According to the court decision, the husband must pay twenty-five percent of his salary monthly. There have been no payments from him during all this time, and he also avoids contact with me. Can I apply to the court again for alimony?

Liability for non-payment of alimony, of course, exists. In some cases they even face criminal charges. Svetlana My husband must pay alimony monthly. The writ of execution is with the bailiffs.

For eleven months now, my husband has not paid anything at all. Every time I ask the bailiffs what they are doing, but they don’t answer normally. They say that the spouse now has no permanent income and they cannot do anything with it in this situation. Where can I go to get some results?

Answer Write a statement addressed to the head of the bailiff service with a request to give a written answer on your situation.

You can also contact the prosecutor's office. You can even write a statement to the court against the inaction of the bailiffs. Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

Responsibility for non-payment of alimony in Russia

Home What measures will follow for non-payment of alimony in the year Alimony is money that must be paid by one family member to another close relative, subject to certain circumstances.

There are several types of alimony obligations: However, sometimes situations occur when a person does not want to pay funds, does not do so in full or with delays. In case of non-payment of alimony, the person is held legally liable.

Also, the father or mother may be deprived of parental rights.

Non-payment of alimony. Administrative and criminal liability

What is the penalty for non-payment of alimony Punishment for non-payment of alimony in the year According to official statistics from the end - beginning of the year. Responsibility for non-payment of alimony does not frighten the debtor, despite the fact that his actions are considered unlawful and can lead to serious consequences.

Our article will tell you how debt is collected and what laws were introduced in the coming year. Due to the growth of a large number, at the legislative level it was decided to make some amendments to the debt collection system.

The procedure for filing an application, trial and calculating charges has not undergone any changes.

The amount of alimony debt is 10 thousand rubles. This is a threshold level; if the debt is less, the driver’s license will not be confiscated.

The alimony payer deliberately refuses his obligations, that is, he is aware of the existence of the debt, and at the same time he does not have any valid reasons for allowing it, either illness or financial difficulties.

All data will be transmitted via a secure channel Promptly Fill out the form, and within 5 minutes a lawyer will contact you. There are many reasons for non-payment of alimony. In some situations, the payer deliberately simply refuses to support the recipient child, in others, he does not actually have the opportunity to provide for his needs due to personal problems.

Administrative liability for non-payment of alimony for the debtor arises if there are grounds established by law. The initiator may be a claimant or a bailiff. To understand this issue, it is important to know all the subtleties and requirements of regulations. Administrative responsibility:

Administrative liability for evasion of alimony payments

Submitting documents to court Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call 8

The table presented above reflects the amount of debt for each month with indexation carried out by the bailiff. The indicators are summarized: Next, the penalty in rubles is determined based on the size of the debt and the number of days of delay:

Your progress of answers Administrative liability for non-payment of alimony A person who evades for any reason the fulfillment of material obligations in relation to his child may be brought to administrative liability by an executive authority, namely the Federal Bailiff Service, hereinafter referred to as the FSSP, since this body carries out collection arrears on alimony obligations. After a court decision is made, which awards alimony obligations and their amount, the child’s legal representative receives a writ of execution. If the debtor fails to pay alimony, you must: Contact the bailiff service with a writ of execution. The bailiff will issue a decision to initiate enforcement proceedings. Next, the bailiff will control the transfer of funds to the account. Current legislation for non-payment of alimony provides for the imposition of an administrative fine, as well as the adoption of certain other measures: Restriction of the debtor's right to leave the country A citizen who does not comply with a court decision on alimony obligations may be restricted from leaving the country.

Punishment for alimony debt in 2023

Credit obligations; Alimony and other civil obligations, for example, payment of compensation for moral damage, alimony to parents; If the alimony payer has changed his family or financial situation, as a result of which difficulties have arisen with the payment of alimony, he should apply to the court with a claim to reduce the amount or change the form of alimony payments. But it will not be possible to acquire the right to terminate your obligations or be exempt from paying the resulting debt. What is the penalty for failure to pay child support?

Over the past year, two important laws have been adopted, which were adopted in November and on. Such measures are taken if the total amount of alimony is . There is also criminal liability for non-payment of alimony.

Penya There are parents who flatly do not want to provide financial assistance to their own children and try in various ways to find a way out in order not to pay child support. At times, we are talking about non-payment of alimony for more than one year, the debt reaches extreme proportions and it is not possible to achieve any payments.

Administrative liability for evasion of alimony payments

We will send the material to you by email: By clicking on the button, you consent to the processing of your personal data and sending letters. Alimony is money paid by one family member to another. Most often we are talking about the obligation of parents to support their minor or incapacitated children.

Responsibility for non-payment of alimony: Video What is alimony Alimony is the name given to financial payments transferred by citizens to relatives in need of financial assistance.

Thus, this type of financial assistance can be transferred by a father to support a minor child from a previous marriage or, for example, by a daughter in favor of elderly parents.

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Deprivation of the right to drive a car for child support debts in 2023

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