What if the organization doesn't pay alimony?

Maintenance payments for a child must be recovered in strict compliance with the law; the basis is the existence of executive documents such as: a court order;Executive list (I.L.) andVoluntary agreement.

If the maintenance worker works for an organization, company, establishment or enterprise, the obligation to calculate and transfer the money from his earnings on a monthly basis and to lay on the shoulders of the accounting profession at his place of work.

We would like to know what to do if the organization does not pay alimony: where to turn and what to expect?

Period of transfer of maintenance by business

The retention of maintenance money is strictly regulated by the legislation in force.

It matters!The procedure for transferring children ' s money must be carried out at the latest.3 daysFrom the time the payer's salary was calculated.

The recipient of the money must know that if the payer is paid twice a month,I.L.if maintenance is to be paid once a month, then the accountant must also transfer the money once a month, then the failure to pay the child ' s money from the advance portion of the salary is not considered a delay or a liability.

What risk does the employer face for delaying maintenance?

Russian legislation regulates serious liability for late payment of child maintenance, ranging from administrative liability to criminal liability.

Consider penalties such as: penalty, deprivation of driver ' s license, taboos to travel abroad and arrest.The Committee recommends that the State party take all necessary measures to ensure the full implementation of the provisions of the Convention.No. 115 of the Russian Federation for the delay in the transfer of children ' s money.

For the delay of alimony, the perpetrator:

1. Must pay the amount of damages.0,5%It's a 24-hour delay.
2. It is necessary to recover all losses arising from the delay.

In order to apply these penalties, a judicial decision is required: a lawsuit must be filed.

Take note!The above-mentioned pecuniary penalties may be imposed on the maintenanceer only if there is evidence of his guilt.

However, when the delay in alimony payments is caused by outsiders: for example, the company's employees are the employer, it is not necessary to pay damages and to compensate the alimonyer for the loss (see paras.

textDecision No. 9 of 1996 of the Plenum of the Supreme Court.).

Article 109 of the Russian FederationSays that the employer must deduct money from the employee ' s salary every month on the basis of the employee ' s application.

The basis for this is:Executive documenteitherVoluntary maintenance agreementformer spouses, orjudicial procedure in connection with the application of the Optional Protocol to the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and Rwandan Citizens Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and Other Such Violations Committed in the Territory of the Former Yugoslavia and Other Such Violations Committed in the Territory of the Former Yugoslavia and Other Such Violations Committed in the Territory of the Former Yugoslavia and Other Such Violations Committed in the Territory of the Former Yugoslavia and Other Such Violations of International Humanitarian Law Committed in the Territory of the Former YugoslaviaIt's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay, it's okay.

The procedure for the calculation and payment of maintenance must be carried out in accordance with the executive document, within three days of the employee ' s receipt of salary or other payments.

You should know! Article 98 of the FZ "On execution proceedings"She said that an official should not commit irregularities in terms of the timing, size and manner of calculation and transfer of children ' s money.

Followingparagraph 3, article 17.4 of the Code of Criminal Procedurethe violation of the rules on executive proceedings leads the guilty official (for example, the Chief Accountant) to impose administrative liability.

What if the employer went bankrupt?

Quite often, the reason for the cessation of settlement and alimony payments is the company's financial insolvency, in the event of its bankruptcy. An organization declared bankrupt loses every opportunity to transfer money not only to its business partners, but also to employees.

In order to clarify the situation, it is necessary to make sure that the issue of a company being declared bankrupt is actually being considered.on the official website of the arbitral tribunal.

Useful information!Recovery of money, in a situation where the organization does not pay alimony on the performance sheet because it is recognized as bankrupt, is regulatedNo. 134 of the Russian FederationThis article clarifies two options for bankruptcy:

№/№	Company bankruptcy
1.	When a maintenance worker works for a company at the time when a bankruptcy case is pending.	An application must be made to the arbitral representative requesting the payment of the maintenance debt.
2.	When the alimony payer quit, but never received salary and severance pay.	Full reliance must be placed on the actions of the parent receiving maintenance payments, since the parent (mother) is genuinely interested in receiving the money. In this case, there is no guarantee of money: case law suggests that it is very difficult to collect debt due to the lack of assets in the company – bankruptcy.

What should be done to get alimony?

Let's figure out what to do if the business is constantly delaying the payment of maintenance.

• First of all, there is a need to understand why child support is not paid by the enterprise;

If the recipient enters into a regular dialogue with the accountant of the maintenance organization, it will not be difficult to learn all the necessary information "from first hand." For example, employees, in a private dialogue, can give an approximate date of payment or report the company's forthcoming bankruptcy.

• where the delay in maintenance is not related to the company ' s financial insolvency, then it is necessary to writeFree declarationIn the name of the manager, the payment of the debt and the presentation thereof;

This statement should be printed in two copies: on one copy, the company ' s office should indicate receipt; in the event that the organization does not respond to the application and does not wish to pay the debt, the next steps should be taken.

• If the carer's employer is in breach of the time limit for the transfer of money, the bailiffs must be contacted.FFSP), which carries out the execution of the penalty.

It is the bailiff who has the right to initiate an administrative investigation, with the application of penalties, against an organization that does not pay children ' s money for its employees.

Recourse to the bailiff

In order to appeal to the bailiff, a statement must be made freely and must contain the following particulars:

• Information on the addressee (specify the FSP office that carries out the recovery);
• Information on the applicant and the debtor (F. I. O., business name, address and telephone number);
• Information on the problem (issue: delay in maintenance);
• Information on the requirement to bring the guilty party to justice.

An example of such treatment is given below:

Recourse to the courts

The main advantage of turning toFSPF(or the prosecutor) is that the recipient of the child ' s money has only one small document to write:The complaintto the company - the employer, orStatementThese two instruments are not subject to any strict requirements by law.

But if the beneficiary of maintenance living with the child is willing to solve the problem in a court of law, it is wiser for him to seek the assistance of an experienced lawyer. Two main reasons are given:

1. An action must be made in strict compliance with the rules of procedure.
2. This claim should be accompanied by a number of documents proving that the employer has not paid.

That's a big point!In the event that the above requirements are not met, the claimant will be denied consideration of its claim.

The justice of the peace most often hears such claims; there is no margin for consideration, as the solution is aimed at improving the quality of life of a minor.

Last resort - application to the Public Prosecutor's Office

In this situation, the Public Prosecutor ' s Office should monitor the observance of citizens ' rights in various spheres of life, especially when the minor ' s rights to a decent life and material security are violated.

1. Once the matter has been examined, the prosecutor will prepare a perception of the need to remedy the violations found.
2. If the company has for a long time evaded alimony payments, the official will have to apply to the court and hand over all necessary documents to the jurisdiction.

A complaint to the Public Prosecutor's Office: How to draw it up?

The legislation does not provide a strict framework for the Public Prosecutor ' s Office ' s complaint of non-payment of children ' s money, so that the recipient (mother) has the opportunity to draw up the document on his/her own, the main point being that the complaint should contain the following information:

1. Information about the person receiving alimony.
2. Information on the specific facts of the case (data on:I.L.; evidence that the company, the employer, refuses to transfer children's money to the recipient's maintenance account).
3. Information that the employer of the alimony payer had violated the minor ' s right to receive money from the payer (father).
4. Please review the situation and clarify it, with appropriate penalties being imposed on the perpetrator.

Pay attention!It is not necessary to add other information to the text of the complaint, but it should be understood that the more specific the complaint is, the easier it will be for the prosecutor to understand the problem and identify the perpetrator.

Deficiencies for non-payment of maintenance

Unfortunately, many companies are very tolerant of late payments of maintenance money to their employees, believing that delay is not critical.

Even when such payment is provided forI.L.eitherby order of the court.

Today, however, accounting staff who "forget" to deposit children's money into a minor's account are increasingly being held accountable.

Article 315 of the Criminal CodeRegulates penalties for non-payment of maintenance money from an employee ' s earnings.

This article implies rules of liability for an authorized person, such as:

• the imposition of a penalty of up to200,000 rubles;
• The right to arrest such a person for up to two years.

Thus, the delay in maintenance by the employer implies liability, both administrative and criminal.Article 115 of the Russian FederationRegulates the following sanctions:

• Reimbursable damages in the amount of0,5%for each day of delay;
• Compensation for damage caused by the delay in the transfer of maintenance money.

These measures are applied only if there is an appropriate judicial verdict when the guilt has been fully proved.

In accordance with the textNo. 109 of the Russian FederationandArt. 98 of the FZ "On executive proceedings"the employer has only three days to pay and transfer maintenance to its employee.

If the organization doesn't pay alimony to its employee, what do we do?See article 17.

4 CoA, for violation of the conditions prescribed inI.L.or the requirements of the bailiff, provided for the imposition of material sanctions on the perpetrator, in the amount of15.000- to20,000 rubles.

A fine may be imposed on the company as a whole.50.000 – up to 100,000 rubles.

Executive summary

The obligation to retain maintenance money from an employee ' s earnings rests entirely with the enterprise if the employer receives an executive document, the procedure for the payment of child benefits and the liability for avoiding them are laid down in the law, and the procedure for payment is the accounting.

Maintenance must be paid once a month from all the payer ' s income: advance payments, salary payments, bonuses, sick leave payments, leave payments and any other income accrued by the enterprise.

The law strictly regulates the period of maintenance -three daysThe accountant calculates the full monthly amount of the maintenance payer's income and determines the maintenance amount that is transferred to the recipient's account within three days.

The Organization delays the payment of maintenance, what to do

The money for the maintenance of a minor child is paid in accordance with the procedure established by the executive document: an executive note, a court order or a maintenance agreement; usually, the money is transferred to the recipient ' s account once a month, but some parents face a problem when the organization delays the payment of maintenance.

The delay in obtaining maintenance is, of course, a very unpleasant thing which, in the first place, violates the child ' s right to maintenance for both parents; in such a situation, a minor loses the opportunity to obtain the money necessary to meet his or her life needs.

The lawmakers had foreseen that there could be a delay in maintenance, so that the Family Code established certain liability for the non-payer, and if it was established that the delay in payment was not attributable to the carer himself, but to the accounting of the organization where he worked, the penalty would be the perpetrator and not the parent.

Liability for late payment of maintenance

In accordance with the provisions of this legislation, in the event that the payer fails to meet his or her maintenance obligation, he or she may be held liable for several types of liability:

1. Payment of 0.5 per cent of the total debt for each day of arrears.
2. Compensation for all losses sustained by the recipient as a result of the delay in the receipt of funds.

In order to do so, a parent living with a child must file a claim requiring that the maintenanceer be held liable for non-compliance with the performance sheet.

Responsibility of the organization for late payment of maintenance

There are situations in which it is not the child ' s parent who is responsible for the delay in the payment of maintenance, but the employer who does not pay on the performance sheet.

In accordance with the requirements of the law, if a maintenance worker has a permanent official place of work, the child ' s maintenance money shall be deducted from his/her salary; this shall be done by the organization ' s accounting.

This is very convenient because the employee does not have to make too much trouble and calculate the amount of maintenance (if it is a percentage of wages rather than a fixed amount) and transfer the money to the recipient ' s account.

In fact, such a delay could occur for many reasons and could be brought to justice.

By a decision of the Plenum of the Supreme Court of the Russian Federation, a maintenanceer may not be held liable for the delay in the disbursement of funds unless it is his fault.

In such a case, the official responsible for the transfer of maintenance to the recipient ' s account must be punished.

When considering issues relating to the late payment of maintenance by an enterprise, account shall be taken of the requirements of the legislation limiting the payment of wages; the Labour Code stipulates that wages shall be paid to a person not strictly on a specific day but within a specified period of time; if the organization complies with these time limits, officials shall not be held accountable.

Risk of non-payment of maintenance

Unfortunately, most organizations are committed to delays in the payment of child support for an employee ' s child, even if the need for such payment is established by executive notice or a court order; however, accountants who forgot to transfer money to a minor ' s account have become increasingly liable.

The penalty for non-payment of maintenance from an employee ' s salary is set out in article 315 of the Criminal Code of the Russian Federation, in accordance with the provisions of this article, the authorized person may be liable to the following types of liability:

1. A fine of up to 200,000 rubles.
2. Imprisonment for up to two years.

However, as a rule, bailiffs are limited only to recovering debts and paying damages of 0.5 per cent of the total debt for each day of arrears.

Whether the organization has the right to delay maintenance payments

The answer to this question is in article 109 of the Family Code of the Russian Federation, which establishes the procedure for the payment of maintenance by the employer; in particular, this article stipulates that the payment of money by a legal person shall be subject to several rules:

1. On an executive list or other equal legal force of the document.
2. The recipient of the money referred to in this document.
3. Cash is made available in hand or by transfer to a bank account, and postal transfers are also allowed.

According to the law, an organization ' s accounting must transfer funds within three days of the employee ' s receipt of wages; if the accountant forgets to perform his or her duties, he or she shall be held liable.

It should be borne in mind that if an employee receives a salary twice a month and the executive documents pay maintenance once a month, the accountant must carry out the transfer once, in which case the failure to pay the advance money will not be considered a delay and may not entail any liability.

The Organization delays the payment of maintenance, as in this case

If the organization delays payment of alimony, the parent may act in several ways.

Appeal to the Public Prosecutor ' s Office

If the employer has failed during his or her obligation to contribute money to the maintenance of a minor child, the first thing to do is to report to the Public Prosecutor ' s Office, which has the power to monitor the observance of citizens ' rights in various areas, so that he or she can help in cases where the child ' s right to maintenance from both parents is violated.

After consideration of the matter, the prosecutor suggests the need to remedy all the violations identified.

In cases where the organization has for a long time evaded the transfer of money to the child, the official shall refer the case to the court and transmit all documents under its jurisdiction.

Recourse to the bailiff

If the organization delays the payment of child support to its employee, the recipient may refer the matter to the bailiff, in which case the specialist may enforce the recovery of money (e.g. seizure of property in order to settle the outstanding debt).

An administrative fine may also be imposed for late payment of maintenance, for which the bailiff may file an application with the arbitral tribunal.

The delay in the payment of maintenance payments by the organization is a violation of article 17.14 of the Code of Administrative Offences, and fines for legal persons are far more serious than for physical ones, so that the employer of the maintenance worker will have to pay a substantial sum of money for such a violation.

Recourse to the courts

A third possible solution to this problem is to bring a claim before a court, in which case, in the case of delay in the payment of maintenance for a minor child, the recipient may claim not only the payment of the outstanding debt but also compensation for the delay in obtaining the money.

Such compensation is nothing less than a penalty for late payment of maintenance amounting to 0.5 per cent of the total debt for each day of arrears.

How to file a complaint with the Public Prosecutor ' s Office

At the legislative level, there are no strict requirements for the preparation of a complaint of non-payment of maintenance for the Public Prosecutor ' s Office, which can be compiled by the parent himself, as follows:

1. A witness about the recipient of the maintenance.
2. Information on the facts of the case (execution sheet, as well as on the non-payment of funds).
3. Information that the employer of the alimony payer had violated the child ' s right to be paid by the parent.
4. Please clarify the situation and apply measures to the perpetrator.

The addition of other information was not necessary, but it was worth remembering that the more precise the statements were made, the easier it would be for the prosecutor to understand the matter and to identify the perpetrator, the permissible measures of action.

How to Handle the Wanted Judge

As a rule, a parent who has not received alimony first refers the matter to the carer or to the accountant of the organization that has failed to do so; if such an attempt to resolve the matter has not led to any result, the bailiff must be contacted.

It is this official who is authorized to carry out measures aimed at enforcing the decisions of the court and the voluntary agreements of the parents on the payment of maintenance for the minor child, in order to recover the money, and the bailiff may seize the debtor ' s property as well as his bank accounts.

In addition, the bailiff has the right to initiate administrative proceedings against the perpetrator for failure to comply with the requirements contained in the executive documents.

How to Make an Application

At the legislative level, there is no specific form of application to the Federal Service of the Constabulary to the effect that the employer of the carer is delaying the payment of maintenance payments, i.e. the parent may make the application on his own, based only on a list of mandatory information to be provided in the document:

1. Information on the payer and the recipient of maintenance payments.
2. Information on the conditions for the payment of maintenance, as contained in the executive document.
3. The circumstances of the case (information that the employer pays maintenance late, thereby violating the rights of the minor child for whom the money is intended).
4. References to administrative, family and executive laws.
5. Requesting the bailiff to impose penalties on the persons responsible for the offence.
6. Documents supporting all the circumstances specified in the application (copies of supporting documents, receipts, cheques and bank statements, letters to the employer and replies).
7. Date of the statement.
8. Signature of the applicant.

How to resort to a court of law

The main advantage of resorting to a bailiff or prosecutor is that a parent needs to prepare only one small document — a complaint against an employer or a statement — and these documents are not subject to strict legal requirements.

If a parent living with a child wishes to resolve the matter in court, he is likely to have to seek the assistance of a lawyer.

1. The application must be made in accordance with the rules of procedure.
2. Certain documents must be attached to the claim as evidence of the employer ' s failure to pay child support.

In the event of non-compliance, the claimant will be denied consideration of the documents.

As a general rule, all maintenance cases are heard by the justice of the peace, and no fee is charged for such cases, since the decision is intended to improve the living conditions of the minor child.

Please note that Russian legislation is constantly changing and that the information we have written may become obsolete. In order to resolve your family law issue, you can contact the website ' s free legal advice.

Where to go if the organization delays the payment of maintenance – action plan

The payment of maintenance, not by the payer, but by the organization in which he works, is provided by law as a guarantee that the child ' s mother will receive the money; however, there are cases in which the organization in which the father works delays the payment of the approved maintenance; and what to do in order for the employer to send the money he has received will be dealt with in the article.

Retention of maintenance from an employee's salary is an obligation of the enterprise, which arises when the employer receives an executive document.

The organization may not, at its own discretion, fail to comply with the obligation to transfer the sum(s) prescribed in the document to the person ' s account.

The procedure for listing and liability for evasion are laid down in the law, and the transactions are carried out by the accounting department.

Maintenance is paid once a month.

• Advance payments;
• Wages;
• Awards;
• sick leave payments;
• Vacation leave;
• Other income that is credited by the organization.

Maintenances are paid in shares or in a firm amount, usually 25, 33 or 50 per cent of earnings, the maximum amount of payments may be 70 per cent of income, most often in cases where the debtor repays the outstanding funds.

There is a three-day period for the payment of maintenance; it is tied to the time of payment of wages; the accountant calculates the entire monthly income of the payer, determines the amount of maintenance to be paid and sends it to the recipient within three days of the payment; and if the business fails to pay the money, the delay begins on the fourth day and there is no penalty.

The procedure is that first the income tax is deducted from all amounts and then the alimony is calculated, and it's important to know the recipient of the money.

The delay in the payment of maintenance is not only for the father but also for the employer; each of them is liable only if there is a fault.

If the parent had done what was required of him to pay, he would not be held responsible, nor would he be able to recover the delay; the Organization could terminate the payment on a legal basis.

And then it's impossible to ask her to pay her debts, and in which cases, we'll figure it out.

If the accountant pays less, not in time or at all, it is necessary first to determine whether there is a reason for doing so, i.e. to specify who is responsible for the fault, to find the person liable for the delay; the employer will not be held guilty and to make proper reimbursement on such grounds:

1. The organization is not liable in the event that the employee resigns; the employer no longer gives him his salary or gives him alimony; the payer does not always inform the ex-wife of the change of employment in a timely manner; and she may expect the money to be received, even though he is no longer working in his place; he may be able to help talk to the payer; and if he refuses, talk to the employer to see if the child's father continues to work for him.
2. The second reason for the termination of maintenance payments, in which there is no fault in the organization, is the age of majority of the child, in which case the child ' s maintenance ends legally.

The organization ' s oral communication is best duplicated by written statements, on which the employer is obliged to provide an official written reply, which may be used as evidence in court or in the service of bailiffs if necessary.

The employer is guilty of failure to comply with the law and is liable if the delay in paying maintenance is due to his actions.

It may be a deliberate or accidental accounting error, management decision, financial difficulties of an organization that delay wages and even conspire with a maintenance payer.

In all these and similar cases, the mother has the right to claim payment and to protect the rights of the child.

The law provides for monetary liability for non-payment of maintenance to children; the longer the non-payment period, the larger the amount of the payment; sometimes the only calculation of the arrears that will arise, if the employer continues to delay the payment, can be a good excuse for the payment of the debt.

• The Organization is required to pay the full amount of maintenance for the entire period of delay.
• And list the default of 0.5 per cent of the debt per day.

For example, the father ' s salary, net of a tax of 20,000p, was set at 1/4 per cent, i.e. 5,000 pp. The employer delayed payments in September and October for only 61 days. The penalty is 0.5 per cent*5000*61=1525.

In addition to the types of liability listed, the authorized person may impose a fine on each perpetrator, and the citizen will pay 2,000 to 2500r, the accountant, the director, 15,000 to 20000r, and the legal person, 500,000 to 100,000 rubles.

The first step is to write a letter to the employer asking for payment of the debt.

The letter states:

• Name of organization;
• FIO of the mother of the child and of the payer;
• The details of the execution sheet;
• the substance of the requirements.

The letter should be printed in two copies and delivered to the office or the receiving director (or sent by registered letter with a notice of delivery and an investment list).

There, the letter is registered, certified and given back, and the other one is kept. If the mother brings the letter in one copy, it is possible to take a copy from it and put the registration data on copies.

The organization shall then keep the original and the copy shall be given to the applicant.

The employer must answer in writing why he does not pay alimony, and the letter may be sent by mail, or the recipient of the maintenance takes it back to the office, and it must be accompanied by the outgoing number and signature of the authorized person.

The statement to the bailiff shall contain:

• The data of the payer, the payee;
• The details of the executive document;
• The substance of the requirements;
• Documents supporting the circumstances (copies of invoices, statements to the employer, reply and other documents).

The bailiff is empowered to deal with such situations, and the law provides him with ample opportunity to ascertain the circumstances, to search for those responsible, and the bailiff has the right to carry out activities for the peaceful resolution of the matter and even to seize the organization ' s accounts in the amount of the arrears.

The third step was recourse to the courts, and it was important to prepare for the trial even better: to file a statement of claim, to collect evidence, to make an accurate calculation of the arrears, and to consider the case and take a decision that was binding on all parties.

The enterprise does not pay alimony: what to do, where to go, what is the employer's responsibility?

The delay in the payment of maintenance is common in our country, but sometimes maintenance is not the fault of the payer.

What if the accounting profession fails to pay alimony or detains it?

Delay in maintenance payments by the employer of the payer

In general, wage-earners pay for children ' s maintenance through the accounting system at the workplace (detailed in the article: model application to the accounting office at the place of work for maintenance).

The executive list shall be sent to the enterprise by the bailiffs, and shall be presented by the employee himself or by the recipient of the maintenance.

They are payable during the payroll period of staff members, but not later than three days.

If the enterprise failed to transfer the money in time, the parent will be in arrears and will be subject to fines and penalties, which may not always be the fault of the maintenance payer, and sometimes he does not know that his employer does not pay the full amount, which is why it is necessary to check periodically the existence of the debt on the FSPF website.

For what reasons the transfer of maintenance from the workplace does not take place:

• The company's account does not have the funds to pay, in which case the employees do not receive their wages, and the fault for the violation is not with the accountants and the director, but with financial difficulties.
• Technical breakdowns, misbehaviour by the bank, and full responsibility lies with the banking staff.
• At the request of the maintenance payer, if there is a conspiracy between the accounting staff and the employee.
• An accountant's faults: Often, responsible persons lose their executive lists, are inattentive and forgetful; such errors result in punishment at the level of the organization (coercion, warning, dismissal) and other measures.

In each case, it is necessary to understand the reason for the delay and to identify the perpetrator, since the contributor is in arrears, which is punishable by a fine and a fine, to be held responsible and compensated by the perpetrator.

How do we get payments?

If an accountant fails to list maintenance on time, it is necessary to try to resolve the issue at the local level and to understand the reason for the delay. The firm ' s difficult financial situation cannot be the reason for the delay in maintenance. Please explain to your management that he faces administrative and criminal liability for evasion.

If these measures have proved ineffective, there is a need to turn to the public authorities, which are called upon to protect the interests of citizens:

• The Public Prosecutor ' s Office;
• Service of bailiffs;
• Court of Justice.

Where do you apply to the recipient of the maintenance?

The prosecutor examines the matter and makes a submission demanding that the violations be corrected and that the entire amount of the detention be paid; if the employer is not in a hurry to comply with the requirements of the prosecutor ' s office, the official shall refer the case to the court.

Model complaint to the Public Prosecutor ' s Office:

The public prosecutor ' s office ' s complaint is free of charge, and it is important to comply with certain formal requirements.

• Information on the recipient and payer of maintenance;
• Information on the employer;
• The details of the execution sheet or settlement on the basis of which the translation takes place;
• The circumstances of the case;
• Request to assist in remedying the violation.

The second possible way out of this situation is to go to the bailiff's office.

The FSPF has the right to seize the assets of the non-payer organization in order to further implement and fulfil obligations towards employees, and administrative liability in the form of a fine should be imposed.

At the same time, the fine is significantly higher than for an individual, and these measures usually have a good effect.

Model application to the SPF:

In the text, specify:

• Information on the payer and the recipient of maintenance;
• Data on the implementation sheet or settlement agreement on maintenance;
• Statement of the facts of the case;
• Please influence and punish the employer.

The claim can be submitted immediately to the court, without the Public Prosecutor ' s Office and the SPCF, and at the same time as the request to resume the payment of maintenance and the payment of arrears, the employee has the right to demand payment of the penalty, which is calculated at 0.5 per cent of the amount of the debt.

Statement of claim (model)

It is much easier to act through the Public Prosecutor ' s Office or the SPCF than to bring a case before a court, sometimes the only way for an employee to obtain justice is to prepare a case and file a complaint with a qualified lawyer; it will help to gather evidence and prepare documents properly for trial.

Model statement of claim:

The claim must be accompanied by a list of documents that support your view of the employer ' s guilt; if the plaintiff wins the case, the costs are paid by the defendant; the proceedings may also take place in the absence of one of the parties, so there are no delays in the sufficiency of the documents.

In practice, such claims were generally granted, since the interests of minors were a priority and their violation was always punished.

Employers ' liability for delay or non-payment of maintenance

The amount of maintenance must be paid to the recipient within three days of the payment by the payer; if the employer does not adhere to the time limit or does not send the money at all, he may be held liable.

Such violations are subject to material, administrative and criminal liability and it is irrelevant whether the employer is a legal person or an IP.

The bailiffs have the right to bring the perpetrators to administrative responsibility, which is expressed as a fine of:

• An individual entrepreneur, ranging from 2,000 to 5,000 roubles;
• A perpetrator employed by a legal person, from 5,000 to 20,000 rubles.
• The legal person (organization) is between 50,000 and 100,000 rubles.

Practice shows that the accountant is usually fined, i.e., the person who, by reason of his or her official duties, directs the payment of maintenance, and he or she may also be sued, including compensation for late payment and recovery of damages.

It is important to prove that it is the accountant who is responsible for the delay, sometimes for objective reasons that the organization ' s staff could not prevent.

Criminal liability is imposed only if the court ' s decision to pay is seriously ignored; criminal penalties are initiated by bailiffs; the recipient must therefore open an execution procedure; if a settlement agreement has been concluded between the parents, it must also be provided for in the SPF.

What if the organization does not pay alimony: for an employee

The payment of maintenance is rarely made by the payer himself, usually by an employer who keeps the amount in question, and if the organization does not pay alimony, it is a serious violation of the law.

General

The procedure for recovery and payment is regulated by the Family Code of the Russian Federation (Chapter 17); the recovery of maintenance is carried out in various ways; this may be an agreement or an application to a court.

An agreement, a court order or an executive record shall be handed over to the employer to the payer.

1. The amount to be retained may be a fixed fixed amount or a percentage of the salary.
2. Retention and transfer of funds to the account indicated in the documents.

The amount of payments under the law may be expressed as a percentage of earnings or a fixed amount, as follows:

• Up to 25 per cent, not one child;
• Up to 33 per cent for two children (16.5 per cent for children born in different marriages);
• No more than 50 per cent (70 per cent) for three or more children.

The accountant calculates the final amount on his own, and only then can maintenance be retained; if a firm monetary amount is established, the payments must be indexed.

The retention of maintenance takes place after the payment of income tax; if the employer delays the payment, the employer will be held liable; with regard to the time limit, the law allows only three days from the employee ' s receipt of his salary.

If the delay occurred only once and the rest of the time the maintenance for the employee is calculated without problem, it is not necessary to hold officials accountable; a slight delay in maintenance is allowed in the event of a change in the length of pay and in some other cases; however, in the case of systematic delays in maintenance, action must be taken with determination.

What to Do to the Beneficiary

There are many ways in which the recipient can find a solution to his problem and bring the employer to justice, but first you have to go directly to the employer and comply with the official procedure:

1. A statement is made first. It's simple here, the document is not uniform, so you can write it in an arbitrary form. The recipient is the head of the organization.
2. The employer may then ignore the applicant without providing him with a written explanation.

There may be several options: for example, the employer takes steps to remedy the deficiencies and the bookkeeping provides alimony to the applicant.

Or the statement remains unanswered (may be sent a formal reply) and no payment is made.

In order to prove the employer ' s further application, the beneficiary of the maintenance must send the application by registered letter with notice.

Judicial bailiffs

The next step is to appeal to the bailiffs, who are responsible for ensuring that maintenance is provided on time.

If the payment is not made, the bailiff has the power to enforce the penalty, not only for individuals but also for businesses.

The bailiff may inspect the accounts, seize the company ' s accounts and property, and apply to the courts to bring the officials to justice.

The application is also standardised; the period during which the money is not paid, the amount of the debt, etc. It should also be written that the application was submitted to the head of the organization, but no explanation was provided, and the application must be accompanied by the relevant documents by which the recipient can confirm the delay in payment.

The Public Prosecutor ' s Office

The Public Prosecutor ' s Office can be contacted if the bailiff ' s actions have not yielded the desired result.

1. A description of the circumstances of the case.
2. Please bring the perpetrator to justice.
3. Documents.
4. Signature.
5. Date.

The papers need to be standard.

Court

Usually, the first two ways of influencing an employer who has violated the law are sufficient: the bailiff or prosecutor can easily not only order the official to resume payments but also bring them to justice; the applicant may apply to the court if he wishes to receive additional compensation or to collect damages.

For example, because of the delay in payments, the health of the minor has deteriorated, etc. If there is evidence of harm due to the employer ' s actions, the child ' s guardian may recover moral or material damage.

If the employer deliberately violates the established procedure, he or she will be held administratively liable under article 17.14 of the Code of Criminal Procedure, which provides for the following penalties:

• The official is required to pay between 15 and 20,000 roubles;
• A legal person, from 50 to 100,000 roubles.

In practice, it is the accountant who is most often found guilty, and the law requires the offender to pay not only an administrative fine but also a penalty (0.5 per cent for each day that is delayed).

However, in order to enforce the penalty, it is necessary to apply to the court, since the bailiffs do not have the authority to do so. The SPC is only able to obtain official data on the amount of the debt. The calculation of the penalty is not done either by the bailiffs, so it is possible to do so on their own or by contacting a specialist. The amount of the penalty must be included in the statement of claim.

Payer's fault

Often, alimony is not paid by the payer, not by third parties, and before accusing the employer of delaying his money, you should talk to the payer, which will help not only to determine the reason for the non-payment, but also to determine whether there is a fault.

From a legal point of view, the employee ' s guilt in delaying maintenance may be as follows:

1. He lost his job, and it doesn't matter whether it was his own dismissal or downsizing.
2. He refused further employment, and the payer does not want to register with the Employment Centre to receive the benefit.
3. A parent ' s obligation to support a child is not exempt from disability or retirement age; only payments begin to be withheld from the pension.

Nor are other dependants, credit or mortgage, etc. valid reasons for the pass, but there are factors that indicate that the payer is not guilty:

1. The delay was due to circumstances of irresistible force (crash, emergency, etc.).
2. Severe living conditions: hospitalization, the need for a costly operation.
3. The pass was the fault of third parties; it may be not only an accountant of the organization, but also a bank worker.

Various technical failures in the transaction indicate that there is no fault not only of the employee but also of the employer; a payer who has become aware of the delay in payment on the part of the employer may request justification from the employer; this document must be transmitted to the bailiffs in order to avoid prosecution.

Let's sum up.

Employers rarely fail to comply with the maintenance procedure because they do not want further difficulties; various delays are most often due to technical reasons or to negligence of officials; if their actions are proven with intent, they can be prosecuted and paid.