What is the threat for non-payment of alimony in 2023 - what is the threat of non-payment of alimony to a defaulter in Russia in 2023

The legislation regulating the rules
for payment and maintenance of children will not make major changes, but
the existing levers of influence on debtors will be improved, since many
defaulters hide from the bailiff service and always
manage to find various ways to fail to pay alimony.

Recent
changes in legislation and what now awaits alimony payers in 2023
.
Unfortunately, nowadays family values ​​are increasingly fading away and this leads to marriages breaking up.

divorces every year
, and according to Russian legislation, in 2023 one of
the parents must pay child support.

After reading the article, you
will learn about all the new changes in the law on alimony.

Many
alimony payers fulfill their obligations before the law in full,
but as can be seen from statistics, there are more defaulters every year
.

How will
alimony be calculated starting in 2023

It is worth
saying that there will be no changes in the area of ​​calculating alimony
and all the rules governing the conditions for the emergence of material obligations
specified in the Family Code of the Russian Federation remain unchanged.

The rules of law that regulate the following key provisions have been preserved

1. The assignment of alimony is still the
   same, perhaps as a percentage, in shares or in a mixed
   version;
2. Maintenance funds can be
   peacefully registered with a notary and you can receive a legal agreement or
   resolve the issue through the court;
3. Enforcement
   proceedings, possibly after receiving a writ of execution, as
   well as termination, termination and suspension, possibly according to
   regulations;
4. Calculation of deadlines for
   enforcement proceedings;
5. The grounds for termination in
   enforcement proceedings remain the same.

Who should pay child support after divorce?

There have been no changes
here many people have questions about which parent should pay child support.

Let's take
the most common example, when one of the parents buys a child once a
month, for example, a banana, a pack of bagels, and he himself works officially and
allocates little money for the maintenance of the child, then the spouse has the full
right to compensation in cash payments, or , which is discussed in a written
agreement.
If there is no agreement, then go to court, where the judge will determine all payments.

Amount of child support if the father is unemployed

There are many villages, towns, and villages
in Russia be very large. The wages vary in each region.

Of course,
you can try to collect the maximum amount of alimony from the father, and the law does not
prohibit this, but will the alimony payer be able to do so in
this case?
Lawyers and advocates always advise, first of all, to agree on the amount of alimony and enter into an agreement, which will reflect the minimum
monthly amount of payments that will suit both parties.

not
possible to peacefully establish the amount of minimum payments, then
the court will establish it.
When resolving the issue through the court, you need to understand that the amount may be lower than you expected, since many factors will be taken into account: the reason for
the divorce, income level, region of residence, social status and many other
indicators that are important for the court.

Many
payers agree to pay alimony and the court in their case
sets a minimum amount, but if the payer evades
alimony, then the average statistical amount will be calculated and the court
will take the average figures for Russia as a basis.

Lack of work is not a reason for non-payment of alimony.

Indexation
of alimony in a fixed amount

Indexation
of alimony in 2023 will occur without changes, according to previously established
rules.
In accordance with Part 1 of Art. 117 of the RF IC, the obligation to perform indexation lies with the employer for whom the alimony payer works.
If the alimony worker does not officially work, then the responsibility for indexation lies
with the bailiff.

Indexation in
a fixed amount occurs on the basis of the region’s subsistence level, and if
the subsistence level is not established, then the average values ​​for
the Russian Federation are taken.

All rules
are regulated by law and they are indicated in the Family Code of the Russian Federation, namely in clause 5.2
“Methodological recommendations on the procedure for fulfilling the requirements
of executive documents for the collection of alimony,” approved by letter of
the Federal Bailiff Service No. 01-16 dated June 19, 2012.”

These
rules are also valid in 2023, which makes it possible with a high degree of probability
to guarantee the recipient of alimony for the use of services and goods, despite
their increased prices.

Minimum
child support in 2023 from a non-working person

It’s already 2023, and it’s not always easy to withhold alimony in the required amount, since the time for wages in an envelope has not passed and the employer is successfully accepted to the minimum official salary, and the second most part is paid in an envelope, and in this case it is difficult to count on payments for child support .

Average for Russia

Of course,
it is better for residents of large cities to focus on wages, but for people
from villages and outbacks, the minimum wage indicator will help.

The law
is constantly changing for the better for recipients of alimony, for
example, the government has established the minimum wage equal to 11,280
rubles 00 kopecks.
It is from the minimum wage that alimony will be deducted. For one child, minus personal income tax, it turns out to be 2453 rubles, for two children 3271 rubles, for
the third 4906 rubles.

For example, the children's subsistence level in the city of Moscow was established by the Moscow Government by decree of June 11, 2023.

N 672-PP and amounts to 14,647 rubles, and since both parents take part in raising the child, the amount is divided in half, 14,647 2 = 7,323 rubles.

, and when the cost of living is established for the 2nd–3rd quarter and in the event of an increase in the cost of living, the amount of alimony will be indexed.

In what
case does a child become a child support payer?

A child who has reached the age of majority can be recognized as
the payer if one of the parents needs help, alimony payments can be ordered
through the court or, by agreement, a notarial agreement can be drawn up with
a notary taking into account all the requirements.

The peculiarity
in this case is that the law does not establish a minimum amount of payments
and everything here is individual.

There are also
restrictions; in cases where a parent has been deprived of parental rights, he
cannot receive child support payments from the child.
to withdraw a statement of claim from court if there is evidence and the parent previously evaded
paying child support to his child.

Who
is responsible for paying child support in 2023?

The payment of
alimony is regulated by law, and as is known, ignorance of the law does not
exempt from responsibility; therefore, alimony payers need
to monitor changes in legislation in their own interests, and most importantly, in
the interests of the child.

The legislation
according to the new rules obliges to make monthly alimony payments in
the following situations:

1. Married spouses
   were able to conclude an amicable agreement, and if
   it was not possible to conclude an agreement, the issue is resolved through
   the court;
2. A spouse who is
   pregnant and still 3 years after the birth of the child;
3. If the child is
   recognized as disabled, payments will be made until he reaches adulthood;
4. If one of the spouses
   does not officially work and needs financial assistance;
5. In the event of a divorce, one of
   the spouses has the right to alimony, if he needs it, then he can
   declare it before the divorce or after the divorce within 12 months;
6. Assignment of payments and retirement
   by one of the spouses within 5 years from the date of official
   dissolution of a long marriage;
7. Children who cannot receive
   payments from their parents may be forced through the court to make payments to their
   grandparents;
8. Of course, grandparents,
   in case of needing help, can, by court decision,
   demand payments from their grandchildren and granddaughters;
9. Children under guardianship and
   trusteeship also have the right to receive similar payments.

Payment of
child support after 18 years of age (if the child is studying)

Mothers who raise
their children on their own and try to cover all daily expenses
are faced with educating their children in higher educational institutions after the age of 18, which
is very expensive and it is not possible to cover all expenses.

Many
mothers demand child support payments even after the age of 18, citing the fact that the child
is studying full-time at a university, but this is a big misconception and
obtaining a higher education is not a vital factor.
It is possible to demand payments for a child undergoing training after 18 years of age, but only if
he is declared incapacitated by the court.

The question
is discussed in many forums on the Internet, but everywhere the answers are without reference to the law,
but they wanted to apply this law back in 2015, so that children receiving
education after 18 years of age would have the opportunity to receive alimony for the duration of their
education, but this law remains the same were not accepted.
A child who expects to receive alimony can only count on financial assistance from his parent,
who can help at will.

Do not
forget that the training time is not eternal and the interval in years is from 18 to 24
years when studying at a higher educational institution, and in technical schools, lyceums and other
smaller educational institutions, the period will be shorter.

For
child support payments, only full-time education is taken into account and
only disabled children under 24 years of age can receive payments, but disabled children can count
on payments throughout their lives.

IMPORTANT: If a disabled child is employed, the payments stop and he can fully cover his expenses.

Deprivation of deferment from the army

The Government of
the Russian Federation has proposed depriving fathers who do not
pay child support of deferments from the army, and this provision will also apply to those who are behind in
payments to disabled children.

This bill has already been approved and will allow
those who have two or more children or a child and a wife registered
at the antenatal clinic for pregnancy over 26 weeks to serve in the army.

Statistics
show that 9% of defaulters are subject to conscription for military service, but
23% of debtors are from 42 to 54 years old.

What are the consequences
of non-payment of alimony in Russia in 2023?

Non-payment
of alimony in Russia is always a serious issue for debtors in Russia.
Just a few years ago, a child support defaulter could hide and pay nothing
to the child so that he could develop and learn about the world, but the reality is that everything
is changing and recent changes have severely changed the rules for paying child support.

Measures to collect child support will be tightened in 2023.

to hide from
paying child support, and even worse it will be punishable by the new
law.
The changes affected the field of civil law, criminal law and the Code of Administrative Offences.

Administrative
liability affected the possibility of depriving a driver’s license, as
well as imposing fines for non-payment, arresting travel outside
the Russian Federation, and in some cases may impose a ban on leaving the
region.

Criminal
liability works and the courts make decisions under Art.
157 of the Criminal Code of the Russian Federation. The punishment is: imprisonment for up to 12 months, correctional labor, arrest for up to 90 days,
forced labor for up to 150 hours.

Civil penalties
include: deprivation of parental rights or the accrual of penalties on the amount of the debt.

The law has become
stricter towards non-payers and enforcement measures against debtors are becoming more
stringent, but refusal to pay alimony can lead to serious consequences.

Statistics
show that closer to October 2018, the federal bailiff service
initiated 835 thousand enforcement proceedings for alimony, so out of
668 thousand.

Criminal cases have been opened against
a third of the debtors, and another half have lost the opportunity to travel outside
the Russian Federation.

Declared
missing for alimony

The state
is doing everything to support alimony collectors, so now, if the
defaulting citizen cannot be found within one year, then
the collector has the legal right to go to court to recognize the citizen
as missing, and in the event of a positive court decision, you can count
on a pension according to loss of a breadwinner.

After all these procedures, it will be much easier
to dissolve will be transferred to trust management.
It is possible to remove a citizen from permanent registration without difficulty.

If
a citizen shows up, he can go to court to restore his
rights, but also with the assigned obligation to pay alimony.

Alimony for
pre-retirees in 2023

In 2023
, the category of disabled persons over
18 years of age will likely be revised.
The State Duma, in accordance with the new law, has expanded the list of alimony recipients to include persons of pre-retirement age.
Now women in this category include women from 55 years of age, men from
60 years of age, and this takes into account the increase in the retirement age from January 1, 2023.

FEDERAL LAW OF MARCH 18
, 2023 N 35-FZ “ON AMENDING ARTICLE 169 OF THE FAMILY CODE
OF THE RUSSIAN FEDERATION”

DOCUMENT REVIEW

Children must pay alimony to parents of pre-retirement age. The right of disabled adult citizens in need of help, as well as the right of a former spouse in need of help who has reached retirement age, to alimony is extended, including to citizens who have reached the age of 55 (for women) and 60 years (for men).

The federal law comes into force on the date of publication.

What is the penalty for non-payment of alimony for a persistent defaulter?

Alimony obligations as a mechanism for protecting the interests of the child require regular execution, however, for one reason or another, the father may stop conscientious and timely transfer of maintenance amounts.

The grounds for the formation of a parent’s debt for alimony vary, and it can be either non-payment due to the fault of the recipient, who, for example, moved and did not inform the ex-spouse of new details for payments, or obvious evasion of obligations.

Unfortunately, there are increasingly cases where men deliberately avoid fulfilling their property obligations, counting on impunity and the lack of effective protection mechanisms for the mother and minor.

Penalties

When a court decision has been made, and a writ of execution on it is already being executed by the bailiff service, refusal to fulfill obligations is punished more severely.

The next norm that is unpleasant for the ex-husband is contained in Article 115 of the Family Code, which talks about a penalty of 0.5%, which the recipient of maintenance can demand from the debtor for each day of non-payment. And if such delays in settlements brought losses to the mother, then these amounts, if justified, will be received.

The alimony recipient has the right to go to court to collect interest on the unpaid amount of the debt.

In addition, the bailiff has the right to apply additional enforcement measures to alimony debtors, for example, by restricting departure from the country until the debt is repaid. Often, finding himself at the border with suitcases and going on vacation or a business trip, the defaulter decides to pay off his existing debts after the verdict on the restriction of travel is announced.

• The law also provides for other types of fines for non-payment of alimony, more details in the article:
• Article 69 of the code provides for another negative consequence of malicious non-payment - deprivation of parental rights.
• An unscrupulous parent who not only ignores his obligations to pay child support, but is also not interested in the life of the child, the court may deprive of parental rights at the request of the child’s mother, the guardianship authority or the prosecutor.

The consequence will be a complete loss of rights to the child (but preservation of the child support obligation!), and at the same time the loss of the rights to support the parent by the child in old age.

What can happen to a child support defaulter?

Non-payment of alimony - what does the Criminal Code threaten?

Now let's turn to such a concept as malicious evasion. What threatens a persistent non-payer of alimony and what is the mechanism for holding him accountable if the long-term and deliberate failure to fulfill the obligation to support children exceeds several months?

The most severe sanctions are provided for by criminal law (Article 157 of the Criminal Code of the Russian Federation), which means that the consequences of malicious non-payment are quite serious - this is a criminal record and the possibility of receiving, if not a real, then at least a suspended sentence of up to 1 year. In addition to imprisonment, the defaulter may be sentenced to correctional or forced labor for a year.

Maliciousness of non-fulfillment, when applying this article, means systematic and deliberate failure to fulfill obligations, which threatens the alimony defaulter with a whole bunch of problems.

Essentially, criminal liability is the next logical stage after the initiation of enforcement proceedings and the application of sanctions to the debtor by the bailiff.

ATTENTION: the possibility of criminal prosecution is provided only in relation to those spouses against whom a judicial procedure for obtaining maintenance was applied. If the basis for the payment was an agreement that the father subsequently violated, no criminal punishment is provided for him, only in the event of a subsequent attempt to recover through the court and in the event of cancellation of the agreement.

Established practice recognizes the following cases of non-payment of alimony as malicious:

• when the father moved, but did not inform the recipient about this fact, while hiding his address and place of work;
• the ex-husband carefully hides his income and its source;
• the period of non-payment is quite long, and the debtor does not show any desire to fulfill the obligation;
• other similar situations.

Lawyers at ICPI “Planet of Law” offer comprehensive legal assistance in alimony cases of any complexity and will help collect debts from even the most persistent defaulters. Special legal support program “Alimony? “Elementary!” will help you limit yourself to minimal participation in litigation, entrusting the solution of your problems to professionals. Call + 7 (495) 722-99-33.

Non-payment of alimony: criminal liability for evasion

Today in the Russian Federation there are quite often situations where marriages break up and former lovers face a divorce. If a couple has no children and no claims against each other, then they can be divorced without wasting extra time and effort.

However, having a child together greatly complicates the matter, because the parent living separately, often the father, will have to pay money to support the children. Dads do not always take a responsible approach to fulfilling their paternal obligations, for which they have the right to be imprisoned.

A common phenomenon in the Russian Federation in 2023 is malicious evasion of alimony payments.

It is important to understand that not always, if a father does not pay child support, this can be classified as a serious offense; not everyone is sent to prison for trying to evade payments to a child and ex-wife.

It is quite difficult to independently figure out when and who can be imprisoned for malicious evasion of alimony payments in the Russian Federation, because you need to be well aware of the norms of the Family Code and the criminal law of the country in force in 2023. A convenient and practical solution in this situation would be to timely seek advice from an experienced lawyer.

The specialist knows what will happen if you do not pay alimony to your child and wife, and will help you avoid liability. Also, the help of an expert will be useful for women who are faced with the fact that their ex-husband does not pay alimony.

Not everyone can afford the services of a professional lawyer, so it is best to seek legal support from specialists online. Our official website employs competent consultants who always take a responsible approach to solving applicants’ problems.

Professional advice will help you understand what punishment for non-payment of alimony is provided in the Russian Federation in 2023, as well as when the authorities have the right to imprison a defaulter, saving time and personal resources.

Calculation of financial assistance to a child and evasion of alimony

Before finding out what the consequences are for failing to pay alimony to your ex-wife and children, and whether they can be imprisoned for this, you need to understand the principle of calculation and the procedure for making payments. Spouses can find a compromise and enter into an agreement among themselves.

The document should indicate the amount of monthly payments, features of the transfer of funds, their possible indexation and punishment for non-payment of alimony.

However, as legal practice shows, it is quite difficult to calmly resolve the issue of alimony in 2023 in the Russian Federation.

Most often, the ex-spouse files a lawsuit, on the basis of which an appropriate order or writ of execution will be issued. Any of these documents can be submitted to the FSSP so that authorized employees can monitor the payment process and, if necessary, hold violators accountable for malicious evasion of alimony payments.

You should contact the bailiffs to imprison your ex-spouse if the husband does not pay alimony only after receiving a court ruling or order. In parallel with this document, the FSSP needs to prepare a sample application to bring the irresponsible dad to justice.

However, before the court makes a decision, it is necessary to calculate the amount of payments. Articles of the Family Code establish that the amount of financial assistance to children after a divorce in the Russian Federation in 2023 is calculated based on the payer’s earnings.

In a situation where three children live with his ex-wife, the negligent father will have to pay half of his income every month, which is why many people want to evade payments.

Responsibility for non-payment of alimony in 2023

Failure to pay alimony can be malicious in nature, for which the articles of the Criminal Code of the Russian Federation in 2023 provide for several options for liability. Criminal liability for non-payment of alimony means that the defaulter can be sent to prison if he tries to evade the obligations ordered by the court.

However, to do this, bailiffs must prove that evasion from paying alimony is not an accident or just a coincidence, but a deliberate violation of the current law in the Russian Federation. Violators are imprisoned only if they deliberately, permanently and for a long time refuse to allocate funds for the maintenance of their child.

Failure to pay alimony in 2023 will be malicious if the bailiffs manage to establish one of the following conditions:

• the payer changes his place of residence in order to hide from FSSP employees;
• the father hides part of the income in order to avoid paying a large sum of money;
• a citizen, without valid circumstances and reasons, does not pay financial assistance to children for more than 120 days;
• the person seeks to avoid communicating with bailiffs and ignores the demands of officials.

If alimony is not paid under these circumstances, the first thing to do is to contact the FSSP with an application to hold the ex-husband accountable and forcibly collect the amount of the debt.

Bailiffs can also independently initiate criminal proceedings by sending the case materials to the court or prosecutor. Responsibility for late payment of alimony cannot be assessed under an article of the Criminal Code.

Late payments do not serve as a reason for a citizen to be imprisoned.

If the malicious nature of the payer’s behavior is proven, strict measures will be applied to him, such as correctional or compulsory labor, arrest and imprisonment.

More often, liability for late payment of alimony arises under the Administrative or Civil Code of the country.

But if you do illegal things and systematically try to evade payments, the citizen can be imprisoned and also deprived of parental rights.