Alimony from prisoners of a maximum security colony - calculation of alimony for a convicted person - alimony from a prisoner husband

Many women do not even dream of alimony if the child’s father is in prison. The fact is that there is a belief that it is impossible to extract payments from the convicted. And there is also an opinion that even if it is possible to demand it from the husband, it will be pennies, since salaries in places of detention are meager. In reality, things are a little different. You just need to know your rights.

Is it possible to collect alimony from the convicted father of a child?

While serving a sentence in a place of deprivation of liberty, each convicted person can perform some work, which is paid. Earnings in this case are small but stable. If a prisoner does not work or his income is not enough to pay off alimony, he will be left with a debt that will not disappear anywhere by the time of his release.

According to the Family Code of the Russian Federation, parents are obliged to support their minor children, and responsibility for the maintenance and upbringing of children falls on both parents equally.

Parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.

The law also stipulates that convicted persons serving a sentence are not exempt from liability:

• in educational colonies;
• in prisons;
• in correctional colonies;
• in colony settlements;
• in medical correctional institutions.

So, if the husband is convicted and is serving a prison sentence, he is not exempt from paying alimony. If a settlement agreement on payment has not been concluded, the mother (or guardian) files a claim in court on a general basis.

How much alimony can be paid?

detention is not a basis for release from parental responsibilities

The amount of payments is established by the court or a settlement agreement and is collected on a general basis on a monthly basis:

• in proportion to earnings;
• in a fixed amount of money;
• at the same time: in shares and a fixed amount of money.

The calculation in shares is as follows:

• for 1 child - 1/4 of earnings;
• for 2 children - 1/3 of earnings;
• for 3 or more children - 1/2 earnings.

a fixed sum of money is established by the court, and it consists of the nth number of minimum wages. the number of minimum wages is determined taking into account the following factors:

• the child’s previous standard of living;
• financial and marital status of the parties;
• other circumstances requiring attention.

for example, the court took into account the child’s previous standard of living, as well as the fact that the plaintiff did not remarry. The court determined the amount of the monthly payment - 2 minimum wages.

how to collect alimony from your husband if he is in prison

To collect child support from a convicted father serving a sentence, you need to obtain a court order. To do this, you need to file a claim in court. You can ask the court for a sample application. But if you have any doubts about the correct spelling, it is advisable to contact a lawyer.

A statement of claim for the recovery of alimony is drawn up on a general basis

The following documents must be attached to the application:

• copy of the application;
• marriage registration certificate (if network);
• divorce certificate (if any);
• children's birth certificates;
• certificate of family composition;
• a receipt confirming the fact of payment of the state duty;
• a certificate from the institution where the husband is located;
• a certificate of your income (if appropriate).

Cases regarding reinstatement at work and collection of alimony are considered and resolved before the end of the month.

Part 2, Clause 15, Article 154 of the Civil Procedure Code of the Russian Federation

After consideration by the court, a writ of execution will be issued, which must be taken (sent) to the territorial department of the FSSP or to the head of the institution (prison) where the husband is located. Accounting and management of the institution must ensure the implementation of payments. Court documents must be accompanied by a statement addressed directly to the head of the institution.

An application to the head of a correctional institution with demands for the collection of alimony is drawn up in free form, but with obligatory reference to the court decision and writ of execution

Procedure for paying alimony

Less than 25% of all earnings they received in the colony, including salaries or pensions, must be credited to the personal accounts of convicted persons. For men over 60, women over 55, disabled people and juvenile prisoners, this amount is increased to 50%. These amounts are indicated taking into account all possible deductions, including alimony.

Clause 3 of Article 107 of the Criminal Executive Code of the Russian Federation

If, while serving the sentence, the correctional institution was unable to provide the convicted person with work, the debtor may apply for a reduction in the amount or for exemption from payment thereof. The court may grant such a request. But if this does not happen, the debt will accumulate and upon release the debtor will need to try to pay it off as quickly as possible.

https://www.youtube.com/watch?v=J7CPQo6MG-c

If the child’s father does not mind paying, all issues related to payment are regulated by the management and accounting department of the institution.

The administration of the organization at the place of work of the person obligated to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution is obliged to withhold alimony monthly from the salary and (or) other income of the person obligated to pay alimony, and pay or transfer it at the expense of the person obligated to pay alimony to the person receiving alimony no later than three days from the date of payment of wages.

Chapter 17 Article 109 of the Family Code of the Russian Federation

There are some subtleties in matters of this kind. If the convicted person began serving his sentence and only then an application for alimony was filed, then alimony will be collected from the date of filing the application.

If alimony was determined and paid by a court or agreement, and only then the child’s father was imprisoned, then the collection of alimony for the “prisoner’s term”, starting from the first day of the term, will take into account new circumstances.

That is, the calculation of alimony can be reviewed by the court and calculated based on the amount of new earnings.

So, it is quite possible to collect alimony for the maintenance of minor children. Collection occurs on the basis of a court decision or settlement agreement. The package of required documents in such cases is minimal, and the procedure is as simple as possible. Even a legally unskilled person can master such a procedure. If you have any doubts, you can contact a lawyer.

Collection of child support from a convicted person

Alimony obligations of family members are established by Art. Art. 80-120 RF IC. This legislative act establishes that parents are obliged to provide the child with all the necessary means for a decent existence.

There are often situations when one of the parents ends up in prison, which significantly worsens the life of his family, since it loses one of its sources of income.

However, federal legislation allows the collection of alimony from a convicted person if he is a person liable for alimony.

Depending on the specific situation, the courts may order the collection of funds or cancel the debt while serving the sentence.

The payer is sentenced to real imprisonment

Voluntary payments

Voluntary alimony refers to the transfer of funds for the maintenance of children, based on the personal motives of the payer, on a contractual basis. An agreement on the maintenance and provision of a minor is drawn up in writing and is subject to mandatory notarization.

This document is equivalent to other executive documents, on the basis of which the employer or another person replacing him has the right to withhold the established amount of alimony from all salary payments.

A sentence of imprisonment for a certain period of time is not grounds for stopping payments.

Forced payments

Compulsory alimony is established by the courts on the basis of a statement of claim filed by the recipient. The judicial process takes into account the characteristics of each party, their financial situation, the presence or absence of other dependents, ability to work and other circumstances directly or indirectly affecting income.

Collection of funds for the maintenance of children from a convicted person can occur both on the basis of an existing court decision, which was issued before the payer was sent to a correctional colony, and on the basis of a court decision received after receiving the punishment.

The statement of claim is drawn up in free form containing personal information of both parties, the grounds for assigning alimony, and also in accordance with the current rules of law.

Download a sample statement of claim for the recovery of alimony from a convicted person

Lack of work

Not all correctional colonies can provide prisoners with work, and if they have such an opportunity, then not all prisoners want to perform various labor functions.

Collection of funds for the needs of the child occurs:

1. As a percentage of income. If the payer ends up in prison, the amount of payment will be significantly reduced and may only be a small percentage of the size of previous transfers. They are assigned in the form of 25% for one child, 33.33% for two and 50% for three or more. If the convicted person has several children from different marriages, then alimony is collected for each child depending on their number, for example, if there are two children, each of them will receive 16.66% of the income.
2. In a fixed amount, the amount of which is determined by the court, based on the cost of living in the recipient’s region of residence. The amount is indexed annually.

If alimony was assigned as a percentage, the accounting department of the correctional colony will withhold the established share of payments and then transfer them to the recipient’s account. When a fixed amount is established, the recipient will receive only a part of the required amount of payments, but with the formation of debt.

If the alimony was not able to perform paid work due to the fault of the correctional institution, then during the period of serving the sentence against him, the payment debt may be written off. Especially if the payments were assigned as a percentage. If it does not work, then if a fixed amount of alimony is established, the formation of debt is inevitable.

Recovery from a person sentenced to a suspended sentence

Collection of funds for the maintenance of minors from those sentenced to a suspended sentence occurs in accordance with the general rules for the collection of such amounts.

Interested person should contact:

• To the payer with a proposal for peaceful payment with the conclusion of an appropriate agreement.
• To the court to determine the amount of alimony and how to receive it. In this case, the recipient receives writs of execution, which are transferred to the bailiffs for further deductions.

Typically, citizens who have been sentenced to a suspended sentence do not lose their jobs and can continue to pay money to support their children.

Features of the purpose of payments

Payments of alimony by persons in prison follow the general principles, with the exception of some nuances and features.

So, in accordance with Government Resolution No. 841, alimony from the earnings of convicted persons is calculated:

1. Of all the income that a convicted person receives while serving his sentence, before deducting various taxes and fees.
2. First of all, even if the convicted person has other executive obligations to other persons or organizations.
3. In the amount specified in the executive documents. If the amount is assigned as a percentage, then the deduction is made in accordance with the specified share, and in the case of a fixed amount, a full or partial transfer is made, depending on the amount of income.

According to Art. 119 of the RF IC, the amount of alimony can be changed in court at the initiative of any of the parties. As judicial practice shows, if such proceedings are initiated by the payer, there is practically no reduction in the amount of payments, since the convict himself, and not third parties, is to blame for the occurrence of difficult circumstances.

Child support if the father is in prison, how to collect alimony from a convicted person

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The current legislation of the Russian Federation stipulates that all documented parents of a minor are responsible for paying child support.

Evasion by these persons of making such payments entails a violation of the rights of a child (or several children), regardless of what social status the debtor has, and also does not depend on his state of health, number of children, presence or absence of income and other factors. The situation becomes more complicated when you need to obtain child support if the father is in prison.

According to statistics, approximately 30% of men in prison have minor children outside who require financial assistance and support. But in this case, who pays child support if the father is in prison ? Let's look at this issue in more detail.

Is a parent sentenced to imprisonment required to pay child support?

Citizens who are serving sentences in places of deprivation of liberty such as correctional colonies, regardless of the degree of severity of the regime or penal colony, are not exempt from the obligation to pay child support.

Collection can either be made through the court while the parent is serving a sentence in prison, or demanded if the collection of such funds is established by an executive or other document providing for the mandatory payment of alimony.

If the imprisoned alimony payer is deprived of the opportunity to work, arrears will arise for alimony payments, calculated on the basis of the average salary in the region.

How is child support paid by a father in prison?

As a rule, the amount of earnings of persons sentenced to imprisonment is low, but almost all the money remains unaccounted for.

After all, prisoners are maintained by the state and the latter do not need to spend money on food or buying clothes.

In turn, the accounting department of a correctional institution does not have the right to withhold from income from the labor activities of prisoners an amount exceeding seventy percent of the established salary.

The amount of such alimony can be determined in the following ways:

• According to the rate established by law, depending on the number of children who must be supported by a parent serving a sentence in prison (1/4, 1/3 and ½ for one, two and three children, respectively);
• A fixed fixed amount. The specified payment is determined in relation to the current level of the subsistence minimum per child.

In the first case, the following portion of the income is collected from the prisoner:

Deductions based on the requirements of the writ of execution are made by the accounting department of the correctional institution within three days after the payment of wages.

However, there are also situations when the ex-husband does not have the opportunity to receive a salary in prison. Thus, irregular work, at best, can only cover the maintenance of the prisoner, as a result of which the latter will receive zero income.

In such cases, bailiffs take actions to continue accruing alimony payments in a manner similar to writing off alimony from an unemployed person. After a person has served the agreed term of imprisonment, he will be required to pay the accumulated alimony debt.

But, at the same time, the convicted person has the right to petition the court to write off or significantly reduce the resulting alimony debt due to the inability to receive income and repay it. After filing such a petition, the alimony payer has every chance of having it satisfied and completely writing off the debt, because, based on practice, the courts are favorable to such applications.

How to collect alimony from a convicted person?

In order to receive alimony payments from a person serving time in prison, the alimony recipient must have the following documents:

• Voluntary agreement on payment of alimony;
• A writ of execution issued by the court;
• Court order.

Obtaining an agreement on the voluntary payment of alimony is not always an achievable task, because for this it is mandatory to obtain the consent of the payer. This document reflects the basic conditions for making payments, such as the procedure and timing of payments, as well as the amount of alimony.

If both parties agree to take such a step, and the prisoner does not have the opportunity to personally come to the notary, there are several ways to draw up this document:

• The notary himself visits the correctional institution to certify the agreement on the payment of alimony;
• The head of a correctional colony or colony-settlement also has the right to certify this document, since in this case the latter is vested with the powers of a notary.

Important! This document is binding and in its legal force is equivalent to a writ of execution.

If the prisoner believes that serving time in prison is a reason for evading child support payments, then the issue of alimony is decided in court, after which the court issues a writ of execution or a court order.

You can obtain the specified documents in the order of writ or claim proceedings.

The only difference between these methods is that the court order is issued in a simplified manner, in which the appearance of the parties to the case is not required.

When collecting alimony from a convicted person, a court order cannot be obtained if the convicted person has no income or it is irregular. Courts often refuse to issue a court order, proposing to collect maintenance through a lawsuit.

Statement of claim for alimony from a convicted person (sample)

Recovery through the court is carried out on the basis of a statement of claim drawn up taking into account the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation. In general, the document is practically similar to a regular claim for the recovery of alimony from a child and it only needs to focus on the fact that the defendant is in prison.

The claim must indicate:

1. Name of the court, its address;
2. Full name of the plaintiff and defendant, their addresses. For the defendant, you must indicate the registration address, and also indicate that he is actually in prison;
3. Circumstances of the case: date and circumstances of the child’s birth, the presence or absence of a marital relationship between the parents;
4. The reasons why the defendant is serving a sentence in prison. The article of conviction, term, details of the sentence and the name of the colony where the defendant is located are indicated;
5. Evidence of the lack of financial assistance from the defendant is provided, and the amount of alimony payments is justified;
6. Links to regulations, practices, and other information worthy of attention;
7. Request to the court to collect alimony;
8. Date of preparation of the document and personal signature of the plaintiff;
9. List of documents attached to the claim.

To correctly draft a document, it is best to seek help from a qualified lawyer who will help establish important circumstances and prevent common mistakes.

The sample below reflects the collection of alimony from a father without a divorce who is serving a sentence in a colony. It is also possible to collect alimony from a convicted person after a divorce.

Download the claim against the convicted person for alimony

Documents for the claim

A rough idea of ​​the list of documents can be obtained by studying Art. 132 Code of Civil Procedure of the Russian Federation. Simply put, any argument from the claim - date, circumstance, reference to a document - must be documented.

At a minimum, the claim must include:

• A copy of the claim for the defendant;
• A copy of the applicant's passport;
• Conviction document (copy or extract from the verdict);
• Certificate of the place where the defendant is serving his sentence;
• Documents about children, marriage (copies of certificates);
• Certificate of the child’s place of residence.

Additionally, other documents may be required, but there is no universal list - only a lawyer can determine a complete and accurate list of necessary attachments to a claim for alimony.

Where to submit, costs, state duty

A claim for the recovery of alimony from a convicted person is filed with the magistrate court at the place of registration of the defendant or at the place of residence of the applicant, if a minor child permanently lives with the latter.

To do this, along with the claim, you need to confirm the right to file documents in the jurisdiction of the plaintiff’s choice.

The state fee for filing a claim for alimony is 150 rubles, however, the plaintiff is exempt from paying it and if the case has a successful outcome, this amount will be recovered from the defendant.

Receiving alimony from a convicted person after trial

After the person interested in paying alimony has received all the necessary documents (a writ of execution or a court order) indicating the need to collect such payments from the prisoner, the process of allocating funds for child support can begin. You can do this in two ways:

• Through the FSSP authorities;
• Send the required package of documents to the colony where the debtor is located.

The procedure for collecting alimony from a prisoner with the help of bailiffs is no different from the procedure provided for in ordinary enforcement proceedings.

All necessary documents are sent to the territorial office of the FSSP at the location of the correctional institution where the alimony payer will serve his prison term.

This option is possible if the latter has not yet arrived at the place of detention.

If the recipient of alimony has submitted all the necessary documents in the required amount, then the accounting department of the colony will independently begin to deal with the issue of calculating deductions for the necessary payments for the maintenance of the child, and will also assume the responsibility for transferring alimony to the recipient’s account. However, these actions by the prison administration do not relieve bailiffs of the responsibility to monitor the timeliness and correctness of the transfer of child support payments.

If the debtor changes the place of serving the sentence, the administration of the previous correctional institution transfers all documents related to the calculation of alimony to the new place of imprisonment.

After the term of imprisonment has come to an end, the writ of execution must be returned to the territorial branch of the FSSP to resume enforcement proceedings for collecting alimony payments. After this, according to practice, the main sources for withdrawing alimony will be the payer’s wages or unemployment benefits.

According to the regulations of the Penal Code of the Russian Federation, alimony payments are withheld from the salary of a person serving a sentence, his pension or other income. What is important is that taxes are subject to withholding first, and only then alimony, and after that other mandatory deductions, withholding of collected damages, expenses of a correctional institution for the maintenance of a prisoner, etc.

Application to the bailiffs / to the colony

• If the recipient of alimony decides to independently contact the prison management, the latter will need to write an application to withhold payments addressed to the head of the correctional institution and send such a document by registered mail, or deliver it in person.
• A sample application for self-application to a colony with a writ of execution is presented below for you to fill out and use yourself.

Download the application to the colony

In his application, the person wishing to receive alimony indicates under what circumstances and by which court the writ of execution was issued, as well as what part of the prisoner’s income must be withheld for the maintenance of the children (the number and full names of the children must also be indicated).

The said application must also reflect the norms of legislation on the basis of which a person has the right to claim deductions for alimony, namely the provisions of Art. 109 RF IC.

After stating the circumstances, a list of attached documents is described, the applicant’s signature and the date of the application are affixed.

As practice shows, basically the list of documents that is attached to the application for withholding alimony payments consists of only one document - an executive document, which indicates the procedure and amount for calculating alimony for the maintenance of minors.

Examples of calculating alimony from a convicted person

Example 1. Alimony in the amount of ¼ of all types of earnings per child was collected from convicted Sergei K.

The convict is constantly employed in the colony-settlement in local production and receives a salary of 9,000 rubles according to the hours worked. After withholding tax of 13%, he is left with 7,830 rubles.

The IC accounting department deducts 1,957 rubles in alimony from them monthly, which are transferred in favor of the child’s mother.

Since he does not have permanent employment at the place of serving his sentence, the involvement of convicts in work is seasonal and quarterly, the payment of alimony is carried out irregularly - but in an amount not exceeding 75% of all income for the reporting period.

So, for the 1st quarter [current_date format='Y'] of the year he paid 7,000 rubles, for the second quarter - only 4,000 rubles, in total for six months they were paid 11,000 rubles instead of the required 21,000 rubles. The debt will be repaid as funds arrive in his account.

Need a lawyer

If you have additional questions about the procedure and mechanism for collecting alimony from a convicted person, ask them free of charge to the specialists of our website.

Qualified legal assistance in obtaining alimony is extremely important, as it helps to avoid mistakes and receive financial support for the child as soon as possible.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Alimony from a convicted person

Whatever the situation, parents are obliged to provide financially for their children, in general, until they reach adulthood.

Even if a parent is imprisoned, he is required to pay child support from prison.

Let's consider what funds are used to make alimony payments when citizens are deprived of their liberty, what is their maximum amount and calculation procedure, as well as the conditions for the release of debt obligations for alimony.

The procedure for determining the amount of alimony for convicted citizens

The amount of alimony payments of the payer if he is in prison is determined on the basis of the calculation procedure established by law.

It can be determined:

• as a percentage of the prisoner's earnings;
• in a fixed fixed monetary amount;
• in percentage and fixed amounts at the same time.

The percentage is calculated as follows:

• one ward is entitled to 25% of the funds earned;
• for two – 33% of earnings;
• for three or more – 50% of earnings.

A constant monetary amount of payments by court decision or voluntary agreement of the parties is established in the event that a citizen in prison has no income or has occasional earnings.

It is focused on the minimum wage indicator and is set taking into account:

• the standard of living of the ward provided to him before the payer was in custody;
• financial situation of both parties;
• individual circumstances of the family of the alimony recipient. For example, the court may take into account the child’s previously secured standard of living and the fact that the second parent living with him, in particular the child’s mother, has not created a second family, and assign alimony in the amount of two minimum wages.

What amounts are the alimony payments of the convicted person based on?

When going to prison, a citizen may find himself in the following situation:

• he can be provided with simple work that brings him a small but stable income;
• periodically perform certain types of paid work;
• the correctional institution did not provide the prisoner with work.

If a convicted person is given a certain job, which happens mainly when he is in a colony, then up to 25% of the funds he earned are transferred to his personal account in accordance with paragraph 3 of Article 107 of the Criminal Executive Code of the Russian Federation, as well as a pension, from which all types of required deductions are made , including alimony. When the prisoner reaches age: for men 60 years old, and women 55 years old, the amount of contributions to the account increases to half of the funds earned, which is 50%.

From the resulting total earnings of the prisoner, alimony deductions of no more than 70% per month can be made. The procedure for calculating and transferring payments is entrusted to the accounting department of the educational institution. The due amounts must be withheld monthly and sent to the recipient immediately.

If a convicted person receives small irregular earnings or does not have a job at the place where he is serving his sentence, alimony is assigned in a fixed amount, based on the minimum wage. If the amount indicated in the writ of execution is not covered by the unemployed prisoner, then he will develop a child support debt, which he is obliged to repay after his release.

Status of a person convicted of alimony payments and methods of collecting them

At the time of conviction of a citizen, he can:

• already appear in the status of a payer and before imprisonment regularly paid alimony;
• be a persistent defaulter or have a significant alimony debt;
• lived with his family and provided for the children financially as far as possible.

After conviction in the first case, the payer is obliged to continue to pay alimony. Their size can be calculated in the same way as before. The only difference is the amount received, if it is determined as a percentage of his earnings, which will decrease significantly.

If he is not provided with a job or has the opportunity to earn money occasionally, the previously assigned method of calculating alimony can be changed to payment in a fixed amount of money. In order to change the method of calculating payments, the convicted person or the recipient must apply to the court with an application to change the method of calculating payments.

If a citizen is in prison who ignored the obligation to make alimony payments and accumulated a debt at the time of his conviction, he will have to pay it off in prison. To do this, the recipient will have to file a claim in the magistrate's court to collect the debt.

If the ex-husband lived with his family and supported his children before his imprisonment, then both parties can enter into an Agreement on the voluntary transfer of alimony from his earnings in prison.

Documents required to be presented to the Magistrates' Court

A statement of claim for the collection of alimony, arrears thereof, or a change in the method of calculating payments is drawn up according to a standard form, which can be obtained from the court office. You will need to attach the documents necessary for the consideration of the case.

When collecting child support, you must include:

• certificate of marriage and its divorce, if these events took place;
• documents for children: their birth certificates;
• an extract from the housing department on the composition of family members living at the specified address;
• a certificate from the correctional institution where the alimony debtor is located about his income;
• certificate of income of the plaintiff (preferably);
• a copy of the previous court decision on alimony;
• a certificate of calculation of alimony debt, if it was available at the time of the payer’s conviction.

Mechanisms for collecting alimony from a convicted person

After the claim is considered in court and a decision or order is made (when considering the issue in a magistrate's court), a document or writ of execution drawn up on the basis of a court decision is sent to the FSSP on the territory of the correctional institution or directly addressed to the head of the prison, in which the convicted person resides.

If the issue of alimony payment arose after a citizen’s conviction, then their payment can be ensured voluntarily by drawing up an Agreement with the involvement of a third party, which may be the head of the institution himself. When alimony was paid before the payer was imprisoned, the plaintiff should contact the SSP with a request to search for the debtor and resume previously assigned payments.

Important! If a claim for alimony was filed after the payer was convicted, payments will be made from the date the claim was filed. If alimony was assigned and paid before the payer’s imprisonment, after his conviction, alimony is collected with an adjustment in the amount of payments by court decision from the moment the sentence is served.

If the payer while in prison was not provided with work and did not receive anything, during the period of imprisonment he will accumulate a debt for alimony. The debt is calculated based on the minimum wage.

Important! If a prisoner was not provided with work while serving his sentence, he has the right, after release, to file a petition with the court to write off the accumulated debt or reduce it due to circumstances beyond his control. The court's decision in this case is usually made in favor of the debtor.

Last changes

In 2023, there are no significant changes in legislation on this issue.
Our experts monitor all changes in legislation to provide you with reliable information.

Alimony from prisoners of a maximum security colony - calculation of alimony for a convicted person - alimony from a prisoner husband

Home / Alimony / Alimony from a convicted person

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Does a prisoner have to pay child support? The widespread belief of women with prisoner husbands is that it is impossible to get alimony payments from them. This belief is further strengthened by bailiffs who shrug their shoulders and do not dare to take any action to collect alimony debts from convicts.

Meanwhile, the law provides that convicts serving sentences in prisons, correctional and educational colonies, settlement colonies, medical correctional institutions and other places are not exempt from payment.

The obligation to support his minor child remains with the convicted parent even if he is deprived of parental rights.

This obligation is not removed from the parent even if he does not work and has no income in the place of deprivation of liberty.

How to get alimony from a prisoner

The procedure for recovery from a person serving a sentence depends on whether there is a corresponding executive document.

Executive document

If the child’s father is convicted, but there is no writ of execution for the collection of alimony, it must be obtained. You can do this in two ways:

• Draw up an alimony agreement. This option is possible if it is possible to agree with the prisoner on the amount and procedure for paying alimony. The role of the notary certifying the concluded agreement is performed by the head of the institution, and the accounting department deducts the amount specified in the agreement from the prisoner’s earnings;
• File a lawsuit for alimony . It is not always possible to agree on alimony with a convicted person. But the court will probably make a positive decision on collecting alimony from the prisoner. The writ of execution issued by the court must also be submitted to the accounting department of the institution - independently or through bailiffs.

Calculation and deduction of alimony and alimony debt from a prisoner

Question.

“My husband has been serving a sentence in a maximum security penal colony for two years. All this time, not a penny was received from him to support the child.

If the husband is in prison, should he pay alimony while serving his sentence? How much am I entitled to receive?

Answer.

It has already been mentioned above that parents sentenced to correctional labor or serving a sentence are not exempt from paying child support. The basis for collecting alimony is a writ of execution - a court decision or a voluntarily concluded alimony agreement.

First of all, alimony, income tax, and contributions to the Pension Fund are withheld from the prisoner’s earnings.

If the executive document establishes alimony as a percentage of earnings, the required amount is calculated. If alimony is established in a fixed monetary amount, this amount is withheld.

From the amount of the prisoner’s earnings remaining after paying alimony, the amount of reimbursement for the costs of maintaining the prisoner in a correctional institution is deducted - the cost of food, clothing, household and utilities. After this, deduction is made according to other executive documents.

Sometimes the amount of deductions exceeds the earnings of the convicted person. In this case, a restriction applies. From 25 to 50% of earnings remains with the convicted person as a guaranteed minimum. If the remaining amount is not enough to pay child support, debt accumulates.

An example of calculating alimony from a prisoner’s earnings:

The monthly income of citizen O.L. Petrenko, who is serving a sentence, is 5,800 rubles. From this amount, income tax is withheld in the amount of 13% - 754 rubles.

According to the executive document, Petrenko O.L.

must pay monthly alimony in a fixed amount of 2,000 rubles. From the remaining amount of income - 5,046 rubles - the amount of alimony of 2,000 rubles is deducted. After alimony is withheld, other deductions are made.

1,450 rubles is 25% of the income, which is guaranteed to remain with the convicted Petrenko O.L.

The procedure for withholding alimony payments from the income of a convicted person

Based on the received writ of execution, the institution’s accounting department will make alimony payments.

According to the rules of the Penal Code of the Russian Federation, alimony is withheld from the salary, pension or other income of the convicted person.

Moreover, alimony is subject to priority withholding , only then are taxes and mandatory deductions withheld, and the institution’s expenses for maintaining the prisoner are reimbursed.

Withholding of the alimony payment must be made no later than 3 days after the accrual of the convicted person’s earnings (Article 109 of the RF IC).

What if the convicted person does not work?

It happens that a convicted person does not work and does not receive any income while serving his sentence. Shouldn't he be paying alimony in this case? Of course I should.

During the period of lack of earnings, the convicted person accumulates arrears of alimony, which he will have to repay after the end of his imprisonment.

Due to the lack of wages, the amount of debt will be calculated based on the average wage in the region of residence of the debtor.

Legal assistance

Collecting alimony from a convicted person is a rather complicated procedure. Given that cases are heard in court, legal knowledge is required.

Despite the fact that in most cases the courts make positive decisions, there are also refusals to satisfy the demands of the child’s mother. For example, if the convicted person is in a difficult life situation, has limited ability to work, or needs treatment.

Often, alimony payers deliberately avoid responsibility and try to reduce the amount of alimony. What to do?

The best way out of the situation is to contact a lawyer. Knowing all the pitfalls of such procedures, the lawyer will not allow arbitrariness.

Counseling may be required not only while serving a sentence, but also after leaving prison. As a rule, those released are in no hurry to pay their alimony arrears.

This is a gross violation that must be stopped. Only a competent lawyer can help with this difficult procedure.

Alimony from a convicted person: how to get it and what is the minimum amount?

Russian family legislation does not make exceptions for convicts in prison.

Child support from a convicted person is obligatory for him during the entire period of his stay in prison; in other words, the state does not relieve him of the obligation to provide for the child.

Moreover, convicts have many sources of income and deductions from which they can make alimony payments.

Is it possible to recover alimony from a convicted person?

The issuance of alimony depends on the circumstances of the case. As a rule, in judicial practice one can find two types of cases involving the collection of alimony from a convicted person:

1. In the absence of a court decision on the payment of alimony or a concluded and notarized alimony agreement with a parent serving a sentence of imprisonment;
2. Availability of writs of execution for the collection of alimony while the payer is in prison.

Both the determination of the method of payment and the minimum amount of alimony, as well as the action plan for collecting payments in general, depend on the listed situations. However, alimony is deducted from the income of the convicted person only after deducting tax and money for his maintenance and food.

According to the Penal Code of the Russian Federation, convicts have the right to have at least ¼ (25%) of the income received in the colony (salary, pension) transferred to their personal accounts. If a man or woman of retirement age, as well as a minor, is convicted, the amount transferred to the account increases to ½ (50%) of the earnings. It is from this amount received that alimony is withheld.

How to collect alimony from a convicted person if there is no writ of execution?

Despite the apparent complexity, alimony from a convicted person can be obtained even without the presence of a writ of execution at the moment.

It’s just that in this situation you will have to act in the same way as if the matter concerned an ordinary employed parent. Namely, you need to file a claim for alimony collection in the magistrate’s court in a general manner.

Legally, there are no obstacles in your way! Read about how to file a claim for alimony at this address.

          The defendant, who is in jail, will be notified in advance of the hearing. If it becomes necessary to take testimony from him, the judge from the plaintiff’s region of residence will instruct the court under whose jurisdiction the colony is located to conduct a written survey of the alimony obligee. After conducting the survey, they will record all the information received and send it to the court at the plaintiff’s place of residence.

The plaintiff can file two claims simultaneously for consideration of the case in absentia: for the recovery of alimony from the convicted person and for divorce. The only condition is that the defendant be sentenced to less than three years.

If a court's indictment comes into legal force with a sentence imposed on the spouse in the form of imprisonment with a minimum duration of three years, the wife has the opportunity to file only one lawsuit with the court indicating the following issues:

• termination of marriage (you can even get a unilateral divorce at the registry office);
• deprivation of father's parental rights;
• assignment of child support;
• assignment of alimony to the ex-wife.

The state fee is paid separately for each of these issues. The court can oblige the defendant (convicted spouse) to pay legal costs.

How to collect alimony from a convicted person with a writ of execution in hand?

If you received a writ of execution before the alimony payer left for prison, then you have the right to use the services of the FS SP. The executive documents are:

• Performance list;
• Judgment;
• Alimony agreement.

The forced collection of alimony through bailiffs is no different from the collection of financial support for an ordinary citizen. We have already considered the issue of resuming enforcement proceedings for compulsory collection. If you want to know more, follow this link. Action plan in this situation:

1. Submit the writ of execution to the FS SP, whose department is located in the region where the colony is located, and a copy of it is sent to the correctional institution itself.
2. Provide all data on the case regarding the award of alimony to the bailiffs;
3. Submit copies of documents.

If you did everything correctly, then the accounting department of the colony or other correctional institution takes on all the functions of calculating and indexing the alimony amount, and they also transfer the money to the account of the alimony recipient. However, bailiffs do not relieve themselves of the responsibility for monitoring the fulfillment of alimony obligations, both from the payer and from the accounting department.

If a parent serving a sentence is transferred to another region to serve his sentence, then the prison accounting department must forward the writ of execution to the new place of deprivation of liberty.

If the sentence ends, the writ of execution must be returned to the bailiffs, who resume enforcement proceedings for collecting alimony. Now the source of alimony will be wages or unemployment benefits.

How to collect alimony if the prisoner does not work?

Often, a colony is not able to provide work for all the prisoners under its command, and one-time work cannot even cover the costs of its maintenance, and alimony can only be calculated in the amount of zero. What to do in this situation? How to get alimony from a convicted person with zero income?

Despite this, the bailiffs will continue to calculate alimony and increasing debt according to all rules similar to the collection of alimony from an unemployed person. Subsequently, after leaving prison, the payer will be required to repay it. However, he will also have the right to apply for a complete write-off of the debt, since serving the sentence fits the concept of a good reason.

At the request of a released payer who has arrears in alimony payments while serving his sentence, he can count on complete write-off of the debt. As practice shows, the court more often takes his side, on the basis that he simply did not have the opportunity to earn money.

To summarize, we can say that if the father is in prison, child support continues to be paid if the convicted person has an income. If he has serious reasons for missing payments (lack of work), then, most likely, his debt will be written off.

If you have any questions about collecting alimony from a convicted person, leave comments at the bottom of the page. Our lawyers will advise you free of charge on all the nuances of this case.