How to force an ex-husband to pay alimony, how to force a child’s father to pay alimony, can a child’s mother force a child support debtor to pay alimony

Family law > Alimony > How to force the father of a child to pay alimony?

Collection of alimony is the most important mechanism for protecting the rights of the child.

However, many negligent fathers quickly forget about their responsibility, hoping that the ex-wife will not find ways to influence the collection of funds. But that's not true.

The law in this case is completely on the side of the child, and the Family Code offers several effective tools with which you can force the parent to pay child support.

How to force your ex-husband to pay alimony? More on methods of forced collection below.

Why doesn't my ex-husband pay?

The reasons for this may be:

1. Lack of funds to fulfill the obligation. Perhaps the child’s father lost his job, or he had a need to care for an infirm relative, etc. Such reasons, of course, are valid, and here it is difficult to influence the defaulter in every sense.
2. The father deliberately avoids fulfilling the obligation.
3. The ex-husband believes that the money is spent not on the child, but on other purposes.
4. The obligation to pay alimony has been terminated due to certain circumstances, but the recipient continues to demand money.

The most common reason for arrears in child support is the father’s usual evasion of his obligations. Therefore, there is no point in doing nothing.

You can contact a lawyer who can force the alimony holder to pay off the debt, or use the information that follows.

How much child support must your ex-spouse pay in 2023?

Alimony is calculated from the total monthly earnings minus income tax (13%).

Lack of earnings is not a reason for non-payment of alimony. An unemployed and unofficially employed parent, a disabled person, a pensioner - everyone is required to pay child support.

Even deprivation of parental rights does not exempt you from child support payments.

Methods for collecting alimony in 2023

How to force your ex-husband to pay alimony? The ideal option is to convince the parent through negotiations and try to identify the reasons for the debt. This will help the child’s mother understand what tactics to choose next.

Formalization of the agreement

An alimony agreement is the result of diplomatic negotiations between former spouses and the most painless way to resolve an impending conflict.

The agreement is drawn up by a notary. The algorithm for drawing up the document is as follows:

1. Former spouses come to the notary's office with a collected package of documents, which includes:
• passports;
• child's birth certificate;
• certificate of divorce.
2. The notary is informed of the essence of the agreements.
3. The lawyer will check whether the requirements are legal and whether they are in the interests of the minor.
4. The document is drawn up, signed by both parties and certified by a notary.

The alimony agreement has the force of an executive document, so the ex-spouse will have to comply with its terms.

In the event that no agreement is reached between the parents or the spouse initially evades paying maintenance to his child, there is only one alternative left - to go to the judicial authorities, which are authorized to force the parent to pay alimony, as stated in Article 80 of the Family Code.

Collection through court

Forcible collection sometimes takes a lot of effort and time from the mother, which is spent endlessly going through the courts and other authorities.

For that? To protect the interests of the child, the mother often has to:

1. File a lawsuit to collect alimony.
2. Take part in court hearings.
3. Cooperate with the bailiff service to execute the court order.
4. Contact the guardianship authorities to prepare a conclusion on the deprivation of parental rights.
5. Bring the negligent father to justice for evading obligations, requiring the SSP (Bailiff Service) to initiate a criminal case under Article 157 of the Criminal Code of the Russian Federation.

The last two actions are taken when a parent maliciously evades child support payments.

The process begins with filing a claim in court. When considering a case, the court takes into account:

• marital status of the defendant;
• his financial capabilities;
• health status;
• child's needs.

The calculation of alimony is made based on all these circumstances . For example, if the father is disabled, alimony will be collected in one order, if an entrepreneur - in another, and from an unemployed person - in a third.

Even if the ex-husband does not officially work anywhere, the court will find a way to determine the procedure and amount of the penalty (for example, in a fixed sum of money).

As a decision, the court issues a writ of execution, from which the collection procedure begins.

Appeal to bailiffs

• Service employees will be involved in further collection of alimony.
• How to force bailiffs to work on alimony?
• If the bailiffs do not take active measures to collect alimony, you should:

1. Submit an application addressed to the senior employee of the SSP that the bailiff appointed in your case is not taking active measures to collect alimony, demanding to monitor his work and notify him of the results.
2. If a debt arises, go to court to charge a penalty. Copies of letters, statements, petitions relating to this case must be attached to the claim.
3. A copy of the court decision on debt collection and penalties should be sent to the bailiffs.

You can also write a complaint to the prosecutor's office . The prosecutor is able to provide assistance in matters of collection, for example, in the following way:

• prepare a document on the inadmissibility of violating the law;
• help initiate a criminal case.

These authorities may have the following measures of influence on the alimony provider:

• make it impossible to travel abroad;
• deprived of the right to drive a car until the alimony debt is paid off.

Advice! Send the writ of execution to the address of your husband’s place of work (if he is employed) or to the Pension Fund branch at his place of registration (if he receives a pension). Such measures are usually very effective.

Video: What to do if your ex-husband does not pay child support?

Video: What to do if your ex-husband does not pay child support? Continuation

How to force payment of alimony from “black” wages?

However, the practice of black and gray salaries is quite common in our country. Therefore, this issue is very relevant.

The law interprets this situation as follows: if the payer has not identified unofficial income, then he will still pay alimony according to the general rule.

To calculate monthly payments, the average salary (by region or country) will be taken as a basis. This procedure for calculating alimony is also relevant for individual entrepreneurs submitting declarations with zero income to the tax authorities.

However, accruing debt and collecting it are two different things. A parent can receive unpaid wages and pay minimal alimony for many years.

What other actions can be taken? There are several additional collection options:

1. Try to foreclose on the property of the child's father.
2. Try to confirm your earnings and establish the amount of income.
3. You can replace the method of fulfilling the obligation by re-applying to the court.

If the alimony recipient receives an unofficial salary, and a serious alimony debt has accumulated, then you need to find out whether he has valuable property.

For this purpose, bailiffs can make requests:

• to Rosreestr;
• in the traffic police;
• to banking organizations.

If the debt is large, then seizure of the apartment or car is quite possible. This property is allowed to be sold at auction, and the proceeds from the sale will be used to pay off the debt.

How to find out the income of your ex-spouse to receive alimony?

Unfortunately, alimony from unpaid wages is collected infrequently: the amount of income in this case is very difficult to document.

But you can still try to prove that they exist in the following ways:

1. Talk to the defaulter's employer, explaining to him that the child needs money. Threaten to initiate tax audits.
2. Try to provide evidence that your ex-spouse allows himself to spend heavily while allegedly not working.

Of course, your arguments will be indirect, but, as they say, trying is not torture.

Collection in a fixed amount

If it is known for certain that the defaulter receives unpaid wages, then it makes sense to apply to the court with a request to collect alimony in a fixed amount. This method has its advantages and disadvantages.

The advantage is that the parent will start paying money regularly. The downside is that the court can set the minimum amount of payments equal to, for example, ½ the subsistence level.

To achieve a higher payout, you need to:

1. Prove that the child’s needs are quite great. And here it is important to make the argument that during the marriage a significant amount of money was spent on the child.
2. Prove that the defendant, despite the lack of a source of income, has a means of subsistence.

What is a “gray salary”?

There is such a thing as a “gray” salary, when part of the money is paid officially by the employer, and most of it is “in an envelope”.

The methods presented above apply here:

1. Try to identify the income in full, and provide evidence of this to the court.
2. Ask the court to change the order of payments from shares to payment in a fixed amount.

Can I be forced to pay child support after 18 years of age?

The Family Code stipulates the rules providing for the right of a child to receive alimony after 18 years of age.

The obligation to pay child support after the age of 18 rests only with the parents of a disabled and needy child. In this case, the amount of payments is determined exclusively in a fixed amount of money.

All circumstances are taken into account:

• Family status;
• material security (availability of property, unofficial income, deposits and government benefits);
• costs of maintaining a child (treatment, care, purchase of medicines);
• need for financial assistance.

Article 120 of the RF IC provides for the termination of alimony payments to an adult in the following cases:

• death of the payer or recipient;
• court decision on restoration of working capacity;
• court decision on termination of need.

Payment of child support to a student child after 18 years of age is not provided for by law.

Sanctions for non-payment of alimony

How to force a child's father to pay child support? If all the methods presented above do not have an effect, you will have to threaten your ex-husband with a fine and even a prison term.

Start with the threat of bringing him to administrative responsibility as provided for in the Code of Administrative Offenses of the Russian Federation, such as:

• seizure of property;
• imposition of a fine;
• accrual of penalties (in case of debt).

To initiate a criminal case, you must submit the appropriate application:

• bailiff;
• to the Ministry of Internal Affairs;
• to the prosecutor's office.

The mother must prove that her ex-husband has unjustified reasons, for example:

• intentional dismissal from work;
• attempts to hide from the bailiffs;
• concealment of income;
• receiving an unofficial salary.

A criminal conviction may subsequently serve as a reason for depriving the father of his rights to the child.

As you can see, there are many ways to collect alimony . Of course, all this will require a lot of effort, time and brings negative emotions.

But in most cases, strict collection measures, such as the involvement of the prosecutor's office and other serious authorities, force negligent fathers to pay alimony.

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How to force you to pay child support

Most often, the issue of paying alimony becomes relevant after the divorce. Although you can receive maintenance without tying yourself to official ties (civil marriage). But in any situation, the question may arise: how to force your ex-husband to pay alimony?

• Attention!
  • Most cases regarding alimony are extremely individual and consist of a very large number of factors.
  • Understanding the legal framework is desirable, but it cannot guarantee a solution to your specific situation.
  • Therefore, you can check any information with our on-duty legal consultants 24/7 and free of charge.
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To find effective and quick leverage on the debtor, it is important to understand why the ex-husband does not fulfill his obligations. Depending on them, you can think about further actions and steps.

The first reason is an irresponsible approach to fulfilling material obligations to the child, not the inherent instinct of a parent. In this case, the federal bailiff service will come to the rescue, and they will necessarily make collections from the debtor. It may lead to fines and penalties.

If the ex-husband does not officially work anywhere and does not want to get a job due to his unwillingness to pay alimony, he can be held accountable through the court (even criminally).

Another situation: the child’s father thinks that alimony is used not for the needs of the child, but for the needs of the mother or the children’s representative. Then you can try to draw up an agreement with your ex-husband on the use of finances, an agreement in which controversial and conflicting issues will be spelled out, taking into account the needs of the child.

A husband may ignore alimony payments out of a desire for revenge, especially if his wife filed for divorce.

First of all, in any of these situations, you can try to kindly, peacefully resolve the issue - talk to your ex-husband, explain that it is difficult to support a child alone. In some cases, the grandfather and grandmother from the father’s side are brought in if they have influence on the irresponsible son, and together they convey to him how necessary alimony is for the maintenance of the child.

How much and how should a husband pay alimony after a divorce?

For one child, a quarter of the amount is collected from the parent’s salary, for two - a third, if there are three or more children - from half of the earnings or more. The court may assign a certain amount of money as alimony without taking into account salary (fixed amount).

If the ex-spouse does not have a job or income, he must pay alimony obligations. Without official employment, sick, retired - these are not reasons for refusing alimony. The state pays benefits in such situations. The necessary amounts will be collected from it.

Exemption from alimony payments can only be established by a court decision.
We can conclude that alimony is mandatory maintenance on the part of a parent (father or mother, in some cases both) in favor of a minor child.

And alimony payments do not depend in any way on any life situations and problems.

How to force your husband to pay alimony?

Let's look at the most effective ways to influence the child's father (regardless of whether he works or not).

As mentioned above, in any situation you need to try to solve everything on a voluntary basis. To do this, parents only need to draw up a child support agreement. This is a legal document that must be certified by a notary. In the agreement, the former spouses can provide for all controversial situations, stipulate the nuances: the amount and form of payments, the timing and regularity of alimony.

Trial

How to force your husband not to ignore alimony if the previous option did not bring results?
Then you need to choose a more effective method - going to court. If for some reason there is no court order to pay maintenance, one must be obtained. A statement is written in the court office, which must indicate:

• Full name of the plaintiff, registration address;
• information about children;
• official details of the former spouse, place of residence (if known);
• the reason for going to court.

You should also submit the following documents:

• copies of the child's birth certificate;
• a copy of the marriage or divorce document;
• a certificate stating that the child lives with his mother;
• certificate of income and financial situation of the husband.

The court considers the plaintiff’s application and takes into account information about the defendant: his income, property, family composition, health status, and the needs of the child.

Based on all this data, the court makes a decision on the payment of alimony for the maintenance of children, its amount, form and frequency.

After completing the process, the plaintiff can receive a writ of execution - a document that specifies all the nuances and enforces the court decision.

Powers of bailiffs

The next step is to contact the federal bailiff service. It is this authority that knows how to force your ex to pay alimony.

After receiving the application and familiarizing yourself with the case, the bailiffs will begin to seize part of the salary or pension, benefits of the defendant in accordance with the instructions of the writ of execution.

In parallel with this, to make the process go faster, a copy of the writ of execution can be sent to the debtor’s place of employment or to the authority that pays him benefits.

The amounts received from the steps taken are transferred to the spouse’s account until the debt is paid.
Administrative and criminal liability may be imposed on those who refuse to pay child support.

A situation where the ex-husband did not work for a long time (up to three months) is also considered evasion of a court order. How to influence the debtor? To do this you need:

• write a statement to the bailiff service about the spouse’s refusal to pay alimony and the formation of a debt. This is a reason to initiate criminal proceedings;
• contact the police or prosecutor's office and file a statement of a similar nature there.

There are cases in legal practice when bailiffs cannot collect debt from the defendant. The reason for this may be the heavy workload of the bailiffs, reluctance to help the person who applied, or an unscrupulous attitude towards the work and the task at hand.

But how to force an employee to fulfill his duties? Here are some ways:

• take from the FSSP employee a document that will indicate the amount of alimony arrears;
• submit a petition to the superiors of your bailiff (senior in rank) with a complaint about the poor quality of work of his employee, inaction and a request to take measures to resolve the issue of collecting alimony;
• with a document about arrears in payments, which was issued by a bailiff, go to court in order to be charged interest (penalty) on the amount of arrears on the part of the ex-husband. This petition must be accompanied by all documents that confirm the steps taken to return alimony;
• Having received a court order to accrue a penalty, you should send all these documents to the executive body.

Further actions of the bailiffs may be as follows:

• seizure of property and sale of it at auction to repay the debt and interest on it;
• establishing a ban on leaving the country;
• freezing bank accounts to collect alimony debt;
• determining the availability of other sources of income (inheritance, securities) and arrest in favor of the plaintiff;
• criminal liability;
• deprivation of parental rights.

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How to force child support to be paid: child's father's child support debt

As is known, the guardianship and maintenance of minor children is the direct responsibility of their legal representatives, that is, parents or guardians (Article 80 of the RF IC).

Even if a legal relationship is dissolved, children cannot be left without a livelihood, therefore, according to Article 90 of the RF IC, if there are minor children, filing a divorce implies the emergence of alimony obligations between the former spouses.

The procedure for paying and collecting alimony can be established by concluding a voluntary agreement, or on the basis of a court decision.

There are situations in which contractual obligations between spouses are violated and the payer avoids fulfilling them. What to do in this case? How to force your ex-husband to pay child support? We will answer these and other questions in the article.

Dear readers! In our articles we consider typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , please contact us through the online consultant form on the right or call us at:

+7 (499) 110-33-98 Moscow, Moscow region

+7 (812) 407-22-74 St. Petersburg, Leningrad region Other regions: online consultant >> It's fast and free !

Reasons for avoidance

There can be many reasons for avoiding alimony obligations. Moreover, these can be both intentional acts and objective delays due to life circumstances.

It is important to understand that the payer does not always intentionally fail to pay the amount of alimony formally established in the agreement.

Determining the actual reasons in a specific situation will help you understand how to force your husband to pay alimony. This may be a fine, administrative or criminal liability.

Let's consider the possible reasons:

• irresponsible attitude towards the maintenance of their offspring;
• an attempt to take revenge or punish the ex-wife;
• loss of ability to work by 50 percent or more;
• lack of official employment in order not to pay child support;
• the payer believes that the loan he is paying is being used for other purposes (other purposes not relating to the child);
• recognition of the alimony payer as incompetent by decision of the examination;
• establishing biological paternity is not in favor of the person paying child support;
• the presence in the family of the ex-spouse of other disabled persons of the first order (children from another marriage, parents).

For example, marriage to a wealthy person or obtaining a new position, which helps restore the spouse’s ability to work.

How to make someone pay

Child support must be provided by the former spouse within the period stipulated by the Agreement certified by a notary, or by a statement of claim and a writ of execution. Otherwise, the ex-spouse will demand payment through legal representatives.

• In order to resolve the conflict, you can try to resolve the issue peacefully by finding out the reason for non-payment and agreeing with your ex-spouse on the need to renew financial support.
• In this case, the agreements are sealed by the Agreement.
• If an agreement could not be reached through negotiations, then we will offer you some recommendations on how to resolve the issue of how to force the alimony debt to be paid.

Arbitrage practice

1. The most common solution to the issue of non-payment of child support occurs through judicial proceedings (Article 106 of the RF IC).
2. The amount of the penalty is established as a share of income (Article 81 of the RF IC) or in a fixed sum of money (Article 83 of the RF IC).
3. The procedure for paying and collecting alimony is determined by family law in relation to the payer, taking into account his financial and marital status.
4. The procedure for legal proceedings is possible by order (Article 121 of the Civil Code of the Russian Federation) or by claim (Article 131 of the Civil Code of the Russian Federation).

If there is a violation of the drafting of the writ or claim, the document will be returned by the court to the applicant. You can download a sample statement of claim to the court here.

The statement states:

• details of the debtor and the claimant (full name, dates of birth and place of residence, place of work and position, contact numbers);
• the claimant's claims and their legal grounds;
• documents and legislative acts confirming the legitimacy of the requirements;
• application;
• signature;
• date of.

• After considering the claim and the requirements specified in it, the bailiffs are given a writ of execution, according to which the former spouse paying the alimony will be held accountable.
• The court has the right to completely exempt the debtor from paying alimony if he is in a difficult financial situation or is physically seriously ill.
• The appeal is considered by the court within 5 working days.

Enforcement proceedings

If an agreement on the payment of alimony was previously concluded between the parties, and most importantly, certified by a notary, then the document automatically acquired the force of a writ of execution.

Accordingly, filing a claim in court to bring the debtor to justice is not required. It is necessary to transfer the Agreement to the bailiffs directly.

Bailiffs carry out enforcement measures against the debtor at his place of residence. This may include deduction of a percentage of wages (or other income), seizure of property, restrictions on driving a vehicle and traveling outside the homeland.

1. If the bailiffs are inactive, you have the right to appeal their work by filing a complaint with a superior (229-FZ Art. 123).
2. The amount of alimony debt and how to force it to be paid is determined by bailiffs under Federal Law No. 229.
3. If the payer did not work during the period specified in the writ of execution, or was not officially employed, the bailiff will calculate the amount of recovery based on the average earnings in a particular region (it cannot be lower than the minimum wage).
4. When the debtor has a permanent income, the amount of debt is collected from official earnings or property if the earnings are not large enough.

Liability for non-payment

You can be held accountable for non-payment of alimony on the basis of the debtor’s concealment of his income, evasion of payment, or inaction in restoring his ability to work for more than three months. Let's consider possible measures to force you to pay alimony.

The defaulter will face punishment in accordance with administrative, civil and criminal legislative initiatives.

What actions apply to the defaulter:

1. Deprivation of parental rights on the basis of the Court. In this case, the former spouse will either come to his senses and resume his obligations, or the child and father will be deprived of all rights and responsibilities towards each other.
2. Fulfillment of bailiffs' demands.
3. Payment of a penalty in addition to the amount of the withheld amount if the demands of the bailiffs were ignored.
4. Mandatory work up to 150 hours.
5. Arrest from 10 to 15 days.
6. Fine 20 thousand rubles.
7. Correctional labor for up to one year.
8. Imprisonment from 3 months to a year.

The most severe punishments follow for persistent defaulters, who are not evading their obligations for the first time. 

Conclusion

• The easiest way to force a child's father to pay child support is to resolve disagreements peacefully through a voluntary agreement.
• If it was not possible to come to an amicable agreement and force you to pay child support, the law provided for the most effective methods of bringing the unscrupulous father to justice, which will help reimburse the material withheld funds at the judicial level.
• Dear readers , the information in the article may be out of date, take advantage of a free consultation by calling:
  +7 (499) 110-33-98 Moscow, Moscow region
  +7 (812) 407-22-74 St. Petersburg, Leningrad region
  Other regions: online -consultant>>
  or ask a lawyer a question using the feedback form below.

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How to force your ex-husband to pay alimony in 2023: practical advice

After a divorce, many women are faced with the problem of lack of financial support from the child's father. Therefore, they are looking for ways to force their ex-husband to pay alimony. However, before taking decisive action, you should understand the circumstances of each situation and take into account all the factors that affect the payment of child support by a parent.

Grounds for payment of alimony

The obligation to pay alimony arises after the relevant documents are completed. They may be:

1. Peaceful agreement. Drawed up by the decision of both parents. It specifies the amount and procedure for paying alimony. The document is drawn up in writing and certified by a notary. The procedure for concluding an agreement is regulated by Ch. 16 of the Family Code (hereinafter - FC). The parties draw up an agreement if there are no disputes between them regarding the order of child support.
2. The court's decision. Often in a divorce lawsuit, the plaintiff asks the court to force the child's father to pay child support. However, requirements for accrual of child support payments may be stated in a separate statement of claim. The mother files a corresponding claim if it was not possible to find mutual understanding with her ex-husband.

The simplest situation is when the parents managed to come to an agreement.

However, even if the father refuses in the future to fulfill his obligations under the peace agreement, the mother has the right to submit a notarized document as a writ of execution to the local branch of the Federal Bailiff Service (hereinafter referred to as the FSSP). The procedure for execution will be similar to fulfilling the requirements of a court order.

Possible reasons for non-payment of alimony

The reasons for refusing child support can significantly influence the judge's decision. So, there may be several circumstances that prevent the payment of funds:

1. Negligent attitude towards parental responsibilities, desire to take revenge on the spouse and other personal motives. The presence of such grounds does not in any way affect the amount of alimony and the frequency of its calculation.
2. Family circumstances. This includes:
   1. the birth of a child in a new marriage;
   2. the presence of disabled dependents on the father's support.
3. Temporary incapacity for work of the payer, loss of a breadwinner, disability, reaching retirement age.

In the last two cases, the alimony provider has the right to count on a reduction in the amount of alimony payments; the rule of Part 2 of Art. 81 SK.

How to calculate content size

If there are no grounds for reducing or releasing a person from alimony, the amount of maintenance is calculated according to Part 1 of Art. 81 SK:

• one minor accounts for a quarter of the income (25%);
• two - a third (33%);
• for three or more - half the earnings (50%).

The amount can also be calculated in a fixed form, for example, if the alimony worker is retired or unemployed.

If, after the decision is made, the father continues to deviate from financial support, then the bailiff will have to force the parent to pay child support.

If there is no official work

If the ex-husband does not officially work, the judge will not cancel the obligation to support the child. There are several ways to determine the amount of alimony:

1. If there is a certificate from the employment service, then the minimum wage is taken as the basis.
2. When official employment is not recorded, but the person is not registered as unemployed, the base is the average salary in the region.

Even disability and reaching retirement age cannot become a basis for exemption from alimony. In such cases, the amount is calculated in relation to the benefit or pension paid.

Trial

When the spouses failed to reach a common agreement, the ex-wife can only use the judicial method of coercion. There are two options here:

• obtain a court order;
• file a claim for alimony in the usual manner.

In the first case, the plaintiff submits an application for a court order. Territorial jurisdiction is chosen by the plaintiff according to the rules of Part 3 of Art. 29 of the Civil Procedure Code (hereinafter referred to as the Civil Procedure Code), at the place of residence of the applicant or defendant.

For the court to accept the application, the document must contain the information provided for in Art. 124 Code of Civil Procedure, namely:

• name of the competent court;
• information about the parties: full names, contact details;
• the applicant's claims;
• documents that can confirm the requirements.

As part of writ proceedings, the parties are not called to consider the case, Part 2 of Art. 126 Code of Civil Procedure. The judge is given a five-day period to render a verdict.

Issuing an order only at first glance seems to be a simple and convenient procedure. However, practice shows that a dissatisfied defendant begins to express objections after the decision is made. This means that if the refusal of obligations is expressed in writing (for example, the father does not agree with the amount of payments) within ten days from the date of the order, the latter will be canceled.

After this, the case will be considered according to the claim procedure. Chapter two of the Code of Civil Procedure regulates the procedure for considering disputes that arose on the basis of a claim.

After accepting the application for consideration, the judge schedules a hearing. This process is accompanied by the following actions:

• calling the parties;
• hearing each participant;
• calling witnesses;
• review of evidence;
• making a decision on the merits.

The issuance of a court order does not imply the execution of a writ of execution for the FSSP; it acts as a full-fledged basis for opening enforcement proceedings.

When a defendant refuses to pay a court order, the plaintiff must request a writ of execution. The applicant must go with him to the FSSP, where measures will be taken to fulfill the requirements.

Sometimes FSSP employees do not take enough measures to implement the decision. Then the applicant has the right to appeal his actions to his superiors.

Download the statement of claim for the collection of child support (Sample.doc)

Practical methods of influencing the defaulter

It is often not easy to force a parent to provide financial assistance to the former family. Willful defaulters hide their place of residence, work unofficially, and transfer property to other relatives.

Such manipulations negatively affect the effectiveness of the FSSP, however, some methods of influencing violators are still provided. After using them, fathers realize that paying for help is the easiest way to solve the problem.

For mothers, such measures are a valid guarantee of the implementation of the decision.

If you have something to lose

Bailiffs can influence the scope of the debtor's powers, as well as the size of his savings, as follows:

1. Forced bringing to court is a psychological measure of influence. Some citizens are uncomfortable with the thought of temporarily depriving them of personal integrity, so sometimes such exposure is enough to produce results.
2. A travel ban is a simple and effective method of influencing a debtor. It will not be effective for all parents. But for people whose activities or pace of life involve frequent travel, such a limitation will be significant.
3. Seizure of a car is also often used against willful defaulters. Many parents are afraid that the car may be taken away and sold at auction, and they try to quickly pay off the debt.

It's not just cars that can be seized. Initially, the restriction is imposed on bank accounts, other valuables, and material things .

In determining the things that can be sanctioned, FSSP employees can be helped by their spouse.

Ex-wives often know what values ​​their ex-husband has, so their active participation in the activities of bailiffs has a positive effect on the speed and outcome of enforcement proceedings.

In each case, an individual method of influence is selected. They always start with the least restrictive method, and in the absence of positive dynamics, they resort to more stringent measures.

If you have nothing to lose

Debt collection through the use of the above methods is possible provided that:

• official income, which are listed in Art. 82 of the IC and Decree of the Government of the Russian Federation No. 841 of 1996;
• cash in bank accounts and valuables;
• other movable and immovable property.

If the debtor has nothing on his record, there is no need to despair. If the alimony worker is not registered with the entertainment service, the bailiff has the right to write the appropriate direction. Although they will not be able to force the debtor into employment, after several refusals of the parent to work, the FSSP will have the right to sue him.

Example. The court sentenced O. A. Lebedev to a year of correctional labor for malicious evasion of the maintenance of a minor. This was preceded by the following circumstances - the bailiff sent the parent to the employment service three times:

1. In the first case, the defaulter refused to appear at the authority.
2. In the second, he did not submit a complete package of documents to the employer; the missing paper was an order to support a minor child.
3. The last time O. A Lebedev’s work activity lasted several days.

After such a chain of events, a decision was made that the father had no desire to work, which is equivalent to a lack of desire to pay debts.

Debtors are often given deadlines within which to take action to find employment and pay debts.

Criminal liability for non-payment

You can go to court not only through civil proceedings based on the norms of the Investigative Committee. If the debtor maliciously evades fulfilling parental duties, you can report him to law enforcement agencies.

Article 157 of the Criminal Code provides for a crime for persistent defaulters. Signs of an offense include:

• if it turned out that the debtor lives in another city and did not inform the FSSP about this;
• the defaulter hides his place of work and income received;
• the father does not want to get a job or register with the employment service;
• if the parent owes a large amount;
• in case of delay in payment for more than 6 months;
• if the person continues to evade after the application of administrative sanctions under Part 1 of Art. 17.14 Code of Administrative Offenses (failure to comply with bailiff’s orders).

Criminal prosecution is a tough measure, so the plaintiff must have evidence in his arsenal that confirms the above signs of malicious evasive behavior of the defendant.

If the spouse’s demands are justified, then the parent faces one of the following penalties:

• corrective or forced labor for up to a year;
• three-month arrest;
• imprisonment for up to 1 year.

If the fact of a crime is proven, the mother has the right to deprive the father of parental rights on the basis of Art. 69 SK. However, this does not mean that the perpetrator is exempt from providing financial assistance to a minor.

Bailiffs use various measures to influence the defaulter. The result will depend on a well-thought-out strategy for imposing sanctions and the wife’s (and subsequently the FSSP’s) awareness of the debtor’s weaknesses.

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How to force a child's father to pay child support?

to force your ex-husband to pay alimony , but it is possible if you use leverage at the level provided for by the legislation of the Russian Federation. The Family Code regarding the collection of monthly amounts from negligent fathers is completely on the side of the child. The latest interpretation of the law has a number of innovations that allow the ex-wife to carry out the process of receiving funds with the least amount of time and nerves.

Alimony is calculated monthly as a percentage of the actual amount of earnings indicated in the accounting documents for the payment of funds, minus 13% income tax. Enterprises provide for automatic transfer of the amount to the details provided by the woman.

What does this mean in percentage terms:

• for 1 child – 25%;
• for two – 33%;
• for three or more – 50%.

When a man does not officially work, this is not a reason for refusing to pay alimony. Alcoholism, disability, retirement age, difficult financial situation in the new family are also not considered.

Under certain conditions, the ex-husband can file a counterclaim with a request to revise the amount of payments if he proves that the financial situation of the child’s mother is better. But this does not completely exempt him from fulfilling his obligations.

Legal fact. Long-term imprisonment or deprivation of parental rights are not grounds for avoiding paying child support. Up to 18 years of age, and if the child continues to study at a university (up to 21 years of age), you will have to pay.

Forcing a man to pay alimony voluntarily if he is an alcoholic is almost impossible. You can only get money in court according to the RF IC.

In case of non-execution of the court decision, funds are collected on the basis of the Code of Civil Procedure of the Russian Federation, the Federal Law of the Russian Federation “On Enforcement Proceedings”.

What a woman can do:

• Agree peacefully. Sometimes the child's father still has crumbs of responsibility for the child and provides the funds on his own.
• File a lawsuit (prosecutor's office). Based on Article 157 of the Criminal Code of the Russian Federation, imprisonment is provided for refusal to pay compensation for children.
• Intimidate with the Family Code and Article 69 . According to it, a malicious child support provider is deprived of parental rights. This does not exempt him from monthly payments, but it protects the child in the future if the “parent” in old age wants to file for child support himself.

When a court order is in hand, you should not relax. They contact the bailiffs, who regularly visit the debtor, and remind them with “letters of happiness.”

But there are pitfalls here too. In most cases, performers limit themselves to sending notices to the man’s registered address.

The paradox is that the latter often coincides with the place of residence of the former family, and the father spends the night with his drinking buddies. Finding him is not the responsibility of the bailiff service, but of the police, where the woman must submit a search application.

The receipt is a document, an argument in court, if the man insists that he did not know about the collection of money from him in favor of the child.

The seizure of property is carried out by a bailiff if the alimony debt is not paid (from 10 thousand rubles), and the man steadfastly ignores it.

You can only describe what belongs to the alimony provider. After this, confiscation is carried out with subsequent sale, or storage (deferment) with the provision of the opportunity to independently repay the debt.

In fact, the alcoholic drinks everything he has and the woman can only deprive him of parental rights in order to protect the child from future contact with the father.

It is possible to obtain alimony payments if the ex-husband lives in another city. There are three methods of doing business:

• submit an application in person to the court at the defendant’s place of residence (minus: a waste of money and time);
• Hire a contract lawyer to serve as the plaintiff. Issue a power of attorney for him to conduct business (minus: significant expenses for paying for travel to the defendant’s place of residence and financing the services provided). Sometimes, if the court decides positively, expenses can be transferred to the alimony provider;
• send to the court of the city where the defendant lives a registered letter by mail with notification of receipt. A petition for consideration of the case without the plaintiff is placed in the envelope, along with his written position on this case and justified demands.

The presence of the debtor in another country often makes it impossible to collect alimony. The issue can be resolved if there is an agreement with a foreign state and the Russian Federation on mutual cooperation. They directly go to the court of this country, filing a claim against the “fugitive” for the collection of alimony.

If the father’s earnings are “floating”, he does not work in one place for a long time, or he works for himself without having a certificate of income, he can receive a fixed amount. It is established by the court based on a real assessment of the living conditions of the alimony worker.

With a “gray” salary, actual income does not match what is indicated on paper, so the defendant pays less than he should. It is impossible to influence this, the court only considers the documents provided, and it is easier for an employer to fire an employee than to disclose salary figures that are hidden from taxation.

Article 109 of the Family Code obliges the employer to withhold part of the defendant’s earnings for the benefit of the child. The court decision is sent to the enterprise, where the chief accountant draws up all the necessary documents and makes deductions.

Lack of work is not grounds for refusal to pay alimony. They collect them in court on a general basis, the amount looks like a part of earnings.

But since it is not there, alimony is taken from the salary indicated at the last place of work, or is calculated from the average for the region of residence.

There is no minimum amount of alimony established by law, so the solution for a woman would be to enter into an agreement with her ex-husband, where the amount and variations in its changes will be documented, taking into account inflation, growth and the needs of the child.

In the absence of a contract, the court establishes the equivalent of payments based on the real life circumstances of the plaintiff and defendant, their financial and marital status, and the reasons for unemployment. If the father does not shirk his obligations, he is credited with what he is able to pay. If refused, the calculation is based on the main indicator of average earnings in Russia.

You can force your ex-husband to pay alimony only through the court.

But its solution with the involvement of bailiffs is not always feasible.

Even with the introduction of criminal liability, the real picture has not changed; men invent their own schemes for evading child support before the legal levers of pressure on them are implemented.

If you have any questions, our duty lawyer is ready to advise you free of charge ↓