Can bailiffs seize child support?

If you are faced with forced collection of debts, then it is important to clarify whether bailiffs have the right, within the framework of domestic legislation, to seize alimony for a minor child. Sometimes, ignorance of your personal rights can provoke bailiffs to abuse their official duties.

Basics

The norms of domestic legislation stipulate that alimony is a targeted source of financial income that is intended to support minor children or other disabled relatives. In addition, it is stated that such income can be spent exclusively on those for whom it is intended. Therefore, bailiffs cannot seize alimony under any conditions.

The Federal Bailiff Service cannot use alimony funds for:

• payment of utility bills;
• repayment of credit debt;
• payment of tax debts, etc.

Important! Regardless of what type of debt has arisen, and what amount is required for compensation, the bailiff is prohibited from seizing alimony.

Allowance of violations

According to the current legislation, the bailiff has permission to restrict property rights in order to compensate for debts. First of all, restrictions apply to official income at the place of work. Then other types of financial support are limited, including bank accounts and cards. And, although the Law is clear in its answer to the question of whether bailiffs can seize alimony benefits, sometimes such incidents do happen. And the correct timely reaction will allow you to return the seized funds.

If a ban has been imposed on the use of income from alimony, you can act in one of the following ways:

• contact directly the bailiff in charge of the case;
• submit a statement of claim to the court.

To seize any type of property, you must first draw up an act of seizure. This is a document that displays the circumstances and grounds for establishing the ban, and also contains the signatures of all participants. Considering that alimony became the object of restrictions, the Act will be considered invalid and subject to cancellation.

To be able to use the seized account again, it is enough to contact the regional branch of the FSSP directly. You must have the following documents with you:

• copy of the Act;
• bank statement on the purpose of the account;
• order sheet on the assignment of alimony;
• birth certificate of the child to whom the money is intended.

As a rule, realizing their mistake, bailiffs willingly meet halfway and cancel the document, returning legal access to funds. But, if you still cannot resolve the issue peacefully, you will have to go to court.

The package of evidence implies the presence of the same list of documents. Also, given that in this situation the rights, first of all, of a minor are protected, the state fee is not charged to the applicant.

Is it possible to skip the stage of applying to the FSSP and immediately go to court with a claim? Of course, it is possible, but then you need to be prepared for additional questions from the court about the reluctance to resolve the dispute peacefully.

Prevention

As part of the performance of their official duties, bailiffs can use the following measures:

• seizure of official income at the place of employment (or the state of emergency budget will be seized if the debtor is a private entrepreneur);
• establishing the fact of the presence of cash savings in banks, which can also be seized;
• establishing a list of personal financial accounts into which funds come from various additional sources, which are subsequently also seized.

As a rule, if bailiffs have seized cash accounts, they can be unblocked only after the debt is repaid. But, often there is a cessation of access to funds that are transferred to the child. This violation is allowed, partly, through the fault of the FSSP, partly through the fault of the banking institution, and also due to the inattention of the recipient of financial assistance for the child.

It is possible to avoid such unpleasant incidents if you open a separate bank account in advance, which will specialize in alimony . Thus, while claiming to terminate the possibility of using personal financial resources, the question of whether bailiffs can seize child support will disappear on its own.

So, can alimony be seized based on a writ of execution or any other administrative document? The legislator's answer is unequivocal - “no”.

A mandatory condition for using funds is to meet the needs of a child or disabled relative.

Can bailiffs seize child support?

Often, parents who receive child support find themselves in an unpleasant situation: after a debt (for example, a credit debt) arises, the entire amount is withdrawn from the bank account into which money was received for the child to pay it off. In fact, the bailiff seizes funds intended for the minor.

Sometimes alimony is seized and written off because the executors do not understand the purpose of bank accounts. Or the bank did not provide information that this account is social - intended for receiving alimony.

In some situations, this is done deliberately - the executor knows that it is to this account that alimony payments come, but does not take this into account.

Can FSSI employees write off alimony and if this is illegal, how can I get the money back later? After all, the problem is that the creditor learns about the seizure of the account only after the funds have been debited from the card.

Is it possible to seize a child support bank account?

Let's give an example: a woman, the mother of a young child, is on maternity leave. The ex-husband transfers alimony - for her and for her son. The money goes to a bank account specially opened for this purpose.

Before pregnancy, the woman took out a loan, which she repaid regularly for several years. After the birth of the baby, the financial situation worsened; in recent months, payments on the loan were not made. A debt has arisen.

Bailiffs seized accounts, including those opened for maternity and alimony payments. The woman has no other income.

The answer to this question is unequivocal - no. Seizing an account and writing off alimony to pay off debt is illegal.

This is expressly stated in paragraph 7 of Art. 101 FS “On Enforcement Proceedings” No. 229-FZ dated 10/02/2007 - the bailiff cannot enforce alimony and money paid to the child during the search for his parents. Consequently, writing off money from such an account on the basis of a bailiff’s act is contrary to the law.

There are no exceptions to this rule. It does not matter how the alimony recipient incurred debt obligations:

• under a loan agreement;
• under contracts for the provision of utility services;
• under civil law agreements, the terms of which provide for financial liability;
• as a result of causing harm to the life and health of other citizens.

Even if the creditor or the enforcement case has a writ of execution in his hands, this is not a basis for seizing alimony funds. Alimony is a kind of “sacred idol” that cannot be touched under any circumstances.

Powers of bailiffs

Sometimes alimony recipients whose accounts are frozen make claims against the banking institution. This is meaningless, since the bank in this case is the executor of the order (or the write-off request).

FSSI employees, within the framework of their powers, have the right to request information about the debtor’s income, including accounts opened in his name.

To repay the debt, collection is directed primarily to sources of regular income - deductions are made from wages, pensions, and scholarships.

If there is no income, insufficient and it is impossible to repay the debt in this way, the debt is repaid using the funds in accounts and savings books.

If you want to know about what income alimony is withheld from, read our article.

Alimony relations are related to the provision of minors and have one peculiarity: the child will not be able to independently receive payments and dispose of them at his own discretion.

The child support payer - the parent living separately - transfers the money to the claimant - the second parent. In most cases, payment of alimony is carried out by transferring funds to a specially opened bank account.

In addition, money can be sent by postal order, handed over personally to the alimony recipient against a signature.

It may seem that all funds received into the account of the debtor who receives alimony from the other party may be seized. Actually this is not true.

Alimony payments actually go to the bank account of the claimant, but such payments have a specific purpose. In fact, the owner of the money is a minor. Funds should be spent specifically to meet his needs.

In addition, the alimony payer has the right to personally or with the help of the guardianship authorities check for what purposes the alimony maintenance is spent. If, for example, the mother of a child spends the money received from his father for her own needs - buying cosmetics, wardrobe items or paying for a trip - this is illegal.

We described how to control the expenditure of alimony funds in the article “Responsibility for the misuse of alimony.”

Thus, the bailiff does not have the right to seize the account into which alimony payments are received, much less seize the money on it. However, in life, unfortunately, this happens often.

The procedure for appealing the actions of a bailiff

What to do if the bank account into which money for child support is received is seized? The actions of FSSI employees must be appealed. The appeal procedure is carried out:

• administratively;
• judicially.

To remove the arrest from the account, the initiator of the cancellation (collector) must first receive a copy of the document on the basis of which the account was blocked. To do this, please contact:

• the bailiff service, which initiated the arrest and write-off of money;
• to the bank where the social account is opened.

Administrative appeal against arrest

Once a copy of the decision has been received, the next step is to file a complaint. You should contact the management of the relevant FSSP department. In the complaint, the claimant must set out all the circumstances of the case (in particular, the seizure of the bank account) and refer to clause 7 of Art. 101 of Law No. 229-FZ, which directly prohibits the seizure of funds in an alimony account.

A package of documents is sent with the complaint:

• claimant's passport;
• birth certificate of the minor in whose favor alimony deductions are made;
• a copy of the document on the basis of which alimony is collected (agreement on child support arrangements, an extract from a court decision, a court order);
• information from the bank that confirms the intended purpose of the restricted account.

In most cases, the seizure of a bank account is lifted after consideration of the complaint. The law obliges FSSP officials to do this without delay.

However, the bureaucratic machine does not always function properly. Resolving the issue of lifting the arrest may take a long time. But you cannot hesitate in this situation, since delay has a negative impact on the child. Prompt resolution of the situation is of great importance if alimony is the only source of income for the child and his mother.

How often does the leadership of the FSSI let things go “on the brakes”? Often. Appealing the actions of government officials is bad because the application is considered by managers working in the same institution as the employees whose unlawful actions are being appealed.

Appeal against arrest in court

If the officials to whom the claimant sent a complaint are in no hurry to cancel their own decision, it is necessary to defend their interests in court. And demand not only that the seizure of the account be lifted and the alimony written off be returned, but also that those responsible be held accountable.

To resolve the issue of lifting a seizure from a bank account in court, you must take the following steps:

• collect the documents listed above;
• draw up and send to the court a statement of claim and a package of documents;
• attach to the application a receipt for payment of the state fee (300 rubles).

Of course, in the process of judicial appeal you will have to spend money - on paying state fees, making photocopies of documents, and perhaps using legal services.

The statement of claim should require reimbursement of expenses from the defendant – the FSSP.

When the court satisfies the request and obliges the bailiffs to unblock the account, all costs (including legal services) will be reimbursed by the state.

After appealing against the illegal actions of FSSI employees and canceling the arrest, sooner or later the money will be returned to the recoverer.

If you doubt that the statement of claim you have prepared will comply with the requirements of the law, seek help from a specialist. A lawyer will competently draw up a claim, collect the necessary documents, and, if necessary, represent your interests in court.

Can bailiffs seize child support?

Incurring debts among modern citizens has become the norm. Often, creditors go to court to get their money back, and bailiffs begin to look for debtors’ funds. One way is to seize a bank account and (or) write off funds from it.

The object of arrest or write-off may also be alimony paid to a child by a parent who does not live with him. Bailiffs do this deliberately or due to ignorance of the law or circumstances. It can be difficult to figure out the source of the money on the card.

Can a bailiff seize alimony payments?

The bailiff's goal is to find sources to cover the debt. For this purpose, they submit requests to banks or other credit organizations to find out whether the debtor has accounts with them. What does the bailiff usually count on? For a scholarship, pension or salary. Attention is also paid to debit accounts, in particular, those opened for receiving alimony.

The official issuance of money in cash does not save the debtor from collection.

In Art. 101 of the Law on Enforcement Proceedings lists the types of income that are not subject to collection in the process of executing a court decision. The reason for its issuance does not matter: credit obligations, debts to utility services, etc.

This means that the bailiff does not have the right to write off alimony money. If we talk about arrest, it is also unacceptable as a means of coercion to pay a debt.

The law identifies environmental damage to human health and life as a special case that provides additional benefits to the claimant, however, there are no exceptions here.

However, the restriction regarding alimony affects all enforcement documents. It does not matter whether enforcement proceedings are opened by a court decision or on the basis of another act.

The very status of funds received as alimony is interesting. The child does not dispose of them himself, he does not have such a right, the recipient is the parent with whom he lives. The money is sent to the parent's bank account or by postal order. The parent is legally the owner of the funds.

There is an opinion that any funds that fall into the debtor’s account are subject to seizure and write-off. However, the nuance with alimony is that it is targeted.

The parent or legal representative of the child does not have the right to spend it without taking into account the provisions of the law. It is stipulated that the money is spent exclusively on meeting the needs of the child. The person paying alimony has the right to control how it is spent. In particular, require documents confirming the correctness of expenditure.

The child's guardian or his parent does not have the right to spend money exclusively on himself, for example, on jewelry, cosmetics or other needs. At the same time, paying for utilities, visiting clubs, sections, etc. is not considered a violation. Unfortunately, there are unscrupulous mothers and fathers who spend money in this way.

The alimony payer has the right, upon learning that the money is being spent unlawfully, to complain about illegal actions to the guardianship authorities. It is useless to go to the bailiffs with such complaints - it is not their competence. Having a complaint in hand, the guardianship authorities will monitor what is happening.

If the violations were serious, the payer has the right to raise the question of who the child will live with next. But this problem is being resolved through the courts. Guardianship authorities have the right to give only instructions.

Some are left without work, others have one, but the salary is barely enough to cover the minimum.

This situation with the resulting inability to pay one’s debts has led to the emergence of an array of cases related specifically to monetary debts.

First of all, the bailiffs, having received a writ of execution, look for bank accounts. Having seized them, they then take other actions aimed at repaying the debt. If the debtor has a regular source of income, this is sufficient.

The problem is that no one really understands the purpose for which the account was opened. The reason is that there is enough work in the service; employees do not have time to delve into the intricacies of each production.

In addition, each department has its own approaches to solving this or that issue. The topic of legality sometimes simply does not arise.

Especially considering that citizens prefer not to complain about officials again.

The bailiff issues a decision, sends it to the bank, after which the accounts are seized.

Bank cards have one feature; if desired, they can be replenished in a variety of ways. Therefore, the alimony payer can simply transfer funds through the terminal or the bank’s client system.

Social accounts or cards appear to be a safer means of receiving money.

• How to write an application for collection of child support?
• How to apply for alimony during marriage, read here.

The best way to avoid difficulties is to get a simple debit card solely for child support payments. Some of them are issued within half an hour; there is no need to pay for issue. Payment for services occurs when the card is topped up (with the exception of transferring funds via the Internet).

Despite the fact that the bailiff is obliged to open proceedings and send a copy of the decision to the debtor, he does not do this or does it with a serious delay.

The bailiff is also obliged to report the arrest of accounts and the debiting of funds from them, sending a copy of the resolution. This is also often not done. They forget to send a copy of the resolution or do it very late.

People find out that funds in their account are blocked when they try to withdraw money from an ATM or make a transfer.

Specific information is provided at the bank branch (by whose order and when the account was seized or money was debited from it).

If money is transferred automatically during the execution of a court decision, the relevant information is kept by your bailiff. Seizure of an account as a restriction applies to both all funds and part of them. A fixed amount is blocked on the account each time funds are received.

If the money is transferred by the payer voluntarily, then after taking a certificate of the movement of funds in the account, you should go to the bailiff and explain to him the purpose of the account.

Having received the application with the attached documents, the bailiff is obliged to consider it and make a decision on it. To prevent it from being lost, you should keep a copy with a note of acceptance after your personal appointment.

An interested person has the right to complain about the actions of the bailiff if he believes that they are illegal. There are statements on the Internet that alimony payers also have this right. However, the position is controversial; practitioners are not always inclined to agree with it. It is better to deal with the issue of unblocking directly to the recipient of alimony.

The law provides two ways to declare an official’s actions illegal:

The first involves writing a complaint to a superior officer, for starters, the senior police officer in charge of the department. The paper is sent personally or by mail. Documents are accepted at the office. It is advisable for the submitter to keep a copy with an acceptance mark.

• indication of the official to whom it is addressed;
• information about the applicant (full name, residential address);
• statement of circumstances;
• arguments about the illegality of seizing the account with reference to the law;
• date and signature of the applicant.

If documents are attached, a list of them is provided. It is, in general, standard:

• child's birth certificate;
• documents confirming the right to guardianship if the child does not live with the parent;
• alimony payment agreement, court decision, court order;
• certificate from the bank with account details.

Contacting your boss may be a faster way to resolve the issue. If he does not agree with the complaint or delays resolving the issue; the trial remains.

A complaint to the court is written in a similar way, but instead of the chief, the name of the district court is indicated. The claim against the actions of the bailiff is classified as administrative and no state duty is paid for it.

The appealed decision and other documents are attached. In this case, although the court has the right to demand documents, it is advisable to provide them yourself. The process will speed up significantly.

Interestingly, having received a subpoena, bailiffs often resolve the issue before the meeting. A citizen, coming to court, finds out that the decision has already been canceled. Actions are more effective than threats.

In addition to this, there are several nuances. The party to the enforcement proceedings is given 10 days to send a complaint. They are counted from the next day when the violation became known. If they are missed, a request to restore the deadline indicating a valid reason is required, otherwise the complaint will not be accepted either by the FSSP or in court.

Despite the carefully prescribed order of actions, the timing of their implementation, the system works hard. The service is overloaded and does not have time to do everything on time and efficiently.

The applicant must be reminded of himself with calls and visits. Unfortunately, many mothers are faced with the fact that alimony is the only or significant source of their income and the delay in lifting the arrest becomes a serious problem.

Where can I get a sample complaint to the chief bailiff? They are located directly in the reception service or court office. There are also samples on the websites of the FSSP or courts.

One method was described above - to open a separate account for receiving alimony. Another is to switch entirely to cash.

Funds can be issued by the organization in which the payer works, issued by hand or sent by mail.

If the transfer of alimony is forced, the matter is somewhat more complicated. Bailiffs do not work with cash. Debtors' money is accumulated by the service and then transferred to recipients.

But, as stated above, the intended purpose of the money in this case is much easier to justify, and to receive it it is advisable to open a separate account.

In addition to canceling illegal actions, you are given the right to return funds that were illegally debited from the card. True, if the amount of money withdrawn is less than the amount of the debt, the court may limit itself to declaring the actions of the bailiff service illegal.

Another way to protect yourself from unnecessary problems is to agree with the bailiff on regular, albeit small, payments. The bailiff will agree to this, especially if the woman has no other official income.

It must be said that many deliberately wait for a court decision and then the opening of enforcement proceedings. This stops the growth of debt; it is essentially frozen. As a result, the monthly allocated amount will be enough to gradually pay off the debt.

Can bailiffs withhold alimony payments?

According to the law, the penalty according to executive documents is applied to the wages of citizens sentenced to correctional labor, minus deductions made by verdict or court order (according to Article 50 of the Criminal Code of the Russian Federation, from the earnings of a person sentenced to correctional labor, deductions are made to the state income in the amount established by the court verdict , ranging from 5 to 20%). The penalty under executive documents is applied to the wages of citizens serving sentences in correctional institutions, including medical correctional institutions, medical and preventive institutions, as well as in pre-trial detention centers when they perform the functions of correctional institutions in relation to these citizens, minus deductions for reimbursement of expenses according to their content in the specified institutions. In Art.

Can bailiffs seize child support?

Article 315 of the Criminal Code of the Russian Federation “Failure to comply with a court sentence, court decision or other judicial act” Malicious failure by a government official, civil servant, employee of a local government body, as well as an employee of a state or municipal institution, commercial or other organization of a court sentence, court decision that has entered into legal force or other judicial act, as well as obstruction of their execution (for example: failure to withhold alimony) is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities. for a term of up to five years, or by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years.

Do bailiffs have the right to seize child support to pay off the debt?

Law, Government Decree of July 18, 1996. No. 841, alimony should be deducted from severance pay upon dismissal of an employee, and from compensation for unused vacation upon dismissal of an employee.

No alimony is deducted from compensation for the use of personal transport for business purposes, since compensation for the employee’s use of personal property does not apply to either wages or additional remuneration for work.

Withholding for alimony obligations in relation to minor children, as well as for obligations for compensation for damage in connection with the death of the breadwinner in accordance with Part 2 of Art.

Do bailiffs have the right to seize alimony payments?

When distributing each sum of money collected from the debtor, the claims of each subsequent queue are satisfied after the requirements of the previous queue are satisfied in full.

For example: the company received 3 writs of execution: a copy of the writ of execution for recovery from Mr. Petrov M.A. alimony in favor of section 99 of the Law will be 70% of wages. After taxes were withheld, the salary of Mr. Petrov M.

A. amounted to 9,000 rubles. The maximum amount of deduction 70% is RUB 6,300.

Withholding alimony from wages (memo to an accountant)

The recipient of alimony sometimes becomes a debtor for various civil obligations (for example, bank loans). Alimony payments are usually deposited into a bank account.

And it often happens that bailiffs, while collecting debt on the mother’s obligations, seize funds belonging to a minor child. Can FSSP officials carry out such measures? And what should the recipient of alimony do if the account is illegally seized? The bailiff arrested alimony: what to do? Question Good afternoon.

When can alimony be 70%?

Attention: What can you do if the bailiffs have written off money from the card to which alimony payments are received? Since the write-off was illegal, the bailiffs are obliged to return the money written off to you, that’s for sure. You can appeal any action or inaction of a bailiff in court or by filing a complaint against the bailiff in the order of subordination, that is, to a higher official, or you can also file a complaint with the prosecutor's office.

In my opinion, the most effective way to achieve justice is to sue the bailiff and appeal his actions in court and find them inconsistent with current legislation and cancel his actions through the court, thereby achieving the return of funds illegally debited from your card.

Based on paragraph 1 of Article 121 of the Law on Enforcement Proceedings, the actions or inactions of the bailiff can be appealed in court.

In these cases, the amount of deductions from wages and other income of the debtor cannot exceed 70%. (Parts 2 and 3 of Article 99 of the Law). In Art. 138 of the Labor Code of the Russian Federation states that the total amount of all deductions for each payment of wages cannot exceed 20 percent, and in cases provided for by federal laws - 50 percent of wages due to the employee.

When deducting from wages under several executive documents, the employee must retain 50% of the wage. The restrictions established by this article do not apply to deductions from wages when serving correctional labor, collecting alimony for minor children, or compensating for harm caused to the health of another person. , compensation for damage to persons who suffered damage in connection with the death of the breadwinner, and compensation for damage caused by a crime.

Can a bailiff seize alimony for debts?

Federal Law “On the Minimum Wage” dated June 19, 2000 No. 82-FZ established that the calculation of payments for civil obligations established depending on the minimum wage is made from January 1, 2001, based on the base amount, equal to 100 rubles.

The base amount has not changed since January 2001, however, the minimum wage has been increased several times. When there is a need for indexation, the amount of the minimum wage established by the court must be multiplied by 100 rubles.

The amount received increases as many times as the minimum wage has increased. Upon receipt of the writ of execution, the accountant must establish from what date and for what period alimony should be collected and, accordingly, determine how many times the coefficients have increased over the past period.

Can bailiffs deduct alimony payments?

Bailiffs know that, according to paragraph 7 of Art. 101 Federal Law 299 “On Enforcement Proceedings”, funds belonging to minor children - alimony - are not allowed to be seized and written off to pay off debt obligations (under loan agreements, utility receipts, civil contracts and agreements, court decisions and writs of execution). These actions of the bailiff - seizure and write-off of alimony - are illegal.

Important The procedure for appealing the illegal actions of the bailiff So, if the bailiff seized sums of money belonging to the child, this illegal decision of the SSP official is subject to immediate cancellation. The initiator of the cancellation of the act may be the owner of the bank account to which the sums of money are transferred - the payer or recipient of alimony.

Accordingly, the bailiff who made a decision to seize the debtor’s property does not have the right to write off the money that comes to the child as alimony from his personal card. A more complete list of all income that can be withheld forcibly can also be found in this law.

But since this question has been raised, it means that a similar situation occurs in practice.

But how can this be if the court itself agrees on the procedure for collecting alimony and in every possible way protects it from encroachment by other persons? In rare cases, a write-off based on a bailiff's order occurs by mistake, without understanding the purpose of the income portion on the card.

Obtain a copy of the arrest order - from the SSP or from a banking institution;

File a complaint about the illegal actions of the bailiff - to a higher official of the SSP;

The following documents will be attached to the complaint:

• Passport;
• Birth certificate of a minor child;
• A court decision or alimony agreement – ​​on the procedure for paying alimony;
• A certificate from a banking institution indicating the following data: purpose of payments, period and dates of payments, full name. payer, amount of money.

The SSP official is obliged to immediately cancel the illegal decision and lift the seizure of alimony.

Do Bailiffs Have the Right to Seize Child Support?

You can also, bypassing the bailiff himself, contact his superiors directly, for example, the head of a department or the head of an entire service. This measure is advisable only in case of misunderstanding between the applicant and the bailiff, or if he deliberately went for arrest, knowing that the money was targeted.

Since child support payments most often go to a bank account, it can also be seized. But, according to the law, alimony payments have a specific purpose and are aimed at meeting the needs of the child, not the adult, and therefore cannot be arrested by the bailiffs.

Can bailiffs seize child support?

Obtain a copy of the arrest order - from the SSP or from a banking institution;

File a complaint about the illegal actions of the bailiff - to a higher official of the SSP;

Attach the following documents to the complaint:

• passport;
• birth certificate of a minor child;
• a court decision or alimony agreement - on the procedure for paying alimony;
• a certificate from a banking institution indicating the following data: purpose of payments, period and dates of payments, full name. payer, amount of money.

So, if the bailiff seized sums of money belonging to the child, this illegal decision of the SSP official is subject to immediate cancellation. The initiator of the cancellation of the act may be the owner of the bank account to which the sums of money are transferred - the payer or recipient of alimony.

Can bailiffs seize child support payments?

1. The debtor's home (provided that it is the only one).
2. The plot of land on which the house stands.
3. The debtor's gas stove and refrigerator.
4. Personal items.
5. All items that are intended for the debtor to carry out work activities.
6. Property and animals that make up the defaulter’s subsidiary farm (livestock and feed for it, specialized buildings).
7. Land that is used for grazing livestock.
8. Seed stock.
9. Food and cash (within the subsistence level, based on one person in the family).
10. Property needed for cooking and heating (fuel).
11. Things necessary for a disabled person (special transport, other devices intended for this purpose).

In accordance with the norms of family law, alimony is those payments in which the child cannot personally receive and manage funds.

According to the law, the transfer of money is made by transferring funds to the account of the second parent by the payer. If convenient, alimony can be transferred by postal order, transferring the funds personally into the hands of the recipient.

Do bailiffs have the right to seize alimony?

Some are left without work, others have one, but the salary is barely enough to cover the minimum.

This situation with the resulting inability to pay one’s debts has led to the emergence of an array of cases related specifically to monetary debts.

The bailiff is also obliged to report the arrest of accounts and the debiting of funds from them, sending a copy of the resolution. This is also often not done. They forget to send a copy of the resolution or do it very late.

Do bailiffs have the right to seize child support?

Surely a parallel question arises: if bailiffs cannot seize alimony, then why is this done? Legal mistakes happen everywhere, even in situations like these. The scheme is as follows: bailiffs collect information about income that belongs to the debtor (do bailiffs have the right to do this - yes). These include:

If it is impossible to cover the amount of accumulated debt, both regular income and bank accounts are automatically seized, even those that receive child support.

However, bailiffs are not authorized to seize alimony payments. This is their main mistake, but nevertheless it happens.

Therefore, the answer to the question “Can bailiffs seize alimony?” obvious.

Can bailiffs seize child support and how to return payments from the seized account

A statement of claim is a document without which the trial will not begin. It must be drawn up in 2 copies according to the established template. The statement should indicate only dry facts related to the case, without “water” and an emotional assessment of what is happening.

We recommend reading: Child benefit 300 rubles

What to do if alimony payments are blocked? This may be the result of an error by a specific employee of the bailiff service; the freeze could have been carried out automatically, especially if the woman’s salary or scholarship came to the seized card. Let's consider what actions need to be taken to cancel the arrest.

Can bailiffs seize alimony and how to return funds from a seized account?

Of course, before applying such measures, the FSSP service must receive a court ruling and a writ of execution. What leads to such extremes is that the debtor refuses to voluntarily repay the debt.

Having collected all the listed documents and drawn up a statement of claim, you must pay the state fee and also attach a receipt for payment. In addition to everything, you must obtain and attach a copy of the order to seize the account.

The statement can indicate that all legal costs must be compensated by the other party, as well as return the amount that was written off to pay the debt. Usually the court makes a positive decision due to the fact that the arrest of alimony infringes on the needs of the child.

If you defend your rights through the court, you can get more money as compensation for the money spent. However, much more time will be spent. But sometimes you simply cannot do without going to court.

Do bailiffs have the right to seize child support?

• personal passport;
• the decision being appealed;
• children's birth certificates;
• writ of execution for the collection of alimony;
• a certificate from the bank indicating the amount of alimony transfers, to whom they are directed and on the basis of which writ of execution (preferably in the original).

Is it possible to seize alimony payments? For protective measures, an official has the right to seize funds. But in order to prevent illegal actions, FSSP employees must determine the source of income and check where the money came from and for what purposes.

They must also exclude all types of funds that cannot be claimed, including alimony.

Can bailiffs seize child support and how to appeal their decision?

There are often cases in life when quite prosperous citizens become debtors on credit, payment and other obligations.

In this case, the debtor may well end up being the recipient of alimony for a minor child(ren). Most often, such payments are made to a bank account.

And bailiffs seize and withdraw the necessary funds from an existing bank card or book.

Then everything goes like this: on the one hand, there is a court decision to collect debts from a specific person, there is a writ of execution, and an FSSP employee is obliged to initiate proceedings.

On the other hand, the only source of income is funds received in the form of amounts for the maintenance of a minor. And then the question arises: can bailiffs seize child support and impose penalties on this money?

Can bailiffs seize child support?

When funds are debited from the alimony recipient's account, there is a desire to go to the bank and demand the money back. Such an action will not lead to the desired result, since this financial institution is not to blame for anything. The bank fulfilled its obligations - the requirements of the instructions of the federal authority.

According to current legislation, if bailiffs seized alimony to repay a loan, this is regarded as illegal actions. This is stated in Article 101, paragraph 7 of the Federal Law No. 229 of the Federal Law of October 2, 2007 - the bailiff does not have the right to collect alimony transferred for the maintenance of the child to pay off the debts of his parents.

Even if there is a court decision to collect the debt, the FSS cannot take away the funds received to meet the needs of the minor.

Can a bailiff seize alimony payments?

Debt on loans, payments and fines can be collected in execution of a court decision, and this is done by the bailiff service. Despite their extensive powers, representatives of this service also have limitations that the debtor must be aware of.

In practice, situations arise when the SSP “sees” receipts to the account, the nominal holder of which is the child’s guardian. Representatives of the service are obliged (have the right) to monitor receipts to the debtor’s accounts, and they detect the receipt of funds.

It is not always the case that the nominal recipient uses a separate account or card for such receipts, and the money is displayed in the general financial flow, which leads to its forced write-off. We are not discussing the specifics of the work of bailiffs; we are interested in whether bailiffs have the right to seize child support. No, they do not have such a right.

The second question: how to avoid such situations and how to return money that has already been seized.

Nuances of arrest by bailiffs of child support

The norms of domestic legislation stipulate that alimony is a targeted source of financial income that is intended to support minor children or other disabled relatives. In addition, it is stated that such income can be spent exclusively on those for whom it is intended. Therefore, bailiffs cannot seize alimony under any conditions.

• seizure of official income at the place of employment (or the state of emergency budget will be seized if the debtor is a private entrepreneur);
• establishing the fact of the presence of cash savings in banks, which can also be seized;
• establishing a list of personal financial accounts into which funds come from various additional sources, which are subsequently also seized.

Do bailiffs have the right to withdraw alimony money?

But the account does not indicate what funds are being credited to it, because there is a certain list of income defined by law, which bailiffs cannot collect during enforcement proceedings, but it turns out that bailiffs indiscriminately withdraw money from cards, without even delving into the details and purpose of these accounts.

You need to prepare and submit an administrative claim to challenge the action of the bailiff; such an application is submitted to the court of general jurisdiction at the location of the FSSP body in which the bailiff is conducting your enforcement proceedings.

Do bailiffs have the right to seize child support?

• income received on the basis of compensation for harm caused to the health of the recipient;
• funds received from the state budget in the event of the loss of a breadwinner by the debtor's family;
• compensation funds paid to citizens regarding injuries or injuries they received in the performance of official duties;
• payments as compensation to victims of radiation and man-made disasters;
• funds allocated by the state on the basis of caring for disabled citizens;
• monthly compensation payments transferred to citizens on the basis of orders of federal legislation;
• alimony or other payments that are transferred for the maintenance of a minor child;
• compensation established by labor legislation.

The application is drawn up in free form, but must contain personal information about the applicant, the person in whose name the document is drawn up, as well as data on the law violated and the circumstances of the arrest of the child’s child support account.

Can a bailiff seize alimony for debts?

After reviewing the application, the court recognizes your complaint and obliges you to remove the seizure from the account, as well as return the written-off amount. To avoid any doubts when considering the case, describe the situation correctly and in detail, as well as the reason for the appeal. This will help avoid a protracted process of making a positive decision.

If the voluntary agreement does not contain details, then you can make a bank account statement indicating the purpose of payment. Typically, the payer always indicates that this is alimony for a certain period.

If it is not possible to prove the targeted receipt of funds based on the voluntary payment of alimony by the second parent, then you will have to go to court to conduct a trial.

Seizure of child support: legal aspects of the issue

If the account where alimony payments are received (social account) is seized, such actions by officials are recognized as illegal. And the alimony provider himself, in turn, can appeal this decision. To do this, he must go either to court or to the higher management of the bailiff who seized the alimony.

Having chosen the second option, the debtor needs to write a justified complaint to the senior bailiff or higher authorities, indicating all the significant circumstances of the case. You can leave this document at the office or send it by mail. It is better if the debtor has a copy of the complaint in his hands with a note indicating its actual acceptance. The text of the complaint must include the following information: