If the child's father does not pay child support, what to do - where to go if the ex-husband does not pay child support according to the writ of execution

Debt and non-payment of alimony

03.12.2017

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In Russia, 65% of families break up. These are the statistics. If you are left with a minor child, but do not receive financial assistance from his father, we will tell you where to go.

Non-payment of alimony is a widespread phenomenon. And even bailiffs cannot always force a negligent parent to fulfill his civic duty. During enforcement proceedings, it is suddenly discovered that the parent who left the family does not own any valuable property. The apartment belongs to dad, the car belongs to mom, and he himself earns no more than 7,300 rubles a month (minimum wage).

The main condition for successful collection of alimony payments is impeccable legal literacy. Any violation of the law will be used by the debtor to his advantage. In other words, you need to rely solely on existing bills.

And the main one (RF IC) obliges parents to take care of their minor children, including financially. However, fathers who left their family are trying with all their might to evade responsibility - they get jobs with unofficial salaries or are even listed as unemployed.

One option is to collect fixed alimony payments. Your task is to prepare receipts from stores, housing departments, schools, sections, i.e. document your expenses for the child. In 97% of cases, the court decision will be made in favor of the alimony recipient.

Typically, your ex-spouse will be responsible for paying 50% of the expenses you incur.

 But there are often cases when a formidable paper with an order to repay the debt is lost in the depths of the accounting department, secretariat, or ignored by the employer. In such a situation, request an inspection of the organization (accounting) by the bailiffs regarding the transfer of alimony.

To do this, you need to make a corresponding request (by registered mail) to the FSSP office located in the area where your ex-spouse works.

All these measures apply when the whereabouts of the ex-spouse are known. A more complicated option is that the father does not pay child support, and the bailiffs cannot collect it, because... they don't know where he is.

Of course, they will take the necessary actions to find it (and more often they will imitate its visibility), but without your participation the result will be zero.

Therefore, we recommend that you familiarize yourself with the options for searching for a debtor yourself.

So, the child's father disappeared in an unknown direction. In this case, the bailiff conducting the proceedings puts him on the wanted list - the corresponding paper is sent to law enforcement agencies. In addition, the law does not prohibit conducting independent searches.

To do this, you need to contact the FSSP again and get a certificate from them with a debt calculation (calculated based on the average salary in the region). Moreover, you can look not for the alimony provider himself, but for the property that belongs to him.

You can find it in several ways:

• You have information that the debtor has opened an individual entrepreneur or LLC. Their address or details can be found at the tax office.
• The defaulter owns real estate (garage, dacha, land, etc.). You can clarify this data by contacting the registration or cadastral chamber.
• According to your information, the ex-husband owns a car. You can check the details at the traffic police department.

In addition, mutual friends, acquaintances, and relatives can tell you where your ex-husband is “lost.” If one of the options makes it possible to establish the location of the defaulter or his property, the first thing to do is notify the FSSP.

After all, you cannot take away the debtor’s belongings, his real estate, or transport without involving officials. Having found the alimony provider’s property, make a claim that you are claiming it in whole or in part. And at the same time declare that the property and the car should be seized.

Otherwise, the debtor may sell all the property and disappear again.

Searching for a debtor often takes a long time. For this period, you can apply for an increased benefit at the territorial social protection office.

In the future, the expenses incurred by the state are reimbursed by the ex-husband.

By the way, when neither the police nor the bailiffs can find the debtor, this is grounds for declaring him missing.

To do this, you need to go to court with the same certificate of unsuccessful search. If the request is granted, apply for a pension for the loss of one breadwinner.

According to current legislation, only bailiffs are involved in collecting alimony payments. But there is a nuance - if the claimant himself is not interested in the progress of the case, then they will not work at full capacity.

There are often cases when, if the recipient fails to act, officials also fail to act.

Therefore, if you have doubts about the competence of an FSSP employee, you can send a protest to higher authorities: the senior bailiff, the bailiff inquiry service and even the prosecutor’s office.

It is better to write complaints to all three authorities at once. We recommend sending registered letters - notifications in which the recipient signs, allows you to record the fact of delivery of the document.

FSSP employees are given 30 days to fulfill your demands. If they continue to fail to act, write a complaint to their immediate superiors, and send a copy to a higher authority.

By the way, in addition to the alimony itself, you are paid interest for non-payment and are compensated for the money spent on a lawyer (if you contacted one).

The penalty is calculated daily in the amount of 0.5% of the total debt - Art. 115 RF IC.

As you can see, forcibly receiving alimony payments even under a writ of execution is not an easy task. The best option remains the voluntary payment of child support by the second parent. The concluded agreement will save time - you won’t have to go to the courts and collect documents and money, you won’t need the services of lawyers, and this will save your nerve cells.

The bailiff service is required to tell the debtor what the consequences of failure to pay alimony will be, at least twice. But, perhaps, going to court and the FSSP can be avoided if you are convincing and are able to explain to your ex-spouse that if he refuses to pay alimony, he faces:

• ban on traveling outside the country;
• deprivation of the right to drive a car;
• imposing a fine of 100 minimum wages (if the bailiffs discover concealment of income).

These are administrative measures. However, when the debtor does not pay alimony for more than four months, more serious sanctions may be applied - criminal liability.

In addition to long-term non-payment of salary, the basis for the attack may be concealment of income and evasion of meetings with bailiffs.
Depending on the circumstances of the ex-spouse’s case, in accordance with Art. 157 of the Criminal Code of the Russian Federation, they can punish:

• Forced labor for up to 12 months.
• Community service (terms from 20 to 180 hours).
• Imprisonment (arrest) for up to three months.
• Serving a sentence in a correctional institution for a period of 1 to 3 years.

In addition, such a parent can (and sometimes needs to) be deprived of parental rights. But this measure is educational in nature and rarely forces the child support provider to pay the money due to his child. As practice shows, the most effective measure of influence remains the threat of criminal punishment.

What to do if the child’s father, ex-husband, alimony provider does not pay child support

Home » Alimony » What to do if the child’s father, ex-husband, or alimony provider does not pay alimony

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Keeping a child is an expensive pleasure: food, toys, clothes from which he constantly outgrows, all kinds of educational clubs, and even just a significant increase in utility bills. All this requires money.

It is not always possible for one parent to raise a child, and child support from the other parent somehow saves the situation. If alimony payments stop, everything suddenly gets even worse.

What to do in such a situation, where to turn and how to behave? Let's look at it in this article.

Reasons for non-payment

The first step is to identify the reasons why payments stopped, as this will help determine further actions. To do this, you should talk with the defaulter personally or collect information from other sources (mutual friends or acquaintances). There are two main categories of reasons: those dependent and independent of the payer.

Payer dependent

If the payer simply does not want to pay alimony, this is a direct violation of the law, which will ultimately lead to the fact that he will still pay everything due, as well as an additional penalty and maybe even a fine.

It should be noted that this item also includes financial problems. Even if a person does not work, he is still obliged to pay alimony in full.

If the situation is too complicated and financial problems really deserve attention, then the payer can try to contact the recipient of alimony, discuss the situation and promise after some time (it is advisable to indicate it precisely) to compensate for the entire debt and continue payments as usual. But if he hides, does not make contact, or even directly states that he is no longer going to pay, then this is a direct violation.

Payer independent

It is a completely different matter if alimony is not paid for reasons that do not depend in any way on the payer. There can be many options here:

• A serious illness that forces you to spend all your money on treatment. This is a valid reason not to pay alimony for some time (but this fact must be documented).
• Financial problems arising from the need to support a new family. Especially if there is another child present. As a rule, in such a situation, alimony is still not canceled, but it can be reduced somewhat.
• Any problems that are related to the transfer of funds to the recipient of alimony and are not related to the payer.

Example: The payer can submit an application for the transfer of funds to the accounting department and support it with an agreement of the parties or a court order.

For his part, the father did everything that depended on him. However, if the accounting department for some reason does not transfer the money (forgot, lost the document, etc.)

) then it is clearly not the payer’s fault and he will not be held responsible for such “non-payment”.

It is not only possible to force people to pay alimony, but also necessary. However, here too much depends on how they were paid before. Or rather, on what basis. There are two main options: by agreement of the parties or by court order.

Going to court

An agreement between the parties, which is signed by the ex-husband and wife, is, on the one hand, a much more reliable document than a court order, since both parties take such a step consciously, but on the other hand, if problems arise, it becomes more difficult to “knock out” alimony .

Procedure

1. Try to come to an amicable agreement with the other party. You should always start with this, even if there is no chance of success in such negotiations, this point can always be clarified in court, which will be credited to the plaintiff.

2. Draw up a statement of claim that the defendant does not comply with the terms of the agreement - does not pay alimony.
3. Submit an application to the court.
4. Wait for the meeting date.
5. Be present at the consideration of the issue or send your representative.

   There is no need to chase the defendant, this is not the plaintiff’s problem.

6. Receive a court decision.
7. Wait until the court decision comes into force (usually this is given 1 month, during which the defendant has the right to appeal).

8. After the decision comes into force, contact the bailiffs (see below for more information).

Where to contact

Cases of this type, regardless of the cost of the issue, are considered exclusively by the magistrate’s court at the place of residence of the defendant or plaintiff (depending on where it is more convenient to apply).

Statement

Download a sample statement of claim for the collection of alimony from the debtor

Documentation

The following must be attached to the claim:

• A copy of the plaintiff’s passport and, if available, a copy of the defendant’s passport.
• Birth certificate of the child for whom child support was paid.
• An agreement previously entered into between the parties.
• Evidence that the alimony payer was late without a good reason.

Expenses

Claims related to alimony are filed in court free of charge. There is no need to pay state duty. The exception is situations when, in addition to alimony, the plaintiff puts forward other demands.

Example: If the plaintiff, in addition to the requirement to compensate for arrears of alimony, makes a demand to deprive the ex-husband or wife of parental rights, he will be forced to pay a state fee, but only to the extent associated with additional requirements.

If the defendant nevertheless decides to reach an agreement and not bring the matter to a court decision, he can offer to enter into a settlement agreement.

This will be another agreement in which the alimony provider undertakes to compensate for the entire debt and continue payments in the previously established amount.

The signing of such a document should be approached very carefully, since if the parties do not violate the terms of the agreement, it will be extremely difficult to challenge it.

Another option that is also available to the defendant is to file a counterclaim. In this document, the debtor explains that the debt arose through no fault of his own and provides relevant evidence. This option may be relevant if the plaintiff did not find out the reasons for non-payment and immediately went to court.

Example: The plaintiff goes to court with a demand to collect arrears of alimony, which, from his point of view, arose without good reason.

The defendant, in turn, files a counterclaim in which he demands to cancel the debt due to the fact that he was physically unable to pay the due amounts due to the fact that he was in a coma after the accident.

If the defendant provides convincing evidence (for example, medical documents), the court will side with him.

After receiving a court decision, or if alimony was initially calculated by court order/decision, the plaintiff can contact the bailiffs with a demand for forced collection of the debt from the defaulter. Please note that in this case no additional statements are required. Moreover, formally, the court itself must transmit the order to the bailiffs, but it is faster to do this on its own.

Procedure

1. Receive a court decision in your hands.
2. Contact the territorial structural unit of the bailiff service.
3. Give them the judgment.

As a rule, after this the bailiffs begin to carry out actions aimed at forcibly collecting the debt.

If the bailiffs do not work as they should (too slowly or ineffectively), you can ask them to explain the situation and why the money has not yet been collected. If, even in such a situation, nothing happens, you can contact the Service’s management indirectly with a demand to punish negligent employees.

How to force your ex-husband, father, or alimony provider to pay alimony

The general principles of how exactly the debtor will be forced to pay alimony are always the same, however, depending on the situation in which the alimony provider finds himself, they can differ quite seriously.

If the child's father does not work anywhere

If the father does not officially work, this does not mean that he does not have to pay child support. However, it is precisely this situation that is the most problematic, especially if he has no property that could be seized and sold.

Formally, he does not hide and is always ready to come to see the bailiffs, but in fact he does not pay alimony and does not intend to do so, citing the fact that he has no money. In such a situation, you can wait a very long time for alimony.

Ultimately, if payments are still not renewed, the bailiffs can open a case against the defaulter (even criminal) and send him to forced labor. Earnings from them will be used to pay off the debt. The amount is unlikely to be large, but it is the best that can be achieved.

Example: The debtor does not officially work, it is impossible to determine his real source of income, he makes contact, but declares that he has no money. At the same time, he is not a member of the employment service and does not even intend to look for work. If he still does not resume payments, the bailiffs will begin to tighten the punishment, up to and including placing the persistent defaulter in prison.

In such a situation, the bailiffs simply contact the company where the alimony worker works and demand transfers of funds in full, including repayment of debt incurred during non-payment.

In such a situation, the accounting department will be forced to direct part of the funds immediately towards the payment of alimony, and not towards the debtor’s wages.

Example: The debtor receives 20 thousand rubles per month of official salary, but does not transfer alimony from this money for his one child (25% of the amount). The result is severe debt. The bailiffs turn to the company management. From this moment (usually from the next month), wages will be divided into 2 parts: direct payment for labor to the employee’s card and alimony. Depending on the debt, the percentage of alimony transfers can reach 70%. In this case, 14 thousand will be used to pay off the debt and regular payment of alimony, and 6 thousand will go to wages.

If the husband does not pay according to the writ of execution

How to force a person to pay alimony if he even ignores the writ of execution. In such a situation, the only way out is to file an application to the Bailiff Service to initiate a criminal case. Such malicious non-payment can result in both forced labor and imprisonment.

Download a sample application for holding the defaulter liable

Consequences of late payment of alimony

If a person refuses to pay alimony without a good reason, then he will be punished one way or another. All punishment options are divided into three main categories: civil, administrative and criminal.

Civil responsibility

Civil liability consists of a penalty, which in the amount of 0.5% is charged on the amount of debt for each day of delay. It works out to about 15% per month. If there have been no payments for a long time, the amount of such a penalty can reach a very serious scale.

Administrative responsibility

Administrative liability refers to additional fines for non-payment (in addition to penalties), seizure of accounts, deprivation of a driver’s license and restrictions on certain types of government services (in particular, the issuance of a foreign passport).

Criminal liability

Types of criminal penalties: imprisonment, arrest, forced or correctional labor. There are no specific definitions for which debts what measures are applied (with the exception of deprivation of a driver’s license, which can only be implemented if the amount of debt is more than 10 thousand rubles). In each individual case, consideration is carried out on an individual basis.

Despite the fact that if alimony is not paid, the debtor must be punished by law, in fact it can be quite difficult to achieve the desired result. Our experienced lawyers can help you solve this problem with a free consultation. They are ready to draw up all the necessary documents and represent the client’s interests in court.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Where to go if your ex-husband does not pay child support

Before you find out what to do if your ex-husband does not pay alimony, you need to take into account that the Family Code of the Russian Federation obliges parents to provide financial support to their minor and adult disabled children. Alimony is provided as a share of earnings or in a fixed amount of money according to a court decision.

An agreement to collect alimony or court decisions (orders) are binding on the debtor. If you refuse to pay, the amounts may be forcibly collected by the bailiff.

The court's decision to collect alimony does not mean that it will be immediately paid according to the specified details. Debtors do not always fulfill financial obligations to their children. The payer's lack of work or other permanent (temporary) income is not considered grounds for exemption from paying alimony.

If the child’s father is not officially employed anywhere and alimony is awarded as a share of the payer’s wages or other income, then the bailiff or the debt collector himself has the right to calculate the monthly debt based on the average wage in Russia or in a specific region (if such a statistical indicator exists ). The official statistical indicator of the average salary in the country is about 30 thousand rubles, which in practice does not always correspond to the real income of the population.

Alimony can also be recovered from a disabled ex-spouse for the period of her pregnancy and until the child turns 3 years old.

Demands for payment may be made when spouses divorce through the court.

When assigning the amount of financial support to a child and a former spouse, the financial situation of the parties and other significant circumstances are taken into account: the income of the spouses, the presence of valuable property, etc.

If your ex-spouse does not pay alimony, you should:

• try to reach an agreement out of court - non-payment of alimony may be due to the personal hostility of the spouses, a biased attitude towards their responsibilities, or grievances;
• contact the bailiff with an application to initiate enforcement proceedings (if they were not previously initiated or were terminated). To do this, you will need to present a writ of execution for execution, even if the proceedings were completed due to the debtor’s lack or absence of valuable property and money on bank cards (accounts);
• assist enforcement proceedings. The collection of alimony is handled by a separate bailiff, who is often overloaded with cases. You should constantly remind yourself, take an interest in the progress of enforcement proceedings, and monitor the calculation of debt. Situations are possible when bailiffs transfer an enforcement case within their jurisdiction to another region and forget to warn the claimant about this and do not respond to written or electronic requests and statements.

The ex-wife also has the right to write a statement to bring the debtor to administrative and criminal liability for failure to pay alimony.

The bailiff, having information about the place of residence or location of the debtor, can detain him and deliver him to the district department of the FSP, draw up a protocol and familiarize the citizen with the document against signature. The decision on punishment is made by the court, where the bailiff transfers documents evidencing the offense.

Systematic failure to pay alimony is fraught with criminal liability for the debtor. It may occur if a citizen, subjected to administrative punishment for a year, continues to fail to pay alimony.

For evading the obligation to pay alimony, the former spouse faces:

• correctional or forced labor for up to one year;
• arrest up to three months;
• prison term up to 1 year.

An application for criminal prosecution can be submitted to the bailiff by the claimant himself or the procedure is possible on the initiative of an official. Failure to pay alimony must be due to unjustifiable reasons.

If there are good reasons - non-payment of wages to the debtor, serious illness (the specific situation is taken into account), a citizen may be released from criminal liability.

Bringing the debtor to administrative or criminal liability does not relieve him of the obligation to pay alimony, including the accumulated penalty. Its size is 0.1% of the debt for each day of delay. The penalty is calculated monthly and can be reduced by the court taking into account the financial situation of the debtor.

Coercive measures

During enforcement proceedings, the claimant, if the ex-husband fails to pay alimony, has the right to initiate a restriction of his special right - to drive a car or other vehicle. This is possible if there is arrears of alimony and (or) penalties of at least 10 thousand rubles.

The debtor may also be restricted from traveling abroad. A bailiff may visit the payer's address, followed by an inventory and seizure of property, which can be seized to pay the debt.

Systematic failure to pay child support and inattention to him serve as grounds for depriving the ex-husband of parental rights. To do this, you must first contact the guardianship authorities at the minor’s place of residence. The position of the guardianship authority and the prosecutor, whose participation in such cases is mandatory, will become the basis for depriving the ex-spouse of the right to personally raise the child, which does not relieve him of the obligation to pay alimony. The statement of claim should be filed in the district court at the location of the defendant.

It will be necessary to dwell in detail on the grounds on which it is possible to prohibit the ex-husband from seeing the child and participating in his personal upbringing. During the trial, an investigation is carried out into the circumstances of the child’s life and the living conditions of both parents.

The evidence base is:

• certificates from state and municipal social institutions stating that the father is not raising the child. In practice, certificates are studied in conjunction with other evidence, since the absence of a former spouse in a kindergarten, clinic or at a parent-teacher meeting at school may be caused by objective reasons - being busy at work, etc.;
• conclusion of the guardianship authority;
• witness statements.

The court, taking into account all the circumstances of the case, may limit the parent’s rights with a subsequent warning.

If the situation does not improve within six months and the debtor does not begin to pay child support or take an interest in the child’s life, then upon repeated application the court will deprive the father of parental rights.

If the bailiffs are inactive, then a complaint can be filed against him according to his jurisdiction - the chief bailiff of the region or at the federal level.

Obvious offenses on the part of officials, for example, the deliberate removal of certain documents from the enforcement file, should be appealed through administrative proceedings. The possibility of contacting law enforcement agencies, including the prosecutor's office, is not excluded. It is advisable to seek a way out of a controversial and conflict situation with the help of a competent lawyer.

Last changes

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

Still have questions? Describe your problem and we will help you solve it!

If the child's father does not pay child support, what to do - where to go if the ex-husband does not pay child support according to the writ of execution

Home / Alimony / Where to go if your ex-husband does not pay alimony

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Many women after a divorce have a problem - how to get the father to pay child support? Men often forget about their responsibilities to their children. It is good that the legislation provides many ways to remind them of them.

By the way, you can demand alimony payments not only after a divorce, but also during your stay in a legal marriage. And also – outside of legal marriage.

The so-called “common-law wife” can collect alimony from her husband if the fruit of their love is a common child. To do this, it is necessary to make an entry about the father in the child’s birth certificate or prove his paternity through the court.

You can read more about this in the article “How to collect alimony from a common-law husband?”

And in this article we will look at what to do if the child’s father does not pay child support.

Find out the reasons for non-payment of alimony

Of course, in order to decide which way to go, a woman should understand the reason for non-payment.

It’s one thing if the ex-husband wants, but at the moment cannot pay alimony. Everyone has a “dark streak” in life: illness, dismissal from work, housing problems, etc.

In this case, it is advisable to peacefully negotiate with him to find out the reasons for non-payment and try to explain how his financial support is needed for the common child.

It will be useful to tell him what exactly the money is needed for, for example:

• for health improvement;
• better nutrition;
• to visit the pool;
• to participate in sports dance competitions.

Maybe in a few months the father will be able to improve his life, solve financial problems and voluntarily pay off the arrears of child support.

If the husband does not pay alimony due to revenge, irresponsibility or selfishness, heart-to-heart conversations with a person who is used to caring exclusively about himself is unlikely to help defend his legal rights and achieve payments. Then more drastic measures will have to be taken.

Try to negotiate a voluntary payment of alimony

In cases where the father is aware of his responsibility for the material well-being of the children and agrees to bear it, an agreement can be reached with him. The easiest and most reliable way is to enter into an alimony agreement. The document, drawn up by the parents and certified by a notary, will specify all issues related to child support:

• size;
• method of accrual and transfer of money;
• deadlines;
• grounds for termination of payments, etc.

And you don’t have to worry that the alimony agreement will not be fulfilled. Since it is equivalent to a writ of execution, in case of non-payment with this document you can contact the bailiff for forced execution.

Yes, it can be difficult to negotiate an agreement with your father, seek help from a lawyer and visit a notary, reach an agreement and set out mutual obligations in detail in writing. But there is a chance to get the father to voluntarily fulfill child support.

It is much more difficult to collect documents and file a claim in court, attend meetings and sort things out, demand legal payments and be content with a percentage of a meager official salary, and only if the bailiffs work conscientiously. Although, some women have no choice but to go to court.

Go to court

To find out which court to go to, read the article “How and where to apply for alimony after a divorce?” For information about what documents need to be prepared to go to court, read the article “Documents for collecting alimony”

The current legislation provides for two options for judicial proceedings:

1. simplified (mandatory);
2. ordinary (claim) - by filing a statement of claim in court.

Order and claim proceedings

Simplified (mandatory) proceedings provide for the court to consider the application and case materials by a single judge, without summoning the parties to the court hearing. This procedure is possible if the place of work and the amount of income of the child’s father is known.

Based on the results of consideration of the mother's application, a court order is issued to collect alimony. Compared to lawsuit proceedings, which involve summoning the plaintiff and defendant to a meeting to clarify the circumstances, the case is considered much faster.

Legal proceedings are resorted to in the following cases:

• you need to determine the method for calculating alimony (we’ll talk about this below);
• and also if there is a need to collect arrears of alimony.

If you have to go to court with a claim, it is worth enlisting the support of a professional lawyer who will help you quickly prepare all the necessary documents and undertake representation in court.

Methods for calculating alimony

When going to court, it is advisable to think in advance about the methods of calculating alimony:

• as a share of income;
• in a fixed amount;
• or in mixed form.

In practice, the most common method of calculating alimony is as a share of the ex-husband’s income:

1. 25% of income - one child;
2. 33% - two children;
3. 50% - for three children or more.

If his earnings are irregular, if he does not work officially, the court may determine monthly payments in a fixed amount of money, or choose a mixed payment system.

In each specific case, the judge decides on the amount of alimony based on the circumstances of the case:

• material opportunities;
• marital status of the father and mother of the children;
• children's needs.

The total amount of alimony payments can reach 70% of the father’s income (the extreme threshold), but most often up to 50% of the income.

What to do if the child's father continues to not pay child support

Many mothers think that after concluding an agreement or making a court decision to pay alimony, the husband will finally start paying money. But sometimes everything remains the same - he does not fulfill his obligations. What to do?

You can contact the bailiff service after:

• execution of a notarized agreement;
• receiving a court order;
• making a court decision to collect alimony and issuing a writ of execution...

Each of these documents is the basis for opening enforcement proceedings.

The easiest way to collect alimony is if the payer is officially employed. In this case, deductions from wages are made by the company’s accounting department, and the mother of the children receives the amount due monthly. You can read more about this in the article “Salary alimony.”

But even if the husband is not officially employed, alimony can be obtained. How? Read the article “Alimony from the unemployed.”

If untimely or incomplete payment of alimony occurs due to the bailiff’s failure to fulfill his duties, his inaction can be appealed to the senior bailiff or prosecutor by writing a corresponding statement.

Legal assistance

Evasion of paying child support affects the financial capabilities of the mother and child. Even temporary seizure of property does not stop willful defaulters.

However, an irresponsible father may not have valuable property, but he may have several children from different marriages. Attracting such debtors is an extremely difficult process. A fragile woman is unable to influence the payer.

Sometimes the actions of the bailiffs are not enough. How to be? Contact a lawyer!

Free legal advice will help you understand a complex situation. If you observe infringement of the child’s rights, the father’s reluctance to pay child support, which is reinforced by the inaction of the bailiffs, you need advice.

Lawyers know how to attract defaulters to fulfill their obligations. A lawyer will help you draw up documents, provide judicial practice and find leverage against alimony evaders. You need to act decisively and not put off the issue for later.

That is why we invite you to take advantage of our help right now!

What to do if your ex-husband does not pay alimony, how to force him to pay alimony if he does not officially work

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Parents' alimony obligations are established by the Family Code of the Russian Federation, regardless of whether the parent lives with the child or not.

The obligation to support their children is assigned both to married parents and to them - but after a divorce.

But what to do if the ex-husband (namely, the man most often leaves the family, leaving the mother with the child) does not pay alimony and does not plan to do so in the foreseeable future?

Mother's rights in case of non-payment of alimony by husband

If alimony is not paid, the recipient has the right to:

• collect alimony through the court if the ex-husband does not want to pay alimony on his own
• apply to the bailiff to initiate or resume enforcement proceedings and request that specific measures of influence be applied to the debtor;
• hand over the agreement to the bailiffs if it was notarized, and if the husband refused to fulfill it voluntarily to collect the debt;
• go to court to collect a penalty;
• try to sign a child support agreement;
• bring the applicant to administrative and then criminal liability;
• initiate legal proceedings to deprive the debtor parent of the right to communicate and raise the child.

The basis for paying alimony is a court order or decision that is binding on the debtor. The writ of execution is sent to the father’s place of employment or handed over to him personally - if the citizen is engaged in self-employment and agrees to voluntarily pay alimony without waiting for coercive measures within the framework of enforcement proceedings.

Note: A notarized agreement on the payment of alimony is also equivalent to a writ of execution, which serves as an unconditional basis for the collection of funds for the maintenance of a child in a forced manner.

How to force your ex-husband, father, or alimony provider to pay alimony?

It is necessary to try to resolve the conflict through agreement. Even the presence of a court decision, agreement, as well as deprivation of parental rights from the father does not guarantee that alimony will begin to flow to the child’s mother.

Bailiffs have the right to return a writ of execution if the debtor lacks property and funds, in the event that all methods of influencing him have been exhausted. This does not prevent the writ of execution from being presented again in the future.

Through the court

If alimony has not been awarded, you will need to file a claim with the court or apply for a court order. In the first case, you should act when the collection of alimony is necessary in a fixed amount of money or in a fraction of the payer’s income and a fixed amount.

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To collect alimony as a share of earnings, it is enough to file an application for a court order. The likelihood of a decision being made in favor of the applicant (plaintiff) is almost absolute, since the obligation to satisfy claims for alimony is outlined in Resolution of the Plenum of the Armed Forces of the Russian Federation No. 56 of December 26, 2017.

Through agreement

An alimony agreement can be signed at the stage of divorce and even during marriage. It must provide for specific amounts that are transferred to the child monthly or at another time. Expensive property can also be provided as alimony security.

IMPORTANT: The level of material support under the agreement should not be less than what the recipient of alimony would have acquired under a court decision or order.

The alimony agreement must be certified by a notary. All changes and additions to it can also be made by a notary. If the terms of the alimony agreement violate the rights of the child, then the mother has the right to seek its cancellation in court. The agreement takes the form of an executive document and can be presented to the bailiffs directly.

If the child's father does not work anywhere

The father’s lack of permanent income does not relieve him of the obligation to pay alimony and also entails the possibility of collecting a penalty.

If alimony was established based on a share of wages, then the amount of debt will be calculated based on the average wage in the region, which is usually 20-30 thousand rubles.

The property of an unemployed person may also be subject to foreclosure.

Note: If the ex-husband is not officially working at the time of filing the claim, then it is better to collect alimony from him in a fixed amount. If he stopped working after the collection, then it is best to replace the collection with alimony in a fixed amount by going to court.

Attention: A parent’s retirement age, incapacity for work, and the presence of a disability also do not exempt them from the obligation to pay alimony. Then the writ of execution is sent to the Pension Fund, and alimony will be withheld from the pension. If there is debt, the amount of deductions can also reach up to 70% of the pension or salary.

If the alimony worker is officially employed

You should contact him at his place of work. The writ of execution must be sent by the bailiff or the debtor himself (if the amount of debt does not exceed 25 thousand rubles).

The employer is required to withhold alimony, calculating it after deducting all taxes. If the father’s earnings are insufficient or inconsistent, you can file for alimony and demand payment in a fixed amount.

Then, in addition to wages, alimony can be withheld from other income, including from the debtor’s property.

For example, a father earns 30 thousand rubles a month from his main place of work and 10 thousand rubles from renting out a plot of land. He will have to pay at least 10 thousand rubles for one child. Alimony must be indexed by the employer as the cost of living per child increases.

If the husband does not pay according to the writ of execution

If there is a court decision or order, you should contact the bailiffs with an application to initiate enforcement proceedings. The application is drawn up according to the rules of Art. 30 Federal Law No. 229 “On Enforcement Proceedings”. The application must be signed by the recipient of the alimony or his legal representative.

Note: The representative must present a notarized power of attorney or other document confirming his authority, for example, a certificate of the guardian of a minor alimony claimant (if the mother is under 18 years of age or she is declared incompetent).

The application can indicate a request to seize the debtor’s property, at the expense of which the requirements for alimony payments can be fulfilled, as well as restrictions, including:

• temporary ban on leaving the territory of the Russian Federation - if the father refuses to pay child support for two months;
• restriction on the use of a special right - restriction on the use of a driver’s license;
• enforcement measures (including seizure of property, foreclosure of funds that the debtor has in a bank account or deposit);

The minimum amount of debt must be at least 10 thousand rubles and this amount also includes a penalty. According to Part 2 of Art. 115 of the RF IC, its amount is ½% of the amount of unpaid alimony for each day of delay.

Nuances of debt collection under a writ of execution

• If the debtor is found to have property or funds, the bailiff will seize them. When funds in accounts are seized, money will be forcibly debited from all seized bank accounts and cards. The amount of monthly write-offs is a maximum of 70% of the debtor’s regular earnings (for example, salary).
• If, for example, a bailiff found money on the debtor’s card at the time of the debt, then all the money in the account can be written off against the debt, and only then will up to 70% of the borrower’s salary or other income be withheld.
• If a citizen applies for a penalty to the court, it should be calculated separately for each month. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 56 provides for the need to comply with the limitation period, which applies to each month of calculation.

The limitation period applies to each month of delay. At the request of the debtor, the penalty can be reduced by the court and recalculated again, especially if it is much more than the principal amount of the debt. When reducing the amount, the court takes into account the financial situation of the debtor, the presence of other minor children and disabled parents supported by him.

Note: If the bailiffs do not work, you can appeal their inaction to the district court at the location of the FSSP department. Also, if alimony is not paid due to improper work of the bailiffs, you can send a request to the prosecutor's office to evaluate their activities.

Administrative and criminal liability

Administrative liability may follow as part of enforcement proceedings, including at the request of the claimant. If the father does not pay alimony within two months after the resumption of enforcement proceedings, then he faces compulsory labor for up to 150 hours or an administrative address for 10-15 days or an administrative fine of 20 thousand rubles.

If a citizen was brought to justice under Art. 5.35.

1 of the Code of Administrative Offenses of the Russian Federation, but still does not pay alimony, then, on the initiative of the bailiff and the debt collector, he may be brought to criminal liability under the Criminal Code of the Russian Federation - Art.

Read more about liability for malicious evasion of alimony payments here.

Deprivation of parental rights

Malicious evasion of payment of alimony is also considered grounds for depriving a father of parental rights, which is directly provided for by the RF IC.

First, the mother collects certificates from educational and medical institutions stating that the father is not raising the child.

The decisive role is played by the conclusion of the guardianship authority, as well as the position of the prosecutor, whose participation in such cases is mandatory. For the first time, the father can be forgiven and given a chance to improve.

If the father’s attitude towards the child has not changed, and he still refuses to fulfill his alimony obligations and take care of the child, then after six months the mother again has the right to go to court with a similar claim.

Then the court makes a decision in favor of the plaintiff.

Note: Deprivation of parental rights does not relieve you from the obligation to pay child support and support your child. Alimony claims may be submitted together with a claim for deprivation of parental rights. Child support obligations are lifted only after the child is adopted by the new parent, if this does happen.

There is no total amount of debt for which such claims can be filed in the district court. Parental rights can be deprived if there is a debt of 90 thousand rubles, which is not repaid for a year, and if there is 800 thousand rubles. in a few months. The father's criminal record, his imprisonment, and his absence from the court hearing will not be in his favor.

Need a lawyer

It is recommended not to aggravate the conflict between the child’s parents, but to try to reach a peaceful agreement. In controversial situations, it is highly desirable to have the support of an experienced lawyer who, at a minimum, will give the necessary advice and direct the energy of arguing spouses in the right direction.

A hired lawyer acts as a kind of peacemaker, able to convince the parties to make reasonable concessions to each other. They are necessary in order to take care of the child and not involve him in a possible discord between the parents.

They will give recommendations on tactics for further protection, tell you where to go in case of non-payment and indicate possible ways to solve the problem.

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

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

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