Statement of claim for the recovery of alimony penalties (sample) 2023

Alimony is awarded to one of the parents who does not live with the child after the divorce. He must make monthly payments in the amount determined by the court decision.

However, not all payers fulfill their own obligations. At the same time, there are options for either completely ignoring the payment of the debt or delaying payments.

If the deadlines for depositing funds are violated, a penalty may be imposed. The defendant may try his best to reduce its size. Accordingly, the plaintiff wishes to receive payment of the fine in full. It is important to know how to draw up a statement of claim for the recovery of alimony penalties, which allows you to fully return the money owed.

Reasons for payments

A penalty is a fine that is assessed if the alimony payer fails to comply with payment deadlines. It takes place only if the plaintiff proves the defendant’s guilt in matters of lack of payments. Therefore, he must file a statement of claim for the recovery of alimony penalties.

The defendant has the right not to prove the absence of his guilt. He should note that there is no evidence of illegality of his actions yet. However, the best option for him would be to confirm his own innocence in order to reduce the amount or eliminate the accrual of a penalty.

The penalty is imposed only on the basis of the Civil Code of the Russian Federation (Article 330), as well as the Family Code of the Russian Federation (p. 115). It can be recovered by decision of a judicial authority. Sometimes payments are not made through no fault of the defendant. Then collecting a penalty will be illegal. However, there are some situations when the payer is found guilty.

Article 330. Concept of penalty

Article 115. Liability for late payment of alimony

Among them are:

• refusal to pay alimony ordered by the court;
• hiding one’s location, place of work, income, reliable information;
• the defendant is wanted;
• concealing the fact of receiving additional payments or deliberately reducing their size;
• lack of information about the debtor on the list of unemployed and during this period of funds;
• refusal to pay alimony after being brought to administrative responsibility;
• the bailiff issuing more than two warnings about criminal prosecution for non-payment of alimony;
• long-term arrears of alimony (more than 4 months ).

The extent to which the defendant has violated the law must be determined by the court during the hearing of the case. There are cases when the payer could not pay alimony on time.

He must prove that the delay occurred due to:

• job loss;
• searching for a place to work;
• delays in payment of wages;
• negligence of bailiffs;
• untimely transfer of funds by the accounting department or banks.

Where to begin

To collect penalties accrued for non-payment of alimony, you need to collect a certain package of documents. It is also important to find out the amount of the penalty, which is calculated in a legal manner. In addition, you need to familiarize yourself with some problematic issues that may arise during the collection process.

An objection to an application for recovery of legal costs may be drawn up at the request of the defendant, citing, among other things, improper execution of the petition or application on the part of the winning party.

You can find out what judicial practice on the collection of alimony for the past period shows from here.

Preparation and submission of the document

The plaintiff must carefully study the resolution and calculation of the debt before filing an application. If violations are detected on the part of the alimony payer, you should begin filing a claim.

It is worth focusing on the sample in 2023, which provides for the indication:

• availability of a court order awarding alimony;
• descriptions of the situation with the identification of the defendant’s guilt (failure to deposit funds, violation of deadlines);
• demands to repay debts and pay penalties.

In addition to the claim, the applicant is required to prepare a certain package of documents.

It includes:

• a copy of the court order or power of attorney, which states the conditions for payment of alimony;
• copies of children's birth certificates;
• a copy of the bailiff's decision on the accrual of a penalty;
• calculating the amount of debt.

The defendant also needs to submit a copy of the claim, which must be completed in a certain order.

The state fee is not paid when filing claims for alimony. The defendant will bear the costs during the consideration of the case. But it’s worth clarifying this point in advance. Indeed, in some regions, the consideration of the case does not begin after payment of the state fee. Then it is worth filing a petition for exemption from depositing these funds.

It is important to know not only how to file a claim, but also where to file an application for a penalty. The law requires that the document be filed with the court located in the defendant's area of ​​residence.

After submitting the application, it will be considered within five working days, and then the plaintiff will be notified of the time and date of the hearing

As a result of the consideration of the case, a decision will be made. The plaintiff must receive a copy of the decision to collect the penalty. He will also be given a writ of execution, which is required to return the fine.

If the defendant refuses to repay the debt even after a court hearing, the case is transferred for consideration to the bailiff service. They initiate enforcement proceedings. To do this, you need to send to the department located at the defendant’s place of residence a writ of execution and details for crediting alimony and penalties.

Calculation nuances

The amount of the penalty is determined by the bailiff. He makes calculations according to the application of the person demanding compensation for the debt.

During the calculation, the performer draws up a table, the columns of which reflect:

• date of payment;
• the amount of funds actually deposited;
• the amount that must be paid according to the court decision;
• the number of days during which the debt was noted;
• calculation of the penalty by multiplying the real, required amount and a coefficient of 0.005.

The table must be compiled by the bailiff. It is necessary at the time of filing a claim in court to collect a penalty. The court may consider the case even in the absence of the defendant.

The amount of alimony is calculated based on the defendant’s entire income. If he is officially unemployed, then a percentage of his income is charged on the same principle as for an employed person.

It is important to find out where the unemployed person is registered in order to send a writ of execution to the organization. In this case, the responsibility for timely payment of alimony lies with the chief accountant of the employment center.

, 0.5% is charged . If the plaintiff's losses exceed during this period, the amount of the penalty may be increased.

Arbitrage practice

Many alimony payers face problematic issues when payment is delayed. It is worth considering frequently existing controversial situations.

In some cases, alimony arrears are no longer observed, but the penalty continues to hang on the defendant as a debt. This is possible when delays in payments have been regular over a long period. Therefore, even if the debt is fully repaid before filing a claim, a penalty can be collected by law.

The amount of the penalty is calculated by bailiffs. They use a special formula. After the calculation, a document is drawn up and attached to the application to the court.

Many defendants worry that if they fail to pay penalties, they may face criminal charges. However, it can only occur if alimony is not paid. Therefore, if the principal debt is fully repaid, the person will not face criminal liability.

The procedure and terms of the statement of claim for the recovery of alimony penalties

If a person has arrears of alimony, it is necessary to prepare and submit a statement of claim to the judicial authorities. If the debt is less than 50,000 rubles, the case will be considered by the magistrate court. If this amount is exceeded, the proceedings are conducted by city or district authorities. When filing a claim for a penalty, you must have certain documents available.

Among them are:

• plaintiff's passport;
• child's birth certificate;
• application for the collection of a penalty;
• decision of the judicial authorities on alimony;
• calculation of the amount of the penalty made by the bailiff;
• documents confirming the defendant's guilt.

Based on subparagraph 15 of paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation, payment of state duty is not made.

If the defendant’s guilt is not confirmed, then a penalty can be collected for the last three years before the filing of the claim. In case of obvious illegal actions, collection can be made for the entire period.

Article 336. Object of taxation

It is worth taking into account that after 18 years it will be difficult to return the penalty or penalty. The court may begin to find out why measures were not taken to collect the debt earlier. After reaching adulthood, the child is considered an adult and therefore may not need maintenance. Then you will need to figure out where the money will be spent.

Jurisdiction and other consequences

Collection of fines, penalties and alimony penalties can be made only for the last three years. The law provides for statute of limitations for these cases.

The opportunity to receive additional funds is given only if the debtor is guilty of violating payment terms. If the recipient does not apply for collection in a timely manner by submitting a writ of execution to organize production, then the fine will not be collected.

The Family Code of the Russian Federation (Article 115) notes the possibility of proving the jurisdiction of the case. In this case, you can count not only on payment of a penalty, but also compensation for losses. But the plaintiff must have irrefutable evidence, as well as a cause-and-effect relationship that confirms the occurrence of losses.

The amount of the fine may be reduced or reduced to zero if the payer is not at fault for the delay.

The decision is made by the judicial authorities when:

• difficult family circumstances;
• serious health problems;
• forced unpaid leave due to the fault of the employer.

But if the penalty is legal, and the jurisdiction of the case is proven, then the person can be brought not only to civil, but also to criminal liability.

If the defendant does not pay alimony for a long period of time and maliciously avoids paying money, then he may be:

• arrest for up to three months;
• sentenced to correctional labor (up to 1 year );
• assign mandatory work (up to 180 hours ).

One of the most serious consequences is the deprivation of parental rights. Therefore, it is important to remember that alimony must be paid on time. Otherwise, a trial will be required, which will take a lot of effort and time.

• A statement of claim for damages must be drawn up in such a way that the essence of the claims and the reason for their occurrence are clear.
• What is the procedure for foreclosure on the debtor's property, read in this article.
• On what basis legal costs are collected is explained in the article at this link.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Collection of alimony penalties: sample statement of claim, calculation | Legal Advice

Last updated March 2023

Quite often there is a life situation when caring for the child of one of the parents comes down to paying money for his maintenance.

The reason for this may be either divorce or other circumstances - for example, deprivation of parental rights.

And the parent living separately is in this case obliged to make monthly payments either in a fixed amount or as a percentage of income.

If you are not paid child support, or are not paid in full, you can recover from the culprit not only the entire amount of child support, but also a penalty for child support.

Monetary responsibility disciplines the payer and forces him to be wary of late payments. And if there is still such a delay, fulfill the existing alimony obligation as soon as possible. After all, the longer it is not fulfilled, the larger the amount of the penalty will be.

Collection of penalties for late payment of alimony is made exclusively in cases where such debt arose solely as a result of the guilty actions of the alimony payer, and did not arise in connection with objective circumstances (for example, non-payment of wages). At the same time, the amount of the penalty that can be collected depends on the order in which alimony is collected. This can be either a court decision or a notarial agreement on the payment of alimony.

Penalty payments for alimony can only be recovered in court. A bailiff, for example, cannot make such a calculation.

What documents need to be prepared to go to court?

These should be documents with which you confirm that you have a debt, a table for calculating the penalty for alimony for the court, the legality of the alimony obligations themselves (court order, decision on alimony, etc.), guilt in the actions of the alimony provider.

The amount of debt must be determined by the bailiff.

At the same time, he takes into account the amount of alimony, which is established either by a court decision or a bilateral notarial agreement.

Therefore, confirmation of the debt can be obtained by contacting the bailiffs for a settlement order, which will be handed to you. It must be certified by a seal.

The law states that the bailiff must calculate the debt for each month of delay in payment of alimony, indicating the amount.

Draw up a calculation of the penalty for the court, and indicate in it the periods of non-payment of alimony. The calculation must be simple and understandable so that, if necessary, the court can easily verify the correctness of its preparation.

How to file a claim

A statement of claim for the recovery of alimony penalties is drawn up according to the general rules that are specified in the Code of Civil Procedure of the Russian Federation.

The claim you intend to file must include the following information:

• name of the court (since the statement of claim is filed in the court of the district where the alimony worker lives, accordingly, you need to indicate the number and district of the court district if the statement of claim is sent to justices of the peace);
• last name, first name and patronymic of the plaintiff, as well as the address to which the summons should be sent. It is advisable to indicate your telephone number;
• information about the defendant, indicating his place of residence. If you do not know where the defendant lives, indicate his registered address, or the address of his last known place of residence. You can also indicate the respondent's phone number;
• formulate your demand (“to collect a penalty for alimony”);
• indicate all the documents that you will attach to the claim.

The following documents (in copies) must be attached to the statement of claim for the recovery of alimony penalties:

• a judicial act by which a decision was made to collect alimony (this may be a court decision or a court order, as well as a notarial agreement on payment);
• birth certificate of the child for whom child support is paid;
• writ of execution issued by the court (a court order, if issued, replaces the writ of execution);
• resolutions of the bailiff (both on the initiation of proceedings and on the calculation of the debt);
• the calculation of the amount of the penalty that you intend to collect;
• documents on unlawful actions of the debtor. For example, a court ruling on bringing to administrative liability for evading the provision of maintenance.

• The state duty for collecting a penalty is not paid by the plaintiff when filing a claim, but if it is satisfied, the amount of state duty in the amount established by the court will be recovered from the defendant to the state.
• Question :
  Which court should I file with?
• Based on the rules of territorial jurisdiction, a claim should be filed in the court of the district in which the defendant lives.

The penalty for child support can be collected for the entire time that the parent is required to pay child support. But if the defendant claims a statute of limitations, it will be possible to recover amounts only for the last three years.

Sample statement of claim for the recovery of alimony penalties

To the magistrate of judicial district No. 131
of the Karchaginsky district of the Vologda region
745444, Russian Federation, Vologda region, r.p. Karchagino,

1. Karchaginsky district, st. Lanina, 12
2. Plaintiff:
   Kirobokova Anna Seregeevna,
   Place of residence: 745444, Russian Federation, Vologda region,

Karchaginsky district, r.p. Karchagino, st. Communist 18.

Defendant:
Frolov Oleg Vadimovich
Place of residence: 745444, Russian Federation, Vologda region,

Karchaginsky district, r.p. Karchagino, st. 19 Party Congress 124

Statement of claim
for recovery of penalties for late payment of alimony

Application for alimony penalty: sample, claim for collection

Late or non-payment of alimony is punishable by law. Proceedings on this issue are taking place in the judiciary. This procedure is initiated by filing a claim.

Where can I find a sample application for the collection of alimony penalties? How to fill out the document? Collection algorithm. A sample claim for the collection of alimony penalties can be downloaded below in the article. State tax amount.

These and other aspects related to this issue will be discussed in this article.

Definition of the concept of “penalty”

The term “penalty” means any penalties in relation to the payer. In the matter of paying alimony, they are used as a measure of punishment against persons who evade the monthly transfer of these payments.

The verdict on the issue is made by the judiciary. Despite the fact that the alimony defaulter is a violator, in some situations he will not be held accountable. In particular, a claim for alimony penalties will be rejected by the court if alimony payments were terminated for the following reasons:

• delay of the payer's salary by his employer;
• loss of a permanent source of income - in such a situation, the payer must register with the employment center;
• failure to meet payment deadlines was due to the fault of the banking organization involved in the transfer of funds;
• the accounting department of the organization in which the payer works was not promptly provided with a writ of execution for the collection of alimony payments;
• termination of alimony payments is justified by a deterioration in the payer’s health - a fact that must be confirmed by relevant documentation issued by the citizen’s treating doctor.

Legislative acts on the basis of which alimony arrears can be collected forcibly are the provisions of articles of the Family and Civil Code of the Russian Federation.

Important ! The collection procedure is carried out by bailiffs, based on the verdict rendered by the court.

Procedure for collecting alimony debt

Grounds for payment of a penalty for alimony debt

The grounds under which a claim for the recovery of a penalty for alimony arrears will be satisfied by the judicial authority are as follows:

1. The fact of refusal to execute the court decision to transfer alimony payments was recorded.
2. The payer deliberately concealed the following information from the recipient of funds or bailiffs:
   1. Location.
   2. Place of work.
   3. The amount of income received.
3. Also, a claim for collection of debt and penalties will be accepted if the debtor initially provided the court with false or falsified information about the amount of income received and place of employment.
4. Hiding additional income from the court.
5. The payer did not transfer alimony payments for a certain time, and was not officially employed or registered with the employment center as unemployed.
6. The payer refused to pay alimony after being brought to administrative responsibility.
7. An application for alimony penalty will be clearly accepted by the court if the transfer of funds has not been carried out by the payer for four months or more.

Regardless of the reason why the funds do not reach the recipient, whether it is the fault of the payer or third parties, the application for collection of alimony penalties is considered by the court.

Important! The debt collection procedure can be initiated only by his verdict and nothing more.

Calculation of the amount of the penalty

The amount of debt is calculated by compiling a specialized table. It consists of the following columns:

1. Dates of the periods for which the debt was accrued.
2. Amounts actually paid.
3. The value of the amounts of accruals due, multiplied by the date difference and a coefficient of five thousandths of a unit.

The table is compiled by bailiffs. They are the ones responsible for the procedure for collecting funds from the debtor. Next, the document is submitted to the court along with an application for the collection of penalties for alimony, drawn up according to a unified model.

Formula for calculating penalties

• The amount of the penalty is half a percent for each day of delay in payments.
• The formula for calculating it is as follows:
• Amount of penalty = Amount of debt * 0.005 * Number of calendar days of delay
• If the calculated amount of the penalty does not cover the actual losses incurred from non-payment of alimony, the plaintiff may demand an increase in the calculated amount based on the evidence presented.

The procedure for collecting penalties

As already mentioned, alimony arrears are collected by FSSP employees. This procedure is carried out in compliance with the following rules and requirements:

• the debt can be collected for a period of no more than three years that preceded the filing of the claim;
• if the transfer of funds was not carried out due to the fault of the payer, then the plaintiff has the right to file an application for recovery for the entire period;
• the amount of debt and penalties is determined by the executive authorities, in this case - the bailiffs;
• debt is calculated in the same manner, both for the main source of income and for additional ones;
• both the plaintiff and the defendant have the right to draw up and submit a petition to appeal the verdict passed by the court within the period established by the current legislation.

Where to contact the claimant

An application for collection of debt for alimony payments is submitted by the plaintiff to the judicial authorities at the place of residence of the defendant. The institution is selected based on the size of the claim:

• up to fifty thousand rubles – magistrate court;
• over 50 thousand - district court.

State duty amount

Court cases regarding the payment of alimony are an exception to the rule, since the initiation of this procedure by filing an appropriate application does not require payment of a state tax fee. The plaintiff is exempt from the need to pay state duty on the basis of the fifteenth subparagraph of the first paragraph of article of the Tax Code of the Russian Federation under number 333.36.

Drawing up a statement of claim 

To be able to receive the required funds, the plaintiff must submit an appropriate application.

There is no separate form or template for filling it out; it is drawn up in free form in compliance with generally accepted rules for conducting business correspondence. Its sample can be easily downloaded here.

Application for alimony penalty - a sample can also be obtained directly from the secretary in court.

The sample application for alimony penalty consists of several parts. Explanations for it are presented in the table:

Part of a document	Information contained
general information	Indicated: Full name and address of the location of the judicial authority to which the application is being submitted; Full name of the plaintiff and defendant; A link to the executive documentation drawn up by the court, on the basis of which alimony payments should be transferred.
Information about existing debt	The second part of the document indicates the deadline for termination of alimony payments by the payer.
Penalty amount	The amount of additional penalty for the overdue period, calculated using a special formula, is indicated. The applicant has the right to independently calculate its size or can use the services of legal agencies.
Links to laws	The legislative acts on the basis of which the application is being submitted are indicated.
List of documentation	The list of documents attached to the submitted application is indicated.
Date and signature	—

It is strongly recommended to draw up an application using a sample claim for alimony collection or the services of qualified lawyers. If there is an error or inaccuracy, the document will be refused acceptance.

Application for alimony penalty (sample)

The following package of documentation is required along with the submitted claim:

1. A copy of the statement of claim.
2. Passport or any other document proving the identity of the applicant.
3. A document confirming payment of the state duty.
4. A document confirming the defendant's obligation to pay alimony.
5. Documents confirming the amount of alimony and the period of delay.
6. Any documents confirming the existence of grounds for filing a claim.
7. Debt calculation.
8. Calculation of the amount of the penalty.

Filing a claim for collection of arrears of alimony and penalties

The application and all attached documents are submitted along with copies in the number of parties directly participating in the meeting. After the claim is accepted, a court date will be set, at the end of which one of the following verdicts will be rendered:

• full satisfaction of the requirements for the alimony provider;
• partial recovery of penalties;
• refusal to satisfy demands.

Deadlines for filing documents for collection of arrears on alimony arrears

The limitation period for the amount of the penalty depends on the fact of the presence or absence of intentional evasion from paying the required alimony. If the debt arose through the fault of the payer, then the debt is collected in full, regardless of its duration. In other situations, the statute of limitations is three years.

Some problems may arise when filing a claim for liquidated damages over a long period of time. In such situations, the judge additionally asks the following questions to the plaintiff:

• the reason why debt collection was not initiated earlier;
• the purposes for which the funds will be spent (relevant if an application is submitted for alimony payments in relation to an adult child).

Is it possible to challenge or reduce the amount of the penalty?

The alimony payer against whom a claim for debt collection has been filed may file an appeal against the verdict rendered by the judicial authority, regardless of the reason for the debt.

In this case, the date for entry into force of the enforcement proceedings will be delayed by thirty calendar days. Satisfaction of the filed complaint, objections to the presented demands and cancellation of the decision made will occur if the debt arose for one of the following reasons:

• delay of wages by the employer;
• the occurrence of the debt is justified by an error or failure to meet deadlines by employees of the accounting department in the organization in which the defendant works;
• due to illness;
• the writ of execution in the case was not transferred to the employer due to the fault of the plaintiff or the bailiffs;
• other circumstances beyond the control of the payer.

Important! The obligation to pay a penalty for alimony is assigned to the defendant only if there are grounds for it.

If the debt arose through no fault of his own, then he will be forced to pay only the principal amount, without additional late fees.

The plaintiff, in turn, needs to carefully prepare for the upcoming trial. Check the correctness of the completed application and the calculations of the amounts collected, obtain the help of highly qualified lawyers, etc.

Statement of claim for the recovery of alimony penalties

A sample statement of claim for the recovery of alimony penalties, taking into account recent changes in legislation. Alimony is paid monthly. If the alimony payer has committed a culpable violation of the terms of payment, a penalty for alimony may be recovered from him.

The amount of the penalty is determined by Article 115 of the Family Code of the Russian Federation at 0.1% of the unpaid amount for each day of delay. The calculation must be made starting from the first day of the month following the payment month. When concluding an agreement to pay alimony, the amount of the penalty can be increased.

A statement of claim for a penalty for alimony is submitted to the magistrate at the defendant’s place of residence. The price of the claim is determined depending on the amount recovered. The state fee for such claims is paid based on the value of the claim. If the amount of the penalty exceeds reasonable limits, at the request of the defendant, the court, in accordance with Article 333 of the Civil Code of the Russian Federation, has the right to reduce its amount.

To the magistrate of court district No. _____ in the city ____________ Plaintiff: _______________________ (full name, address) Defendant: _____________________ (full name, address)

Cost of claim: ____________________

(full amount from claims)

Statement of claim

on the collection of penalties for alimony

• The defendant is obliged to pay alimony in my favor for the maintenance of _________ (full name of the child (children), date of birth) on the basis of _________ (indicate the grounds for payment of alimony: agreement of the parties, court decision, court order, full details of the specified documents).
• The defendant allows delay in payment of alimony _________ (indicate the periods and amounts of overdue alimony).
• The amount of the penalty for late payment of alimony will be 0.1% for each day of delay (indicate if the agreement establishes a different amount of the penalty), which is _______ rubles.

Considering that the amount of the penalty exceeds reasonable limits, the plaintiff, on his own initiative, considers it possible to reduce its amount to _______ rubles.

(the amount of the penalty is reduced at the request of the plaintiff).

Based on the above, guided by Article 115 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

1. To collect from _________ (full name of the defendant) in favor of _________ (full name of the plaintiff) a penalty for late payment of alimony in the amount of _______ rubles.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. A document confirming the defendant’s obligation to pay alimony
4. Documents confirming the amount of alimony and the period of delay
5. Calculation of penalties
6. Other evidence confirming the grounds for the claim for the recovery of alimony penalties

1. Date of application “___”_________ ____ Signature of the plaintiff _______
2. Download a sample application: 
3.   Statement of claim for alimony penalty

Penalty for alimony: sample statement of claim, judicial practice on collection, statute of limitations

In situations where a person does not pay the alimony established for him for a long time, you should pay attention to the fact that it is necessary to collect not only the amount of debt for such payments, but also a penalty for their delay. Here, many people have a question: what is a penalty, how is it calculated, and how to write a statement of claim to collect a penalty for alimony.

What is a penalty

If at the legal level the obligation of one of the parents to pay child support has been established, but he does not fulfill it, it should be remembered that the legislation provides for many different measures for punishment in all main areas of law: Family, Civil, Criminal and Administrative. One of the most relevant measures is the collection of penalties for alimony debts.

On the one hand, such a measure can be considered more lenient compared to criminal or administrative punishment.

On the other hand, it implies the accrual of additional funds due to the fact that the person did not make timely alimony payments.

From the point of view of civil law, a penalty is called a certain means of compensation for delay or delay in certain payments.

In order to receive from the other party to the legal relationship, it is necessary to submit to the court a corresponding application for the accrual and collection of a penalty.

The concept of a penalty is used in the field of civil legal relations related to funds and legal obligations. The scope of alimony obligations assumes that if there is a debt for this type of payment, the other party to the relationship has every right to demand from the defendant not only repayment of the existing debt, but also payment of a penalty on it.

A penalty is understood as an additional amount of money, which is calculated according to the established formula and is an additional amount required for payment, mandatory, just like the main debt.

On the one hand, this acts as a measure of coercive influence on the violator of payments, on the other, as compensation for the inconvenience caused by delays in alimony.

What determines the amount of alimony penalties?

The penalty for alimony is calculated according to a strictly fixed formula, which includes such indicators as: the amount of the total alimony debt on the day of consideration of this issue and the time period of delay (period).

The principal amount of the debt is obtained by adding up all payments that should have been paid from the moment the debt arose until the day the issue of collecting the penalty was considered. The period of delay refers to the total amount of time during which alimony was not paid: 2, 3 months or 1 year.

Conditions for calculating penalties

The formula and process for calculating alimony penalties are defined in Article 115 of the Family Code of the Russian Federation, along with the general provisions of the Civil Code and the Federal Law “On Enforcement Proceedings”.

Based on these legal norms, several main conditions can be identified under which penalties are calculated:

1. Accrual occurs from the first day of delay in payment of alimony. Even if there is a delay in payment by 1 day, the recipient of alimony already has the right to collect a penalty. Accordingly, the longer the delay in alimony payments, the higher the amount of the penalty. However, in practice, due to a 2-5 day delay in payment, no one seeks to file a statement of claim in court and demand payment of a penalty. After all, the amount of such payments will be minimal and not even worth paying state duty.
2. Availability of a document with legal force, on the basis of which the obligation to make alimony payments is established. From a legal point of view, such documents include: a court decision to collect alimony (or a court order), as well as an alimony agreement between parents, certified by a notary. If you have some of these documents, but there are no payments from the other party to the legal relationship, you can safely go to court with a demand to collect a penalty. In order to accept such a claim for consideration, the court will necessarily need to present evidence that the defendant has an obligation to pay alimony, but that he has not fulfilled this obligation.
3. Statute of limitations. Here it is very important not to confuse the concept of the limitation period for the assignment of alimony and for the collection of a penalty. If, according to the general rules, you can apply to the court for alimony at any time before the child reaches 18 years of age, regardless of when the need to receive alimony arose, then with a penalty everything is different.

   Such things as fines, penalties and penalties are subject to the general rules of Civil and Civil Procedural Law. Article 196 of the Civil Code clearly states that the statute of limitations for collecting a penalty is three years.

   Accordingly, if the penalty arises on the first day of late payment, you can apply for collection of the penalty only within 3 years from the first day of the debt. Not later. For example, if alimony payments stopped on March 16, 2008, it was possible to file a claim to collect a penalty for the debt only until March 16, 2011, no later. This means that if the recipient of alimony filed such a claim already in 2013, then the penalty will be accrued only for the period from 2011 to 2013. Accordingly, the statute of limitations for collecting alimony penalties is 3 years from the date of delay.

The procedure for collecting penalties

Before talking about the procedure for collecting alimony penalties, you should understand how it is calculated. The calculation of the penalty for alimony is carried out by the bailiff in whose proceedings the alimony case is located. After all, the penalty depends on the amount of debt, and it is the bailiff who calculates it.

To file a claim in court for the collection of a penalty, you must contact the bailiff service to make appropriate calculations about the amount of debt and separately for the amount of the penalty to be collected. With all this, you can independently calculate the penalty for alimony by following the link.

This will be useful to control the work of bailiffs and not rely on the work of strangers. Once you have a calculation of the penalty in your hands, you can file a corresponding claim in court. The procedure for collecting a penalty depends on the document on the basis of which alimony is being collected:

• Alimony agreement.
• Judgment.

If the main document is an alimony agreement and the person has not previously applied to the bailiff service, you must first contact the bailiffs so that they open enforcement proceedings, calculate the amount of the existing debt and calculate the penalty. Only after these steps and having received the relevant documents with calculations from the bailiff, can you write a statement of claim and go to court.

If alimony was collected by court decision, and the writ of execution is with the bailiffs, everything is much simpler. You just need to contact them for a calculation of the penalty, receive this document, and you can safely write an application to the court. Alimony arrears, as well as penalties for them, are collected exclusively in court.

How to draw up a claim correctly 

When drawing up a statement of claim, it is important to pay attention not only to literacy, but also to the legal validity of your claims.

If the recovery conditions specified above are met, no problems should arise with proving your position in court.

Any statement of claim must comply with the basic rules of civil procedure, according to which it must contain the following data:

1. The full and correct name of the judicial authority to which such an application is submitted, indicating the address of the court.
2. Complete information about the plaintiff and defendant, including full name, registration addresses and places of permanent residence, places of work and contact numbers.
3. Complete information about concluded and dissolved marriages with dates and numbers of documents confirming registration and dissolution of marriage.
4. Complete information about the child (or person) for whose maintenance alimony payments were assigned.
5. Information about the document on the basis of which alimony was made mandatory (alimony agreement or court decision).
6. A detailed calculation of the existing debt on the day of filing the claim.
7. Calculation of penalties for this amount of debt.
8. Specific requirements for the court: to collect a penalty for alimony.
9. List of documents attached to the statement of claim.
10. Date of filing the claim and signature of the plaintiff.

Correctly drawing up a claim for the recovery of alimony penalties, a sample of which can be downloaded here, is very important so that the court does not send the document for revision or elimination of shortcomings.

After all, this will require additional time, which can play a significant role on the amount of debt and the amount of the penalty, which will lead to the need to recalculate these indicators on a new date.

Required package of documents for filing an application with the court

A claim for the recovery of alimony penalties, like any other application to the court, must support the requirements set out in it with an attached package of documents. Among the required documents for such a trial are:

• Plaintiff's passport.
• Documents on marriage and divorce.
• Birth certificate of a minor.
• A document obliging the defendant to pay alimony: a written agreement or a court decision.
• Documents from the bailiff service: written calculation of alimony debt and calculation of penalties.
• Receipt for payment of state duty.

However, in such cases it is difficult to predict what other documents the judge may need to make a decision, so at the first meeting it is best to bring documents about the plaintiff’s financial situation, printouts from the plaintiff’s personal accounts, stating that he really did not receive any transfers or other documents characterizing the current relationship with the defendant.

State duty and its amount

The issue of paying state fees in cases of collection of penalties for alimony arrears is controversial. According to the general rules for calculating state fees for court proceedings in alimony cases, in accordance with subparagraph 14 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation, a state fee of 150 rubles should be paid.

Although some lawyers take the position that a claim for the collection of alimony penalties is a category of cases about the protection of the rights of minors, which means that according to the general rules of the Family Code, state duty should not be paid at all.

On the other hand, a penalty according to the norms of Civil Law is an independent measure of protection of the material rights of individuals, which means that according to the general norms of the Code of Civil Procedure of the Russian Federation and the Tax Code of the Russian Federation, when filing such a claim it is necessary to pay a fee in the amount of 4% of the total amount of the claim.

In order to avoid refusal to accept a claim for judicial proceedings due to insufficient payment of the state duty, it is recommended to first contact the very court where you plan to file the claim for clarification regarding the required amount of payment of the state duty. But according to the general rules of the Code of Civil Procedure of the Russian Federation, the amount of state duty for civil claims for the recovery of a penalty depends on the total amount of the claims presented; you should be prepared for this.

Where to file a claim for a penalty

Speaking about the jurisdiction of this category of claims, it should be remembered that according to the general rules of the Code of Civil Procedure of the Russian Federation, such claims must be filed at the place of residence of the defendant in a magistrate or district court. At the same time, Article 28 of the Code of Civil Procedure of the Russian Federation provides for alternative jurisdiction, on the basis of which claims for the recovery of alimony penalties can be filed at the place of registration of the plaintiff.

With all this, we should not forget about the amount of penalties, which also plays a significant role. If the amount of the claim is less than 50,000 rubles, it must be filed exclusively in the magistrate’s court (at the place of residence of the defendant or plaintiff). If the amount of the claim exceeds 50,000 rubles, then the claim must be filed only in a civil court (at the place of registration of the defendant or plaintiff).

You can submit documents to the court either by visiting the court office in person or by mail. The main thing is to send a “registered letter with notification” so that you have proof that the claim, along with the documents, reached the court.

Arbitrage practice

The judicial practice of collecting alimony penalties knows a case where a claim was filed, but the judge refused to accept the application due to an incorrect calculation of the debt penalty. While the plaintiff was recalculating, about 2 weeks passed, which led to a change in the amount of the penalty itself and the plaintiff was again refused to accept the claim for proceedings.

It is very important not to waste time in such situations. To properly file such a claim, it is necessary to prepare the basic documents in advance, draw up an approximate statement of claim and order such a calculation from the bailiff service. After receiving the calculation of the penalty, you must try to change the amount in the prepared claim on the same day and submit all documents to the court on the same day.

It is important that the date of writing the statement of claim coincides with the date of settlement of the penalty. Indeed, in the event of a penalty, it is charged for each day of late payment and for the total amount of debt for the month.

Demands for the collection of penalties are legal and undeniable; the whole difficulty lies in correctly calculating the debt and penalties for it.

This requires special knowledge of how such calculations are made and on the basis of what formulas. It is very important not to miss a lot of time from the date of settlement to the date of filing such a claim in court.

Sample claim for the recovery of alimony penalties: which court to file the application in and what documents are needed

How can you file a claim for alimony penalties if your ex-husband does not want to pay them?

When alimony awarded by a court decision is not paid, a variety of unpleasant consequences occur for the debtor.

The first of these is the enforcement of a court decision. A penalty is also collected for non-payment of alimony for the entire period of existence of the debt. To do this, you need to submit an application to the magistrate's court demanding that the debtor pay a fine.

Where to apply? According to current legislation, a claim for the collection of alimony can be filed both at the address of the defendant and at the place of residence of the plaintiff.

Here the choice lies with the initiator of the lawsuit.

Thus, when determining the territorial jurisdiction of cases, one should proceed from the fact that in accordance with Part 3 of Art. 29 of the Code of Civil Procedure of the Russian Federation, claims for payment of alimony penalties can be brought by the plaintiff to the court and at his place of residence.

• You might find it useful!
• Online calculator for calculating alimony penalties
• The provisions of this procedural rule also apply in the case of plaintiffs’ claims to increase the amount of alimony.

Now a few words should be said about which court to go to. As mentioned above, regardless of whether the amount of the penalty exceeds 50 thousand rubles or not, the claim is considered by the magistrate court.

Collection of penalties for late payment of alimony: documents

Currently, the amount of sanctions regarding alimony is 0.1% of the amount of the debt for each day of delay in payment, regardless of the period.

If the debt arose over several months at once, then a separate calculation will need to be made for each. It should be noted that the legislation does not allow for the reduction of sanctions.

In order to have official confirmation of the amount of debt, you must obtain a corresponding certificate from the bailiff. It, along with a copy of the court decision on the payment of alimony, should be attached to the statement of claim.

In addition, a calculation of the penalty should be made as a separate application.

To make it clear to the court, it can be made in the form of a separate table of the following columns:

1. A month of debt.
2. Amount of debt.
3. Number of days overdue.
4. The amount of the accrued penalty.

Now there is a controversial situation regarding the need to pay the state fee for filing a claim.

On the one hand, the Tax Code of the Russian Federation does not make any exceptions for such cases. Accordingly, a state duty is paid, the amount of which is calculated on a general basis.

An application for the collection of penalties for non-payment of alimony is considered as a claim filed in the interests of the child. If so, then there is no need to pay the state fee. Therefore, the statement of claim must emphasize this.

Structure and content of the statement of claim

In order to write a statement, you can use the sample below as a basis.

First, information is written about the court decision regarding the payment of alimony. Then it is indicated that the debtor knows about this decision, but continues not to make the required payments.

This should be followed by information about the amount of debt and the accrued penalty.

You should definitely make a link here to the certificate from the bailiff.

In the final part of the claim, the court should be asked to satisfy the penalty for the entire period of existence of the debt.

Having a court decision in hand, after a certain time you can receive a new writ of execution and transfer it to the bailiffs for work.

Penalty for alimony sample application

If a citizen does not pay child support for an unmarried child, the law provides for several ways to influence him. These include a penalty, which is collected separately. For this purpose, an independent claim is drawn up.

To submit it, you need to do a few things.

First of all, you should obtain a certificate from the bailiffs deciphering the accumulated debt. Next, you need to decide in which court to file a claim for the collection of alimony penalties.

To make the task of preparing an application easier, a sample is provided below. It can be used in relation to your own situation.

1. Magistrate of the 11th precinct of Moscow
2. Nagornaya street, 26, building 1
3. Plaintiff: Popova Svetlana Sergeevna
4. Profsoyuznaya street, 15, apartment 8
5. Defendant: Kuznetsov Alexander Dmitrievich
6. Lev Tolstoy street, 23, apt. 10
7. Statement of claim
8. on the collection of penalties for alimony
9. The price of the claim is 16,200 rubles

Statement of claim for alimony penalty in 2023 - sample collection for late payment

Supporting one's biological child until he or she comes of age is the direct responsibility of each parent.

Many modern fathers and mothers completely forget about this and do not want to take part in the upbringing and personality formation of a young citizen of the Russian Federation. In this case, they may be held accountable in accordance with current legislation.

Main aspects

As judicial practice shows, after the forced collection and obligation of a parent to pay alimony, the majority of citizens faithfully fulfill their civic duty.

However, among them there is often a separate part that pays maintenance money for children until a certain time, and then again stops or cuts the mandatory payments.

In this case, the state has provided the opportunity for the child’s guardian to file a claim to recover alimony penalties.

This procedure has some differences from the process of collecting maintenance funds and provides for the subsequent transfer of the case to bailiffs, who will monitor the forced deductions of funds for the maintenance of the child.

Initial Concepts

In order to become more familiar with the rules for drawing up an application for alimony penalties, you should consider some concepts that are closely related to this issue:

Parental rights	The opportunity to take part in the upbringing of your biological child, while regularly allocating funds for his maintenance
Alimony	Necessary funds for the maintenance of his biological child, which the parent is obliged to pay monthly if he does not live with his spouse
Official income	Earnings that a citizen receives officially from his place of work or using other methods of registered earnings, which in turn is subject to taxation
Penalty	The amount determined at the legislative level or in accordance with the contract that the debtor is obliged to pay for his obligations when maintaining a child

Taking these concepts into account, you can more clearly familiarize yourself with the procedure for filing an application for compensation of penalties by the defendant after the initiation of litigation.

What is the amount of state duty?

In this case, the state fee must be paid by the claimant, but after the trial, the defendant must compensate it; the amount of this amount depends on the following points:

• region of the case;
• material part of the trial;
• the required number of processes to resolve the dispute;
• the court where the hearing takes place.

All these points have a direct impact on the amount of the state contribution for the trial. The minimum amount in this case is 300 rubles.

Legal regulation of the issue

The settlement of the issue regarding the forced collection of alimony penalties is based on the following current laws of the Russian Federation:

• Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 11, 2012 No. 29 “On the application of civil procedural legislation by courts”;