Maintenances don't come: where to turn, what to do if maintenance doesn't come in.

The funds for the maintenance of minors shall be paid in accordance with the procedure established by the executive document: agreement, executive notice and a court order.

The money is usually handed over to the recipient once a month, and the delay in maintenance is a very unpleasant thing, primarily because the child's interests are being violated.

He is unable to obtain money, so he cannot meet his needs.

The authors of the Family Code of the Russian Federation, in anticipation that not all maintenance obligations would be properly fulfilled, would have situations in which alimony was delayed and imposed certain liability measures on the payer.

Liability for late payment of maintenance

First of all, it is necessary to refer to article 115 of the Russian Federation, which establishes liability for the late transfer of money against the payer.

What can be recovered from the payer:

  • A failure of 0.5 per cent for each day of delay;
  • All losses resulting from the delay.

Recovery is carried out solely by a court of law by filing an application on the execution sheet.

There are also situations where the delay in maintenance is not the fault of the employee but the fault of his employer.

If a person who is obliged to pay for a dependent ' s maintenance has a formal job, the alimony is deducted from the salary; the retention is performed by the accountant ' s organization; in such a case, the employee does not lose his or her head; the accountant is responsible for the calculation of the payments.

For various reasons, a company may delay alimony; whether the organization has the right to delay payments will be discussed in more detail; another question still needs to be addressed: can a person be held accountable if the organization does not list the alimony for him?

On this important but controversial issue, the Supreme Court of the Russian Federation had to explain it, which was done in 1996.

In Decision No. 9 of the Plenum of the Supreme Court on the above-mentioned issue, the judges made it clear that the paymenter of funds could not be prosecuted on the basis of article 9.

115 UK if it is not responsible for the delay in the payment of maintenance, if the organization does not pay alimony, it must be responsible for what it has done.

What if the organization does not pay alimony?

The answer to this question can be found in the UK of the Russian Federation, article 109, which states that maintenance from the employer ' s salary shall be paid:

  • On an executive sheet or other executive document;
  • The recipient of the funds contained in this document;
  • by hand or by bank account, postal transfers are also not excluded.

In addition, the company ' s accounting must send the money within three days of the employee ' s salary.

The law sets a clear time frame for the disbursement of funds.If the accountant forgot to perform his duty, it would be a clear violation of the law.

The same rules are contained in article 98 of the Act "On Executive Proceedings", which includes a period of three days, regardless of whether the employee has received a salary or money on paid leave.

By the way, it must be remembered that salaries are paid in instalments twice a month, and the obligation to pay alimony payments must be paid once a month.

Therefore, failure to pay advance money is not delayed.

If there was a delay in the payment of maintenance by the organization, what could be done in that case?

There are several options:

  1. If the child ' s maintenance funds were not paid in time, a complaint could be lodged with the Public Prosecutor ' s Office, which was the body responsible for ensuring that citizens ' rights were respected in various areas of life. Could it help with the question of unpaid maintenance? Clearly, such authority was available to the staff of that authority; the Public Prosecutor ' s Office was preparing a perception of the need to remedy the violations; in some cases, the official concerned could refer the matter to the court in a situation where the employer failed to pay alimony under his or her jurisdiction.
  2. If maintenance is delayed, an administrative fine may be imposed on the bailiff to ask him to investigate the situation: the bailiff may enforce the recovery, seize the property, for example: an administrative fine may be imposed for the late payment of maintenance. Article 113 of the Code of Executive Procedure states that an employee of the SPF has the right to initiate administrative proceedings or to file an application with the arbitral tribunal for the purpose of initiating such proceedings. If an organization delays the payment of maintenance payments, it is subject to the authorization of article 17.14 of the Code of Criminal Procedure. The delay in payment of maintenance by an employer is an administrative offence. The fines for legal persons are sufficiently serious.
  3. Where else can you go if you delay the payment of child support? The recipient of the money has the right to file a complaint with the judicial authority. Article 118 of the above-mentioned Act states that, if the payment of money is delayed, the employer may be asked not only for the amount of the principal debt, but also for the delay in the payment of maintenance.

Thus, we have considered the following issues:

    • Where to complain;
    • What measures can be taken against the employer of the ex-husband who does not wish to pay on the implementing document;
    • I don't know how much you can collect.

How to write a complaint to the Public Prosecutor's Office or a statement to the bailiff is, in principle, understandable. There is no prescribed form. The main point is that the document contains:

  • Information on the applicant;
  • Information on the factual circumstances of the case – that there is a non-payment of funds;
  • Information on violations of rights;
  • Asking for an understanding of the situation and for some kind of intervention.

There's nothing more to add, but if you really want to, you can, but the more specific the content of the statement, the easier it is for prosecutors to understand.

How to go to court?

The advantage of resorting to a bailiff or prosecutor is that it is sufficient to prepare one small document — a complaint or a statement that is not subject to strict requirements.

If the non-payment of funds on behalf of an organization ' s staff member is to be sought through a court of law, the assistance of a professional lawyer is likely to be required.

  • The claim must be prepared in accordance with the requirements of procedural law;
  • Certain evidence must be attached to the claim.

Otherwise, the court will simply not consider the application.

Where can you find a sample of the suit on your own? On the Internet, in the court of admission, no fact of course that the sample from the network will be made up well, no one in the court will give the necessary advice, so it's the best way to go to a lawyer.

The question of the recovery of arrears is generally considered by the justice of the peace; the State is not required because it concerns the interests of the minor.

To sum up what has been stated in this article, the following conclusions can be drawn:

  • If the employer fails to pay the money on time, only he is responsible;
  • Unfair employers may be affected in a variety of ways;
  • Violation of the obligation to pay alimony may result in the imposition of serious sanctions under relevant Russian legislation.

No alimony came: where to turn, what to do?

After the dissolution of the marriage, the spouses retain the obligation to maintain their common children, most often through a court of law, and if the parents agree, they sign a maintenance agreement.

Once a maintenance payment is made, the payer must pay the money on a regular basis, and there are cases where maintenance payments are not made to the recipient ' s account.

The article will examine the timing of the payment, the reasons why the delay may occur, and where to turn in this case.

Time frame for payment of maintenance

Under article 109 of the Russian Federation, maintenance must be paid to the recipient within three days of the receipt of the money to the payer ' s account; payments are made on a monthly basis.

A similar provision is contained in article 98 of the Enforcement Act of 02.10.2007, No. 229-FZ. Once an executive document has been received, the employer is obliged to retain the money from the debtor ' s salary in favour of the claimant; maintenance payments must be paid before the expiry of three days from the date of payment of the salary.

Why don't alimony come in?

If the alimony is not on the map in time, the reasons for the delay should be clarified; it may be unrespectable and respectful.

Unrespectful reasons include:

  • The reluctance of the person under maintenance to support his or her children;
  • Unfair accounting by the employer;
  • Late disbursement of funds by the bank;
  • Replacement of the former spouse ' s place of employment without notification of the bailiff ' s service;
  • Hidden income.

Sometimes money doesn't come because of a technical problem, and once the problem is detected, the money goes straight to the account.

The delay may arise for valid reasons: in practice, the following situations are possible:

  • The debtor lost his job due to downsizing, liquidation of the firm, dismissal for other reasons;
  • The employer delays the payment of wages;
  • The ex-husband was seriously ill, which required a great deal of money for treatment and medicine.

Whether it is a cause of respect or not, it does not relieve the payer of his duties.

Where should I go?

The recipient of child support often asks where to go in the event of late payment.

To the payer

If maintenance doesn't come, you need to contact the debtor and find out why. You need to meet your ex-husband, find out when he can transfer the money. It's enough to remind him of the possibility of enforcement.

Serious non-payers are subject to criminal and administrative liability and may also apply for penalties and fines; in extreme cases, the spouse is deprived of parental rights.

If the debtor is in hiding, a search warrant may be issued; if there is no positive result, it is recommended that a claim be brought before the court to declare that the debtor is missing; after the decision has been obtained, the right to a survivor ' s benefit is granted.

If an executive document is received by the employer, it is the responsibility of the employer to pay in a timely manner, and the mother has the right to make a written request at the place of employment of the payer.

The declaration shall be made freely. The text shall state:

  • The position, FIO, head of the firm;
  • The debtor ' s identity;
  • Information on the recipient;
  • The details of the executive document;
  • Information on arrears and arrears;
  • Request to transfer the money;
  • Date and signature.

The letter should be registered with the organization ' s office and a copy of the document should be made with registration marks.

Model letter to employer for non-payment of maintenance

To the service of bailiffs

The payer sometimes hides, has no permanent place of employment and no income, in which case the bailiff must be contacted to initiate enforcement proceedings.

The executive document shall be submitted together with a statement. The text of the document shall contain information on:

  • A division of the MTSP;
  • Retriever;
  • The child;
  • The details of the judgement and the execution sheet.

There is also a need to attach the minor ' s birth certificate and information on the bank account for the disbursement of funds.

Model application for commencement of enforcement proceedings

Once the enforcement proceedings have begun, the bailiff will ensure that the money is paid on time and, if necessary, will take steps to search for the debtor ' s property and accounts.

In cases of prolonged delay, the bailiff may initiate administrative and criminal proceedings, withdraw the debtor ' s driver ' s licence and restrict travel abroad.

To the court

If the beneficiary intends to recover the penalty for non-payment of a minor, it must be brought before a court, which is calculated in accordance with the rules of article 115 of the UK. The payer will be required to pay 0.1 per cent of the amount of the arrears for each day of arrears.

The claim must be made in accordance with the rules of article 131 of the Criminal Code of the Russian Federation, which states:

  • The names of the court;
  • Information on the plaintiff and the defendant;
  • Information on the minor;
  • The details of the decision to recover the content, the maintenance agreement, the executive document;
  • Amounts of arrears;
  • Calculation of the size of the penalty;
  • Date and signature.

The suit is filed at the defendant ' s location.

Model claim for damages for late payment of alimony

The application shall be accompanied by:

  • Judgement;
  • Executive document;
  • Calculation of the amount of debt and damages;
  • :: Evidence of delay.

The case is pending for 30 days.Once the judgement has been handed down and it has entered into force, an executive notice will be issued to the bailiff, who will combine the new proceedings with those already in place.

Let's take stock.

So,The person under maintenance is required to pay the child ' s maintenance monthlyThe delay may be due to different circumstances that do not waive the obligation to pay alimony; if the money is not received by the recipient, the payer must be contacted and the reason given.

If the performance sheet is transferred, the employer is advised to submit a request for delay to the employer; if the debtor does not work formally, it has a non-permanent income, the decision to pay the maintenance must be given to the bailiff.

In addition, a penalty for delay in obligations can be enforced through the courts.

Free consultation.If you have any questions, please feel free to ask their lawyer online chat on the right, in the form below, or on the hotline 8-800-350-84-21.

What if maintenance is delayed?

Almost one in three recipients of maintenance in Russia are sooner or later faced with a delay in payment (split).

If the delay in the court ' s maintenance payments is more than 1 to 2 weeks, the recipient of the funds must take active action: from the determination of the reasons for the debtor ' s non-payment (which may not be attributable to the delay) to the application to the Federal Service of Conservatives (FSP).

Read also:  Claim for the deprivation of parental rights of the father or mother (model): procedure, procedure, documents, public order, alimony, judicial practice - grounds and reasons for the deprivation of parental rights of the father or mother

A maintenance payer may, in the event of a debt, apply to the bailiff and explain the reasons for the delay in payment, but if the delay is due to exceptional situations, the alimony payer may apply to the court for a reduction or cancellation of the debt.

Reasons and faults of the late payment of maintenance

If no action is taken with regard to the delay in the payment of child support, the contributor may afford not to pay for the child ' s maintenance for a sufficient period of time.Response to late paymentThe applicant clearly needs:

  • By personal contact with the debtor and clarification of the cause (if possible);
  • By notifying the bailiff conducting the execution proceedings.
  • In determining the cause of the delay, consideration should be given to the factorWhether or not the payer is guilty:: Whether it intentionally missed a further payment, or whether there is third-party fault or present (exceptional) objective circumstances.
  • The debtor can only be held liable for non-payment or multiple omissions if the debt has been createdAccompanied by the maintenance agent ' s fault.
  • If maintenance is delayed in the absence of the debtor ' s fault, it may be completely or partially exempted from payment of the accumulated debt, or liability for non-payment will be incurred as determined.Other perpetrators.
  • The debtor is guilty of late maintenance in the following cases:
  • The loss of a job (by downsizing or self-involved) does not relieve the parent of the maintenance of the child, nor is it a valid reason for missing maintenance payments;
  • The impossibility of finding employment - during the period of job search, it is necessary to register with the Centre for Employment of the Population (CLE) at the place of residence and to pay alimony from the unemployment benefit;
  • Secondary illness, retirement, disability 2 and 3 groups also do not exempt from child maintenance;
  • Other material obligations (credits of any amount, fines, taxes, etc.) will not be considered as valid reasons since the obligation to pay maintenance for a minor childis a priority.;
  • The availability of other children (including those with other maintenance obligations) is not the reason for the non-payment of child support - all children must be provided equally.

In what cases is the alimonyer not guilty?

The absence of the debtor ' s fault in the omission of payments is indicated by:

  • The circumstances of irresistible force: the presence of man-made disasters or natural disasters or military conflicts in the zone;
  • The facts of the serious illness of the payer himself: surgery, hospitalization, sudden acquisition of disability, etc., and death or serious illness of his close relatives;
  • Serious life situations in the debtor ' s family: e.g. fire, etc.;
  • Fail to pay by fault of third parties:
    • The employees of the bank during the transfer of funds;
    • Post office staff (in the case of cash transfers by post);
    • Staff membersthe accounting profession of the enterpriseat the payer's place of work - in this case, officials whose actions or omissions have caused a delay in maintenance may be held liable.

What do you want to do to the payer when you're late?

If the person under maintenance fails to pay and the act is not committed intentionally, but for good reason, he or she must make contact with the recipient of the funds or the bailiff.the origin of the debt:

  • If, for example, wages are delayed in the workplace, a certificate of justification can be obtained from the accounting office and made available to the bailiff;
  • In the event of a serious illness, the grounds will be documents from the hospital or from the attending physician indicating the diagnosis;
  • In the event of an error or delay in bringing the funds to the recoverr by the bank employees, the receipt of the bank transfer, etc., will be proof of the date of dispatch of the funds.

A bailiff may not be released from payment of the debt, but he may take an explanation from the debtor that a delay has occurred and for a period of time he may not be held liable for non-payment.

  • Answer a few simple questions and receive a collection of site materials on your own occasion.

If, however, payments are overdue not once, but on the basis of respectable exceptional circumstances,The debtor has the right of recourse to the courtwith a claim for partial or full debt relief under article 114 of the Family Code of the Russian Federation.

In any event, it would be better for the payer, if the delay occurred, not to hide from the applicant and the bailiff, so as not to provoke the imposition of penalties for malicious evasion of child maintenance.

What do the recipient do if the alimony is delayed?

The payment of maintenance consists mainly of wages (retained by the employer by court order or by the payer himself under a notary agreement), so the recipient parent is usually guided precisely by the date of receipt of the money.

For example, if the wage is paid to an employee on the 1st of each month, the alimony must be paid to the claimant no later than the 3rd, i.e. within a three-day period (according to the requirements of article 109 of the UK), and under the maintenance agreement, the money must be received in accordance with arrangements certified by the notary.

In the event that the recipient has not received maintenance within the prescribed time limit:

  1. For starters, wait for some time.1-2 weeks) It is possible that this delay is of a technical and unintentional nature, such as:
    • Relocation (transfer) of wages;
    • An error in accounting at the payer ' s place of work;
    • Bank, post office (in the case of postal transfers), etc.
  2. If maintenancenot more than 2-3 weeksthere is a real cause for concern and a need for concrete measures in the form of visits to the bailiff section.

If alimony recovered through court is delayed

The simplified rules for the payment of maintenance ordered by the court are as follows:

  1. The court will collect alimony from the payer.
  2. The executive list shall be handed over by the bailiff to the place of work of the maintenance worker.
  3. The claimant begins to receive monthly child maintenance payments.

What should be done when payment is delayed for more than two to three weeks?

  1. Report non-payment (i.e. delay in the court-ordered payment).
  2. Find out that the payer is known to the bailiff himself (maybe the payer notified the executive of the dismissal or reduction from the job, or that he is in a difficult financial or social situation, etc.).
  3. In the event that the bailiff is not aware of the debtor ' s dismissal from his or her job, the applicant may independently request a review of the accounting records of the enterprise in which the debtor is employed for the correct retention payments and payment dates.
  4. If necessary, an application should be made for the resumption of enforcement proceedings (if it has been terminated by execution).

The applicant should bear in mind that recourse to the bailiff is necessarystrictly on reception days and with an identity document.

Non-participants (grandparents, aunts and uncles of the child, etc.) are not parties to the executive proceedings.

) do not have the right of access to material and information relating to the execution proceedings without a notarial power of attorney.

Conducting an audit of the debtor ' s place of employment

A model application for an audit of the accounting system with respect to retention of maintenance from employees can be viewed below or downloaded by reference.

To the Office of the United Nations High Commissioner for Human Rights in the region of KrasnodaraKrasnodar, Turgeneva Street, D. 111

Vyalicko Svetlana YurievnaKrasnodar, Mira Street, 11th, tel.

Application for a review of the accounting records of the enterprise at the place of employment of the payer, Vjalicko Sergei Eduardoović, to determine whether maintenance payments are correct

Platier Vjalicko Sergei Eduardowicz on the basis of a court order of 12.10.

2008 is obliged to pay monthly alimony for the maintenance of the minor daughter, Vjalicko Yekaterina Sergeievna, born in 2006, in the amount of 1/4 per cent of the income.

At the same time as the previous job, Okeyan OS paid a maintenance fee of 5,000 rubles on time and on time, at a salary of 20,000 rubles after taxation.

After leaving the designated workplace, the payer was employed as a new driver of Krasnodar's medical network, "Be healthy." As a result, the monthly child support was reduced to 2,000 rubles per month.

The SMIC should be 11,280 roubles, given that a quarter of the maintenance is 2,000 roubles, it can be concluded that the debtor ' s employment enterprise pays wages below the established minimum wage.

In accordance with article 12 of Federal Act No. 118-FZ of 21 July 1997 on bailiffs, articles 50 and 64 of Federal Act No. 229-FZ on execution proceedings,

♪ I'll be right behind you ♪:

  1. To inspect the enterprise, the Krasnodar Medical Network, "Be healthy" for the payment of wages to employees below the established SMIC.
  2. Inform me, as a recovery party, of the results of the audit.

Support did not come to the map: Why and what to do?

The higher the mother ' s dependence on the father ' s income, the more worrying it is that payments are delayed, and if maintenance is the only source of income for the mother and child, then even a minor delay jeopardizes the well-being of the family. Sometimes alimony does not come at all. And mothers are lost in guesses. What is the reason? What do you do in such cases?

How and where exactly should the father send the money?

If the father is officially employed, his employer (and, more specifically, the employer ' s accounting) will deposit the money in an account or in a maintenance card. In order for the procedure for sending the money to the child ' s name to begin, a potential recipient must send documents such as:

  • Executive paper;
  • a statement (it must include the details of the account in the beneficiary ' s bank, the applicant ' s FIO and other data from the claimant ' s identity document).

If the father took care of the payments himself, he needed to find out where they should be implemented, usually the mother with whom the baby remained agreed to receive the funds on the map.

They often ask how much alimony goes on the Sberbank's activated card? Experts say: money goes within three days, but often the recipient's account is received within two hours of the operation.

If a mother spends it on herself and the father suspects a violation of the rights of the child, he may request a payment of 50 per cent of the benefit directly to the child ' s account.

The court will support the father ' s initiative with regard to the question of the child ' s eligibility, provided that the amount of the father ' s benefit is higher than the two minimum subsistence allowance for the child.

50 per cent of the child ' s allowance will be listed on the child ' s map only after the relevant court decision.

To download a sample of a claim for maintenance through bailiffs

In some cases, if the marriage is dissolved peacefully, a maintenance agreement may be signed between the ex-husband and the wife, specifying the fact that the father has contributed 50 per cent of the child benefit to the child ' s account.

Child maintenance allowance may also be paid in other ways.

  • Transferred from hand to hand with cash (in which case the alimony holder must fill out the receipt of the money);
  • is transferred to an account with a banking organization which has been opened by the guarantor;
  • Received by the claimant in the cashier ' s office of the company where the father is employed;
  • sent by post.

Lesses and pros and cons of the bank card benefit

Plus, the father's self-sent child benefit on the mother's bank card is a lot:

  • This option is convenient because it takes a few seconds (through the bank's online cab, the money can be transferred from the card to the alimony card in less than two minutes);
  • The payer will monitor the frequency of payments and know the exact amount sent.

The minutes in this case are as follows:

  • The father must retain all checks confirming that maintenance payments have been made (if not, the receiving party may declare that the benefit to its card account has not been transferred);
  • The commission for the operation falls entirely on the funder ' s shoulders.

Adds and minuses to the payment of the child benefit through the employer

This method is appropriate because the bookkeeping itself will calculate from the father's salary a certain amount of the child's mother's allowance.

The downside of this method is that the father will not be able to control the amount of the payment (there are rare cases where the bookkeeping is wrong with the amount of the contribution to the mother).

Features of the payment of the benefit through the post office

This method is usually used by those claimants who live in rural areas where there are no ATMs, but there is a post office.

It's easy to get money through the mail, because this way of getting money is never called into question by bailiffs.

But this option has a serious minus – postage tariffs are high (more than the bank commission), so the payer will have to accept such a significant disadvantage.

When sending a post, the father must indicate the recipient's ISI, its exact details and the exact amount of the money transfer.

In order to carry out the translation, the child payer must present his passport to the post office.

Why didn't the alimony come to the activated Sberbank map?

Sometimes there's a situation where the husband's mortgage payer's money was deducted, and they never came to the active card of their wife.

In such cases, it makes sense to refer first to the employer of the husband, or more specifically to the accountant who made the payments.

If the accountant proves the transfer of funds, the beneficiary (i.e. the child ' s mother) will have to go to the bank because it is he who will be suspected of the violation.

This is not the case if the father has evaded maintenance and the bailiffs have forced the employer of the husband to provide financial assistance to the child ' s mother, in which case the first step is to contact the bailiff, who will be responsible for the recovery of maintenance, and he will require payment from the employer if the enterprise has not provided them on time.

There have been cases in which bailiffs have been held, so if the money hasn't arrived, you should contact the bailiffs as soon as possible.

In this case, it would be useful to apply to the SWAps of Russia ' s OFSP and to submit two copies of the application.

As a result, the question of why maintenance is not at stake will be quickly resolved in favour of the recipient of the child allowance.

Conclusion

Now you know all the pros and cons of the most common options for the payment of maintenance, and also because of this article, you have learned about what to do if maintenance comes between the cards of the payee and the payee.

Questions and answers

1. My husband and I have decided to draw up and sign a voluntary maintenance agreement.

- Yes, this document will be valid if it is notarized.

2. What if my husband was obliged by the bailiffs to pay me alimony to support our common child by mail (which I had previously done), but now I would like to get money from a bank account?

In that case, there's a point in making a statement to the bailiff's office, and it's the bailiffs who can influence the situation.

The official details of the bank account should be included in the preparation of the application.

If the bailiffs take a positive official decision, the accountant ' s payer ' s account will soon learn about it and the disbursement of funds will be made in a convenient manner for the recipient of the money.

3. As a alimony worker, the bailiffs ordered me to pay child support, and I'd like to understand that alimony is deducted from the salary before the bookkeeping makes the tax deduction, or after the deductions have been made?

- Maintenances are calculated from the amount of the salary after the accountant has made all the deductions from the employee ' s official income.

There's no alimony where to go.

The perpetrator of the accident doesn't want to pay for your treatment?

But remember, if the pre-trial period of 3 years has passed, we will not be able to recover, the guilty have been sentenced to 4 years' imprisonment with a moral damages of 60,000 rubles, only CYFRIA in Moscow today is about 15,000 maintenance workers who are "wanted" by the bailiffs, and then we go to court, and his decision is executed by the bailiffs.

Now, as far as I know, the ex-husband is working, but I don't know where.

In this situation, you have the right to apply to the bailiffs at the location of the organization to which the executive list has been sent, asking them to check for non-payment of maintenance; they have recently been released early and they do not pay the money; what must the son do to enforce the court's decision? Every day the bailiffs catch 20 to 30 debtors.

My ex-husband is prescribed in my apartment, but where he lives, I don't know, the maximum is 70 per cent of my salary.

You need to apply to the bailiffs at the organization's location, but in any case, remember that the executive document has been in effect for three years.

He's not officially working anywhere, although I'm sure he's got his earnings, so you have to apply to the bailiff, who has an executive record. If he's not employed, he'll have to pay 1,729 rubles under the law. "He's obliged to pay that amount regardless of whether he's working or not.

If he doesn't have any other income, he's usually working, although I know that his husband's work is on the executive list, because he's already going to be vetted by the bailiff of the unit in whose territory the organization is. We need to convince the judge that the ex-husband is not worthy of being a parent. - No remuneration is paid to the bailiff.

Zinaida, if your husband is registered with the Pension Fund and pays taxes, he'll be deposed.

There's been a 5 per cent payment of the seven-percent performance fee, but now it's gone. There's no pay for the bailiff, there's no pay, there's no pay, there's a change in the law. With a black salary, it's hard to get the money. Dear Alexander Nikolajevic. My debtor drives a fancy car, lives in an expensive apartment built for other people.

By decision of the Lefortov District Court of Moscow, my son was recognized as a victim under the article "Holiganism with Weapons", and if you have not paid the amount for the entire period, you will be charged for the rest of your life. Andrei Malahina, a 40-year-old child, pulled his disabled mother out of bed five minutes ago.

There's no alimony where to go and that

Debtors break up, and it's incredibly hard to catch them by day.

"We've come to you to describe your belongings," says Ainura, the bailiff.

The man screamed, kicked the cat, and looked around.

They will also leave the money at three times the subsistence minimum (in each region it is different).

But his mother only let one marshal into the apartment, and you can't arrest cattle and pets unless they're grown for sale.

A 23-year-old guy owes his wife more than 10,000 rubles.

And everyone's trying to get away from paying their debts, and after going to Andrea, the court's bailiffs are going to the other debtor, except for jewelry and other luxury items.

" There are thousands of people like Andrei in Moscow, " says a press officer at Moscow's bailiffs, Julia Blotsky. Most people don't live in their propiska or simply open doors. These are clothes, shoes, and other basic necessities.

Although if Dad proves that they belong not to him, but to his family, they will be returned to their family. — They sometimes throw at each other, — they share the features of Einura's work. Personal items that the debtor can't handle. If she can't prove it, the TV will go on sale.

Your mother must provide the court with documents confirming her right to television.

There's no alimony where to go and that

Ask the court to clarify your ex-husband ' s place of work, see if he's got a job in that time, specify if the court has filed a request with the Federal Office for Migration. Please tell me where to file a claim for debt, to the court of his city or to where he lives.

Help me and I, the ex-husband owes alimony to one child since 2003, for failure to pay a criminal case, has been convicted for three years, is deprived of parental rights, is now in arrears of 70,000,000 (seven million Belarusian rubles), he doesn't work, has no property, has no unemployment record, sends me back every three months, makes me a criminal case, has been sentenced for three years, is in arrears, he refuses to repay, the perpetrator says that the fact of payment per month is there: out of this 500,000, 500,000, 500, 000 is in arrears per month, there is no payment and no delay of three months. Help me and I, the ex-husband must pay for one child since 2003, for not paying a criminal case, has been convicted for three years, has been deprived of parental rights, is now in arrears of 70,000,000 (seven million Belarusian rubles), he doesn't work, does not have assets, does not, does not record unemployment, sends me every three months, he himself makes a payment for one child since 2003, has not been prosecuted, he has been partially deprived of parental rights, he is now in arrears of 70,000,000, he is not working, he is not working, he does not, he does not, he does not, he does not have a sum of five thousand times a month, it is a month is a month, it is a payment of a month a month is a fact a month a month a fact a month a payment of a month a month a day a day a day a day a day a day a month a day a month a month a month a month a month a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day a day

Many young parents wonder why children's allowance is delayed.

It is sometimes reported that the benefit has been delayed for six months or more; in order to deal with all these issues, the laws governing child benefits need to be carefully studied.

  • Only then will you know your rights and be able to claim them.
  • The timing of the disbursement depends to a large extent on whether the benefit is paid to you through the employer or directly from the social protection agencies.
  • If this is done by social protection, you can wait for payment the month following the application, but no later than the 26th.
  • When the employer pays the benefit directly, he transfers it on the next day when the employees of the enterprise are paid.
  • But again, the deadline is the 26th of next month.
  • In general, the delay in payments is due to two main reasons.
  • Remittances may be delayed by the Social Insurance Fund, which in turn receives money from the federal or regional budget.
  • In this case, it is entirely the fault of the public authorities.
  • However, as a rule, such delays do not exceed 1 to 2 months and are necessarily paid as soon as regular funding is restored.
  • Another frequent reason is the delay in the employer ' s already listed funds from the Social Insurance Fund.
  • Indeed, in some situations (e.g. when there are more than one employee in the decree) it is possible that the employer simply does not have the necessary funds listed from the Social Insurance Fund.
  • This problem is easily solved — the company simply needs to apply to the Fund for payment of the necessary funds, and the payment will be made within a few days.
  • Another case where funds for child benefits have been transferred but the employer uses them inappropriately.
  • Of course, there are crises in every company, but this is no reason to use child-care funds to solve their problems, leaving the family without the support of the State.
  • It is possible and necessary to deal with delays in the payment of child benefits in this case, as this is a direct violation of the law.
  • The first thing that needs to be done when the money you have been given under the law has not been received is to find out at what time it should be transferred.
  • If there's still time to list them, wait, perhaps in a few days the delay will be eliminated.
  • When a child's allowance is delayed, it always involves a variety of difficulties.
  • Many families, without this support, simply cannot survive.
  • Therefore, it is not necessary to wait — if all the legal deadlines for the transfer of money have passed, action must be taken rather than waiting.
  • Many women who receive child benefits know where to turn if they do not receive the money in time.
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There's no alimony where to go and that

  1. Therefore, it is not necessary to wait — if all the legal deadlines for the transfer of money have passed, action must be taken rather than waiting.
  2. Many women who receive child benefits know where to turn if they do not receive the money in time.
  3. If the employer lists the allowance, then you should start by referring to it.
  4. However, if for a long time you are not given a clear answer to the question of when the funds will be made available and why they will not be paid on time, you can contact your employer in writing to obtain an official answer.
  5. It makes it much easier for you to defend your rights before the public authorities.
  6. In addition, in some situations, a formal request may scare the employer and force you to transfer all the funds you have received.
  7. If the employer does not want to resolve the problem peacefully, you have the right to file a written complaint with the Social Insurance Fund and then bring the case to trial.
  8. Be prepared that this is not a quick matter, but the problem will be solved.
  9. Delays in child benefits are, unfortunately, frequent.
  10. Recently, this situation has arisen quite frequently, as some enterprises are now in a difficult financial situation and are trying to use money for their own purposes.
  11. Since this is illegal, you can request that the payment you are entitled to be paid immediately.
  12. In the most difficult situations where there is no peaceful solution to the conflict, you always have the right to address the problem in a judicial manner.

What do you do if you don't get alimony?

The Code of Criminal Procedure violates the law on execution by the debtor, by failing to comply with the legal requirements of the bailiff, by providing inaccurate information on his rights to property, by failing to report his dismissal from work, on his new place of work, on his studies, on his place of receipt of a pension, on other income or on his place of residence, which entails the imposition of an administrative fine on citizens of between one thousand and two thousand and five hundred roubles; on officials of between ten thousand and twenty thousand roubles; on legal persons, between 30,000 and one hundred thousand roubles; and on legal persons, nothing has been done either.

You will receive alimony in any case, but in the courts, he may reduce the amount of maintenance paid because of the situation.

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The ex-husband didn't pay alimony for one month.

For example, for some time the father made payments on his own and voluntarily, but then, for reasons known to him alone, he stopped..

He may have suspected a misappropriation of funds or received "good advice" to save on a child (which could lead to serious liability, up to criminal responsibility).

Or maybe he lost a major source of income, suffered grief or loss, got sick, or just forgot.

  • The maintenance payer is fired from his job.

If the calculation and payment of maintenance were made at the payer's place of work, it is normal that after the employee's dismissal, this will cease; according to the rules, an enterprise's or an organization's accounting must return an executive record of maintenance payments for all prior periods.

But if an executive note and an application for retention of funds were not filed with the accountant, but rather with the landlord himself, he would take it away, in which case the beneficiary of the maintenance could remain in the dark for a long time.

  • The salary at the place of employment of the maintenance worker is delayed.
  • There was a technical error in the cash transfer.

In accordance with article 115 of the Russian Federation ' s Code of Criminal Procedure, it is assessed at 0.5 per cent for each day of delay and, if the issue of retaliation is dealt with by bailiffs, it is necessary to contact the debtor ' s residence section of the SVF.

If he does not make monthly child support payments to his ex-wife, forgetful or simply unwilling to do so, a great deal of effort will have to be made to make him comply with his obligation and the amount of the debt to recover.

The contract must specify the time limits for the payment of maintenance, so that a delay of one day (subject to the first payment being made at the time of the conclusion of the contract or during the current month) is sufficient reason to apply for assistance.

The higher the mother ' s dependence on the father ' s income, the more worrying it is that payments are delayed, and if maintenance is the only source of income for the mother and child, even a minor delay endangers the well-being of the family. Sometimes alimony does not come at all.

And mothers get lost in guesses, what's the reason, and what do they do in such cases?

If she takes the bailiff's list, your income will be 1/4 in favour of the mother, the fact that the money is put on his son's card is irrelevant in this case.

If your ex-husband isn't cheating and his money is being withheld, the money can be taken away by the employer, and sometimes the father wants to support his children financially, the money is withheld, but it's not paid.

It is important to know that it is not possible to accuse the ex-husband of this situation, to bring him to justice in this case. It is necessary to deal with the employer. It is necessary to talk to the debtor. If the money is withheld by the employer, it must be addressed to him. It is possible that the organization ' s accounting is responsible for the creation of the debt.

If that was the case, a claim could be brought before a court for the recovery of the debts and damages themselves.

Maintenance: five ways to pay and... don't pay.

The ex-husband didn't pay alimony, had to reopen the lawsuit, now he's paying 50 percent for my kids.

Today he remembers that he is a single father (a new partner died of drunkness) with his son, and he gets a pension for his son, and the question is, will I get alimony if he goes to the bailiffs, about his father's clothes?

The money comes in the mail on the 16th. The amount is fixed. 3 months ago, it's 3,000 less, then it's all right again.

In order to do so, a statement should be made to the Department of Internal Affairs, the Public Prosecutor ' s Office or the bailiff ' s office, and the case should be referred to all authorities at once.
The reason why alimony does not come into the recipient's account can be many – beginning with the father's forgetfulness and ending with the inaction of the MTSP staff.

1. You file a lawsuit with the court (you will receive a notice in court or you will be able to find and download the Internet).

The modern justice system, because of its overcrowding, is not always able to explain to the mother all possible actions in the event that the father of the joint child ceases to pay alimony, and we will elaborate on the issues that most often arise in the process of recovery.


All complex proceedings for the recovery of maintenance must be under the supervision of the bailiff, and an executive report issued by the court or a court order shall be issued to the officer in question, who shall initiate the execution proceedings.

He is then obliged to periodically check the payer ' s place of residence for change, see if he has changed his place of work, whether his income has changed, etc.

The work carried out in this way, at least indirectly, prevents the creation of maintenance debts and avoids their payment in a timely manner.

How can I pay alimony if I work informally in 2018-2018?

The compatibility of the Bull and the Monkey on the eastern horoscope promises a couple a happy future, but there are also issues that are important to know in order to preserve harmony and love.

Method 1: Without recourse to the courts, the law allows parents to conclude and notarize a maintenance agreement, which, if not respected, would amount to an executive document of the court.

To begin with, it is necessary to understand the reasons why fathers forget their responsibility to provide material support to their children and do not pay them maintenance from month to month.

If the reason is respectful, when the payee is seriously ill and is unable to work, or if his financial situation is very poor due to difficult life circumstances, it is unlikely that he will be able to recover his debt.

It is often the responsibility of the accountant of the company where the payer works, which is not a matter for the bailiffs, but for the court to make an application, and you should also be called to court.

Applicants who don't get their payments don't immediately understand where to turn if they don't pay alimony, we'll help figure it out.
He's just a hard-on uclrnist. until the lawyer took the case down from the maintenance with the docks arranged... for six years the debt accumulated...

No one is immune to serious illness, no one can find themselves in the grip of a disease, and in these difficult times the queen of heaven comes to help.

Every conscious parent understands the importance of the material component of his or her participation in the child's life, and the State also cares about the performance of his or her parents, both fathers and mothers, and yet, at a frightening pace in modern society, there is an increasing number of cases where the father's alimony is no longer paid.

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A woman in a situation where her ex-husband has stopped paying alimony is lost in the abundance of legislation.

However, the State provides for all possible options in cases where the husband does not pay alimony.

So, the most common reasons for the delay in the receipt of cash payments are:

  • The maintenance payer does not fulfil the obligations entered into voluntarily or imposed by the court.

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The ex-wife filed for alimony, ordered payment of 1/4 of all income, says she's got an executive list, but she's not carrying it to the bailiffs yet, and I'm listing my son on a 2,000-p map. I'm a disabled pensioner of 17,000 p. I need expensive drugs every month. What if the ex-husband takes it to the bailiffs?

I divorced my husband when the child was 3 years old, and for several years he paid maintenance properly, but the money stopped coming in the last two months. I contacted my husband, but he doesn't know anything.

There may be a lot of reasons, in the hospital, or they're holding an z-p, maybe they're quitting, maybe there's something else. If the money comes to you like that, they're gonna have to go to the bailiffs, they're gonna have to raise the performer and they're gonna find out the reason.

If you feel it is appropriate, offer tea or water (if the guest decides that it is unnecessary, it will not be necessary).

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Maintenances don't come: where to turn, what to do if maintenance doesn't come in. Reference to main publication
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