Does the state pay alimony for the debtor?

Family law clearly defines the obligations of both parents in relation to the financial provision of the child’s needs, however, situations often arise in which one of them refuses to fulfill the functions assigned to him. In such a situation, for example, can the mother of a child demand child support from the state if the father does not pay it?

What is alimony from the state?

Alimony from the state refers to monthly payments from the budget of the country or municipality, replenished by collecting established amounts from debtors. Unfortunately, for many single-parent families, this provision is just a draft law that does not in any way affect modern realities.

In 2018, alimony obligations will be collected only from debtors through the circulation of their property at auction, as well as through the imposition of administrative, civil and criminal liability.

Alimony obligations will remain on the conscience of the debtors, since recipients of funds will not be able to count on any good assistance from the state, with the exception of the assistance of bailiffs in finding the defaulter and collecting from him the funds necessary for the life of the child.

Legislative regulation

Alimony legal relations are regulated by the current Family Code, which establishes the types of payments, as well as options for their transfer and general provisions on the amount of funds paid to the recipient.

As for the bill on transfers from the state treasury, if the provisions of this act are introduced, recipients will be able to count on the timely receipt of financial contributions to the account of the mother and child from a special alimony fund. Funds spent on the needs of recipients will be recovered from the defaulter by seizing his property, as well as other means used today to stimulate the closure of debts.

The law on alimony defaulters will also establish other rules regulating the payment of funds to meet the needs of minors.

1. Deprivation of the payer’s driver’s license if his debt exceeds 10 thousand rubles. This measure is already being applied today on the basis of Federal Law No. 340-FZ of November 28, 2015, which established a number of changes to the Federal Law “On Enforcement Proceedings”.
2. The ban on traveling outside the state, which is reflected in Art. 67 of Federal Law No. 229-FZ and is applied everywhere.
3. Fixing the minimum possible amount of alimony either at the subsistence level for minors in the region, or in the amount of 15 thousand rubles.
4. Limitation of the payer’s ability to receive government services until the existing arrears are repaid.
5. Reduction of social guarantees, such as pensions, since funds will be withheld from it to pay off accumulated debt, etc.

In addition to family legislation, an important role is played by legislative acts regulating the activities of bailiffs - the Federal Law “On Enforcement Proceedings” and the Rules for the implementation of the activities of bailiffs in cases related to alimony payments established by the leadership of the FSSP.

Attention!

The bill is at the discussion stage; the specific date of its introduction into the current legislation is unknown. It is also unknown whether these provisions will be introduced at all.

Grounds for receiving payments from the state

If the bill is adopted, the representative or guardian of a minor will be able to receive child support, a multiple of the assigned alimony from the state, subject to a number of conditions.

The conditions for receiving payments from the municipal, regional or state budget will be the following.

• A court decision to recover funds to provide for the needs of a minor.
• Behavior of the payer in which he refuses to make transfers. Concealing one’s location to be searched by bailiffs will be equated to this point.
• No translations for more than six months.
• Wanted notice for a negligent father.

The conditions for assigning payments from the state may include other grounds, for example:

• serving a sentence in various types of correctional colonies without the opportunity to work and, accordingly, withhold the necessary amounts for transfers;
• cases when a ruling or court decision has been made against the payer to prescribe compulsory treatment in relevant medical institutions;
• the child’s father moves for permanent residence outside the country;
• recognition of the alimony provider as incompetent;
• completion of compulsory military service by the payer of the funds;
• impossibility of making transfers under circumstances that do not depend on the will and desire of the payer.

Recipients hoping for this legislation to pass should stay tuned for updates. A clear deadline for the adoption or rejection of the bill has not been established, so the only option in this case is to monitor the activities of the Russian government in the field of alimony legal relations.

How is the size determined?

The amount of transfers that a municipality or a subject of the country will have to pay for the needs of the child has already been established today, and it is from this that the legislator will base himself in determining the amount of transfers made instead of a negligent father.

Currently, alimony is paid in the following ratio:

• 25% of the official income of the payer per minor;
• 33.33% for two children (if children are born from two different women, each of them receives 16.6% of the total transfer amount);
• 50% for three or more minors, interest payments to each child are divided by their total number (for example, a mother of four minors will receive 12.5% ​​for each, but if the debtor has a fifth child, then payments will be cut to 10%, etc).

In the presence of a number of circumstances, payments may be assigned in a fixed amount, which is not fixed by law. Typically, courts are based on the minimum subsistence level for a minor. Therefore, unadopted legislative norms are already partially observed.

The government notes that the maximum amount of transfers from the state treasury, if the father does not pay the required funds, will be frozen at 15 thousand rubles. However, if monetary obligations are assigned in a smaller amount, the mother will be transferred exactly the amount that the court determines.

Required documents

To assign payments from the state treasury, the applicant will need to provide an executive document.

The following are recognized as executive documents:

1. agreement on payment of alimony;
2. a writ of execution issued by bailiffs subject to a court decision of the same name;
3. a court order to collect funds to provide for the needs of a minor.

In addition to this paper, the applicant must be prepared to submit:

• a certificate from the place of residence of the applicant and the minor;
• copies of the applicant's and minor's passports;
• document on divorce;
• birth certificate of a common child;
• a certificate from the bailiffs confirming the absence of transfers for the last six months.

When receiving the necessary papers, it is necessary to clarify the full list with the authorized bodies, in particular with bailiffs, guardianship authorities or social protection of the population at the place of residence.

What payments are made in 2018?

Today, the state reimburses only a small percentage of payments to low-income minor children in the form of a monthly allowance, in accordance with the Federal Law “On State Benefits for Citizens with Children.” The amount of this assistance in Russia depends on many factors, but on average it is about 750 rubles.

In this case, the minimum payment can reach only a few hundred, and the maximum - several thousand. It all depends on the average standard of living in the locality and the specific region of residence.

For low-income families, including single-parent families without any financial assistance from the alimony provider, various benefits are established.

In particular, if you collect the necessary package of documents, the child can eat in a kindergarten or school with partial reimbursement of costs, i.e.

the state will transfer about 50-70% of the required amount, or completely free of charge, these provisions are reflected in the Federal Law of the Russian Federation “On Education” No. 273-FZ of December 29, 2012.

We must not forget about one-time assistance to women who have recently given birth and adoptive parents, which varies from six to seven hundred to several tens or hundreds of thousands of rubles. Maternity capital remains in effect for the period of 2018.

When do payments stop?

If this law is adopted, the person receiving alimony will be provided with:

• 24 years old, if the child is studying full-time in secondary specialized or higher educational institutions (after the expiration of this period, the payer and the state will not have any obligations);
• the moment of complete emancipation of the child;
• the moment of death of the recipient or payer (the law establishes that the guardian of a minor will not be able to count on receiving alimony from the state if the debtor dies);
• adoption of a person by another person, in particular when the mother is married, if her husband expresses a desire to adopt a child.

Currently, alimony payments are not made by the alimony provider if:

• the child has reached the age of majority;
• in the period from 16 to 18 years of age, the minor underwent the emancipation procedure, for example, got married, is able to fully support himself and runs a business;
• the payer or recipient has died;
• the payer is declared incompetent.

The government clarifies that the minimum and maximum payments may be reduced or increased depending on the family circumstances of the alimony provider and the child’s guardian, as well as in case of illness, lack of income and other circumstances in which it becomes impossible to transfer funds or much more is required than was previously assigned .

Unfortunately, changes in legislation in the field of alimony legal relations within the framework of the bill under consideration are specific and practically impossible to implement in modern realities.

The country is going through a protracted crisis; the state does not have the opportunity to provide for single mothers, since according to statistics, about 70% of women with children raise children alone and only 50% of them are regularly paid the required alimony.

At the same time, the bill still has many inconsistencies and shortcomings. Its adoption could result in huge problems both for recipients and payers of funds, and for the country as a whole.

Child support from the state

Many Russian mothers (since most often in single-parent families minor children stay with their mother) are concerned about the question: if the father does not pay child support, can the state pay for him, and where should he go for this? In this regard, State Duma deputies, government officials and representatives of the public have repeatedly spoken out about the need to create a special alimony fund , with the help of which material support would be provided to children who do not receive payments from irresponsible parents.

Unfortunately, there is still no . However, in some regions of Russia, needy low-income mothers and fathers who do not receive alimony for minor children can apply to social protection authorities for an increased monthly child benefit .

In addition, the state is expanding the list of punitive measures against debtors to encourage them to repay their debts.

If the enforcement search for the debtor does not bring success for a long period of time, in 2023 the mother (father) of the child is given the right to apply to the Pension Fund of Russia (PFR) to receive financial assistance.

Does the state pay alimony for the debtor?

On April 3, 2023, a group of State Duma deputies from the LDPR faction proposed an amendment to the Family Code regarding state support for citizens entitled to alimony (draft bill No. 680786-7). Government officials are discussing the possibility of obliging the state to pay alimony to children and other needy categories of persons, starting from the 6th month of absence of payments by the person obligated for alimony.

According to the current legislation, child support can be awarded both in shares and in a fixed sum of money (TDS):

If the child’s mother or father leaves abroad for permanent residence, and no agreement on the payment of alimony has been reached between the parents, the interested person has the right to determine the amount of the TDS in court. The law also gives the right to provide certain property of the payer as alimony .

However, the assignment of alimony payments does not guarantee the receipt of funds into the child’s account.

Vice-Rector of the Academy of Labor and Social Relations Alexander Safonov emphasizes that evasion of alimony payments is a widespread practice. Most often, fathers refuse to provide for their children and do not take part in their upbringing.

According to statistics, in approximately 50 percent of cases, bailiffs cannot find debtors or collect alimony from them.

Law on payment of alimony by the state

Back in 2014, State Duma deputies O. A. Nilov, O. L. Mikheev and S. M. Mironov came up with Bill No. 489583-6, the purpose of which was to expand guarantees for children to receive alimony payments.

In particular, it was said that the amount of funds collected per child should not be lower than the subsistence level in the region of residence .

An exception could be difficult life situations of the alimony payer:

• disability;
• establishing the fact of serious illness;
• the need to care for a sick or incapacitated family member, etc.

In addition, deputies considered the possibility of creating a state alimony fund , from which payments would be made to needy citizens if they did not receive alimony. Unfortunately, the bill was rejected by the State Duma on July 5, 2017 and has no legal force .

There are debates in society about the advisability of making compensatory alimony payments by the state for the debtor.

On the one hand, the project corresponds to state policy and will be aimed at protecting the interests of motherhood and childhood - one of the most socially vulnerable groups.

However, shifting the responsibility of able-bodied family members to the state can have a number of negative consequences.

Alimony fund

The idea of ​​creating an alimony payment fund in Russia has been discussed by government officials for a long time. It was assumed that the purpose of this structure would be to change the mechanism for paying alimony . At the moment, the claimant cannot receive funds until they are paid by the debtor.

If an alimony fund is created, then if there is a debt, funds for the child (or other disabled dependent) of the defaulter will be allocated from it. Thus, the alimony holder will no longer owe money to the collector , but to the state, which has more powerful leverage over debtors.

If the bill had been adopted, most likely, the state would have stopped compensating for child support in the same cases as when it was paid by the person obligated to pay it. These factors are regulated by Part 2 of Art. 120 of the Family Code of the Russian Federation:

• in the event of the death of one of the parties (payer or recipient of financial assistance);
• the son or daughter of the payer reaches the age of majority or the child acquires full legal capacity;
• upon the fact of adoption of a child for whom alimony was paid;
• expiration of the terms of the notarial agreement or the occurrence of circumstances that are the reason for its termination.

The adoption of a law on the creation of an alimony fund would allow women and men who do not receive alimony from their second parent for a long period of time to count on receiving compensation from the treasury. So far, no corresponding amendments have been made to the Family Code, and in 2023 there will be no alimony from the state .

What does the state do if a parent does not pay child support?

Guardians with whom minor children live do not have the right to receive alimony from the state if the debtor fails to pay it. However, the authorities have developed a number of effective measures by which the Federal Bailiff Service (FSSP) influences defaulters and forces them to repay the debt .

However, if certain conditions are met, citizens can count on material compensation from the state in the event of non-receipt of alimony. In particular, the right to receive increased child benefits , taking into account the criteria of his need. This method is suitable for low-income citizens with children under age.

Conditions for receiving benefits

The amount of preferential payments, the timing and frequency of their appointment are established and regulated by each subject of the country individually (Article 16 of Federal Law No. 81-FZ of May 19, 1995). However, there are general principles according to which benefits can be increased:

1. The recipient of alimony must be recognized as low-income, that is, the average monthly income for each family member must not exceed the subsistence level.
2. The claimant has a writ of execution or a court decision in his hands.
3. The alimony holder is hiding and (or) not fulfilling his financial obligations.
4. Accumulation of unpaid debt (on average, about 6 months).

Monthly payments may also be slightly increased in cases where the child’s parent :

• is undergoing military service;
• does not pay child support for the following reasons:
• evades payment of alimony;
• serving a prison sentence;
• undergoes compulsory treatment;
• is wanted.

The duration of payments is established by the authorities of the constituent entities of the Russian Federation . For example, in the Bryansk region, funds are paid until the age of 16, and if the child continues to study in a general education organization, then until the age of 18.

The amount of benefits also varies and can range from several hundred to several thousand rubles . To clarify official information about the amount and duration of payments, you must contact the social protection authorities . In some regions there may be no surcharge.

How to get benefits for non-payment of alimony

To receive “children’s” benefits, the legal representative of a child whose parent does not pay child support must contact the social security authorities at the address of residence and provide the organization’s employees with a package of the following documents:

1. Application for child benefit.
2. Child's birth certificate.
3. A certificate confirming that the child lives together with the parent who wishes to receive the benefit.
4. Certificate of salary for each family member - to confirm low income and need.

Depending on the circumstances, the following evidence is required that payment of alimony is not carried out or is impossible :

• information from the bailiff service that the location of the debtor was not established at the time of applying for increased benefits;
• a certificate of the location of the debtor: from the place of deprivation of liberty, from a medical organization, as well as a document confirming that the alimony holder does not have earnings sufficient to fulfill the court decision;
• information from the military commissariat about the conscription of the child's father for military service.

The list of required documents can be expanded: for example, sometimes a divorce certificate is required. Up-to-date information should be obtained from the social security authorities in the locality of residence.

In this case, the recipient of assistance will need to periodically confirm their low-income status so as not to lose benefits. If the relative starts paying child support again, payments from the state will also stop.

Compensation for child support from the state if the parent is wanted

If the executive search for the alimony debtor does not bring results within 1 year , the recipient of financial assistance has the right to go to court to recognize the payer as missing. If the judge makes a positive decision in the case, the child whose missing parent will be entitled to receive a survivor's pension instead of child support.

On March 7, 2018, Vladimir Putin signed Federal Law No. 48-FZ, amending Art. 278 of the Civil Procedure Code (Civil Procedure Code) of the Russian Federation.

Thanks to these amendments, when considering a case on declaring a citizen missing, judges have the right to request information about the wanted alimony worker directly from the bailiff conducting the proceedings in the case.

Previously, only internal affairs bodies, which were not involved in providing information about alimony debtors, could confirm information about the impossibility of finding absent citizens. This created a hopeless situation that prevented people from receiving a pension instead of alimony.

Children whose fathers (or mothers) are missing are equated to citizens who have lost their breadwinner , according to Part 1 of Art. 10 of Federal Law No. 400-FZ of December 28, 2013. Consequently, they have the right to material support from the state in the form of an appropriate pension.

It is paid until the age of 18 or 23 , if the child is studying full-time (full-time).

Thus, responsibility for the financial support of a child, one of whose parents is missing, does not fall solely on the shoulders of his mother, father or other guardian.

How to get a pension instead of alimony in 2023

After 1 year of unsuccessful search for the alimony holder, the bailiff is obliged to:

1. Call the recipient of funds for an appointment.
2. Explain to him the procedure for filing a claim with the district court to declare the debtor missing.

If, for some reason, the bailiff does not call the collector after a year of fruitless searches for the debtor, the recipient can independently visit the official and demand clarification from him about the procedure for declaring the alimony provider missing .

List of documents submitted to the court to recognize a citizen as missing:

1. Statement of claim.
2. Plaintiff's passport.
3. A copy of the court order or court decision on alimony.
4. A copy of the resolution on the amount of alimony debt - as confirmation of unfulfilled alimony obligations.
5. A copy of the resolution on placing the debtor on the executive wanted list.

If the claims of the alimony recipient are satisfied, the court’s decision to recognize the defaulter as missing will become the main basis for assigning a pension instead of alimony . The legal representative of the child will need to contact the regional division of the Pension Fund of the Russian Federation and clarify with government agency employees the further procedure for obtaining the required pension.

Recognition of the alimony provider as missing entails serious sanctions for him. If a negligent parent is found, he will subsequently be obliged not only to repay the debt to the state represented by the Pension Fund of Russia, but also to continue to pay child support for the minor child.

Debtor's liability for non-payment of alimony

Family, executive and administrative legislation defines a wide range of effective measures to influence debtors. The application of penalties should encourage alimony payers to repay the debt. The methods used by bailiffs include:

Fine:

• Articles 17.14 and 35.1 of the Code of Administrative Offenses (CAO) of the Russian Federation provide for fines from 1,000 to 20,000 rubles;
• according to Part 2 of Art. 115 of the RF IC, the recipient of alimony payments has the right to recover from the debtor a penalty in the amount of 0.1% of the debt amount for each day of delay.

If you have a debt of 10,000 rubles. It is possible to suspend a special right – the debtor’s driver’s license .

Ban on travel outside the Russian Federation.

Seizure of funds and property of the defaulter, and also provides for the possibility of foreclosure on the property of the defaulter. This means that the debtor’s property and money located in banks can be withheld and allocated to pay alimony debt .

Putting the defaulter on the wanted list.

Deprivation of alimony parental rights.

Involvement in compulsory work for up to 150 hours.

Administrative arrest – from 10 to 15 days.

, criminal penalties may be applied to a citizen :

• correctional or forced labor;
• arrest up to 3 months;
• imprisonment for up to 1 year.

Criminal liability (maximum sanction) occurs if administrative methods have already been applied to the alimony defaulter, and they did not bring results .

In accordance with the law, sanctions will be applied to the alimony provider only if the debt arose through his fault. Otherwise, the citizen may be exempt from paying the debt .

Alimony from the state in 2023 - if the father does not pay, how to get it at the expense of the child in Russia

According to the Family Code of the Russian Federation, Article 80, parents are obliged to fully support their children, even if they do not live with the children or do not live in a joint marriage. But in practice this is not always observed.

The most vulnerable are single mothers who must receive alimony. Often, even with the help of the court, it is not possible to get the child’s father to pay for his maintenance.

However, this is required by law. If the father, even after a court order, refuses to pay child support, the mother may request to receive child support from the state.

General points

Today there is a project for which a separate fund has been created for single mothers. If alimony is not paid, the state pays benefits to support the family.

After a divorce, the mother can receive monthly government payments only if the child’s father maliciously refuses to pay alimony for his maintenance, contrary to Article 83 of the Family Code.

The monthly amount from the fund must be equal to the amount ordered by the court. However, the amount should not exceed 15 thousand rubles per month.

Required terms

There is a minimum amount paid by the state, but in each region the lower threshold is set separately depending on the current subsistence level.

The region in which the child lives is taken. Such measures have been taken to prevent the father’s income from being deliberately understated or concealed.

The money paid from the state budget as alimony will be collected from the current persistent defaulters. The state will not stop determining their work and location.

What is their purpose

State child benefit is paid only in one case. If there is a writ of execution to collect money from the defaulter, and he regularly evades payment.

Moreover, non-payment must last for at least 6 months in a row. There are situations when a debtor who evades payment of alimony dies. Then all obligations of the state to pay money for it cease.

Payments can be received until the child reaches adulthood. Law on additional assistance to citizens with children.

To do this, the woman must prepare documentary evidence of her father’s tax evasion and submit it to local authorities. After their consideration, the amount of financial assistance per child received from the state should be increased.

But before you go to the authorities with documents, you need to make sure whether such a law is provided for at the regional level.

Legal grounds

A project to support single mothers helps maintain their financial situation and ensures a normal existence for a child whose father refuses to pay child support.

The only legal basis for the payment of alimony from the state is a judicial act that has been accepted for execution. And so, the key questions of such a procedure are as follows:

Cash for assistance payments to single mothers	allocated from the regional budget
The payment amount should be like this	Which was indicated by the court in the judicial act on the payment of alimony from the father
Right to receive government payments	Received by children whose fathers are wanted and hide all types of their income in order to evade payment

Each case is individual, and individual reasons may also affect the provision of government assistance.

The following life situations may arise:

1. The debtor was convicted and is serving his sentence in prison. There at the moment he has no opportunity to earn money.
2. The debtor, by court decision, is undergoing compulsory treatment.
3. The defendant lives permanently in another state.
4. The court found the defendant incompetent.
5. The debtor is urgently called up for military service.

In general, any case where the defendant is not responsible for the circumstances that prevent him from paying the funds is taken into account.

Does the state pay alimony for the debtor?

Many people do not know whether it is possible to receive alimony amounts at the expense of the state if the location and residence of the father is unknown.

And does the state pay in cases where he simply shirks his duties? How will debt collection occur?

The state does not assume full responsibility for paying alimony instead of the debtor. It does not pay child support in full.

However, the authorities will not ignore single parents. They are paid a monthly (alimony) allowance. Local authorities set the amount of benefits independently.

Moreover, the amount of this benefit increases by exactly 50% if the parents or one of them does not pay child support or payment is impossible for reasons beyond the control of the debtor.

Reasons for receiving assistance in Russia

State benefits act as temporary alimony. Therefore, such payments are often called alimony from the state.

Payments are made if the citizen has such evidence as:

• alimony agreement;
• court order for monthly payments;
• performance list.

Such evidence is required; only then will the defaulter be recognized as maliciously evading and will bear full responsibility under Article 157 of the Criminal Code of the Russian Federation.

If the parents only verbally, without a trial, agreed on payments, then it is impossible to reliably determine whether the debtor is paying the money.

Therefore, you should not expect that a citizen will receive payments from the state based on trust alone.

If the father, while under arrest or in any other situation beyond his control, still wants to provide financial assistance to the child, he must sign an agreement to pay child support.

Then the mother, who is already receiving state. the benefit can count on additional payments based on a writ of execution or a court order.

To obtain one of these documents, you need to contact the court in person at your place of registration and submit an application.

It is also possible for a lawyer to collect alimony payments. Then he needs to issue a power of attorney for this, namely an executive document.

After receiving the writ of execution, you need to go to the social authorities. protection. There you need to submit all documents that confirm that:

• in the locality (name) there is a child with the right to receive child support;
• the child has a parent who is obliged to pay money for his maintenance;
• the parent evades payments due to the above circumstances.

The state has the right to return the benefits paid on all grounds. And they collect this amount from the evading debtor.

Moreover, in addition to the entire amount, a 10% surcharge is added to compensate for the costs of the activities of municipal authorities, which were looking for the debtor and at the same time preparing documents and certificates for paying benefits.

Deprivation of a father's parental rights cannot be grounds for termination of alimony payments, as specified in Article 71 of the Family Code of the Russian Federation. In any case, the child will receive government assistance, which he is entitled to until the age of 18.

How to fill out an application

The application form for alimony can be downloaded here. Such an application can be drawn up on the spot at the social protection authorities, it is suggested that you fill out a form or draw it up in free form. In any case, the social authorities defense must provide a sample.

How to get compensation if the father does not pay

If the child’s father deliberately does not pay child support and there is no way to reach an agreement with him, it is necessary to file a lawsuit. Then the complex process of sorting things out, attending meetings and demanding legal payments through the courts will begin.

If bailiffs work conscientiously, then maybe they will be lucky to be content with a meager percentage of the social salary.

If the debtor hides after applying to the courts, does not come to meetings and hides his place of residence and income, the court usually passes a verdict without him. And only then should you contact the social protection authorities with this verdict.

There, in order to receive compensation, you need to provide an application and the corresponding package of documents:

1. The above application for benefits.
2. A copy of the identity card of the parent with whom the child lives permanently.
3. A copy of the birth certificate of a child or several children.
4. A copy of the divorce certificate from the debtor (if the spouses are divorced and if the citizens were married).
5. Documents confirming the amount of wages (lack of income).
6. A copy of the document that confirms the parent's guardianship of the child, if guardianship exists.
7. A document indicating that the child is registered with the applicant.

This list may vary depending on the situation. For example, if this is required, you will have to provide:

Documentary evidence	That for a month, search activities against the deliberately hiding debtor did not bring results. You can get such a document from the bailiff service.
Certificates from the Federal Migration Service confirming	That the parent is in another country on a permanent residence basis
Document from the relevant institution	That the debtor has been forcibly sent for treatment, is serving a sentence or is under arrest

But there is no need to hope that the state will pay alimony. What if alimony is not paid, the state reimburses it, but indexation occurs according to Article 117 of the Family Code of the Russian Federation.

But in fact, single parents receive payments for their child, and their amount is set by regional authorities.

What is the difference in the payments received?

Of course, in 2013, a bill was considered that would help mothers raising children on their own.

It stated that if the father of the child is a persistent defaulter who deliberately evades alimony, then the mother will receive this same alimony from the state.

But this bill never came into force. Instead, mothers receive monthly compensation.

All Family and Tax Code standards must be strictly adhered to. Then the defaulter will be punished, and the child will receive the payments due to him.

If you do not provide all the evidence, the state will not pay benefits. Therefore, all documents regarding non-payment must be prepared in advance.

Child support from the state if the father does not pay in 2023: latest changes in the law

The obligations of parents to support minor children are enshrined at the legislative level. Even after a divorce, each parent is obliged to provide financial support to the children.

But often mothers left with children cannot obtain child support payments from fathers. Even going to court doesn't help.

If the father does not pay child support, the mother can contact representatives of the social security authorities and formalize the receipt of child support from the state.

The most important principles of the proposed amendments are:

1. The amount of state assistance for failure to receive material support from a parent should correspond to the amount of alimony assigned voluntarily or compulsorily. In this case, the smallest amount of benefit should be equal to the level of the subsistence minimum in the region where the minor lives.
2. It is proposed to pay benefits for missing alimony from regional budgets.
3. Recipients of the benefit are proposed to be children whose fathers are in hiding or are unable to fulfill child support obligations.

At this time, the amendments have not yet been adopted. Today, the current law that allows you to issue state benefits for the maintenance of dependents is Federal Law of the Russian Federation No. 81. In accordance with Art. 16 of the law, women who do not receive alimony payments from their father can count on state assistance. The state partially compensates such families for lost alimony payments.

The amount of compensation is determined by each entity independently. To receive an increased state benefit, it is enough for the mother to present to the social support authorities documentation proving the lack of financial support from the father.

When can you get help from the government?

The availability of government support depends on the following factors:

1. The mother must have documentation confirming the appointment of alimony payments voluntarily or compulsorily (alimony agreement, court decision).
2. The mother will need to prove that the father does not pay child support or is hiding. You must contact the FSSP for the relevant document.
3. Alimony payments must not be made for 6 months or more.
4. The alimony payer must be put on the wanted list.

A mother with children can count on government assistance in the absence of child support payments from the father and in cases where his location is known. To do this, you will need to meet one or more conditions:

• the father refuses to financially support the children and avoids obligations in every possible way, avoiding meetings with bailiffs;
• the father is in prison (prison, colony);
• the ex-spouse, obligated to pay alimony, is sent to compulsory treatment by court decision;
• the alimony payer left for another state for permanent residence;
• by a court decision the father is declared incompetent;
• the father’s health condition deteriorated, a disability group was registered, as a result of which he lost his ability to work;
• the alimony payer serves in the Armed Forces on active duty;
• the ex-spouse is unable to provide financial support to the children due to factors beyond his control.

If one of the above circumstances exists, the mother has the right to go with a package of relevant documentation to the social protection department at her place of residence. Based on the evidence provided, the authorized employee will issue an increase in child benefit as compensation for unpaid alimony.

Duration of government support

The country's legislative acts do not determine the duration of payment of social benefits for children left without parental support. Each case is considered individually by a social security worker.

Representatives of the municipal government will suspend the payment of the increased child benefit if the following circumstances occur:

1. The alimony debtor was found by bailiffs or the recipient of alimony payments. The father will be forced to provide financial support to minors. In addition, he will have to reimburse the budget costs for the payment of increased child benefits.
2. The child has turned 18 years old. That is, he became an adult. State support is interrupted if the child is recognized as legally competent before reaching adulthood (entered into a marriage relationship, got a job).
3. The child was adopted by the mother's new husband.
4. The reasons that served as the reason for granting benefits have lost their relevance.
5. Death of a child. In this case, any payments for him will cease. If the alimony payer has died, then the mother should contact the social security department to apply for a survivor’s pension.

Amount (size) of benefit

Today, 2 methods are used to determine the amount of benefits that compensate for alimony payments. The use of one of them depends on the previously assigned method of payment of alimony:

1. If alimony payments must be withheld in proportion to earnings, then the amount of the benefit is determined as the difference between 0.5 of the subsistence minimum per child in the subject of residence and the total income of family members for the previous 6 months. At the same time, the income of citizens who are fully supported by the state is not taken into account.
2. When assigning alimony in a fixed amount, the difference between the fixed amount of alimony payments and 1/3 of the subsistence level of minors in the subject of residence is determined.

After the calculations have been made, the child benefit is increased by the result obtained. It is worth considering that state support is often significantly less than the amount of alimony ordered by the court.

When determining the amount of the benefit, the income of all family members is taken into account:

• able-bodied and disabled spouses;
• children under 18 years of age;
• offspring studying full-time in vocational education institutions and continuing to live with the parent;
• a disabled child after reaching adulthood.

Recommendations for assigning state benefits

The following steps are required from a mother who wants to enlist state support in the absence of alimony payments from her ex-spouse:

1. Prepare a document confirming the assignment of alimony payments (court order, writ of execution or alimony agreement). Without them, you will not be able to apply for state benefits. The agreement must be certified by a notary when signed by the spouses. Documentation from the court can be obtained after the decision to withhold child support is made.
2. If there are no alimony payments, it is worth visiting the bailiffs. They must take the necessary actions to search for and collect alimony. If there is no result, then the mother will be issued a certificate confirming the absence of payments for minors.
3. After receiving the above documents, you should prepare some more official papers, after which you can go to the social protection department to apply for social benefits.

If an agreement was concluded between the parents to provide financial support to the children orally, then before contacting government agencies, you will need to submit a claim to the court for alimony. After consideration and satisfaction of the claim, the applicant will be issued a writ of execution. Next, you need to follow the above recommendations.

After collecting the necessary documentation, the woman should go to the social protection department at her place of residence. To apply for benefits, you will need to write an application, attach prepared documents to it and hand over a package of papers to an authorized employee. The application will be reviewed within 10 working days. The applicant will be notified of the decision.

Writing an application

Social security workers will help you write the text of your application. If necessary, they will provide samples and make recommendations. The request must contain the following information:

1. the “header” of the document indicates the name of the organization where the applicant for state benefits applies;
2. Below is the full name of the head of the social protection department and the applicant;
3. address details of the alimony recipient (registration and actual residence);
4. civil passport details;
5. title: “Application for benefits”;
6. Below, the applicant for state support must indicate the type of benefit he is counting on;
7. details of the document confirming the legality of the grant (court order, writ of execution, alimony agreement);
8. information about children receiving alimony payments (full name, date of birth);
9. then a list of documentation attached to the application is provided;
10. The document ends with the date of writing and the signature of the applicant with a transcript.

When filling out the application, corrections and erasures are not allowed. Letters must be legible.

Documents for obtaining state benefits

In order for an application for an increased child benefit to be accepted, the following official documents will need to be attached to it:

• children's birth certificates;
• mother's civil passport;
• certificates of earnings from the place of employment;
• certificate confirming the divorce between mother and father;
• a certificate from the FSSP confirming the absence of alimony payments in favor of minors for six months or more;
• certificate about the composition of the mother's family.

This is a mandatory list of documentation. Depending on your life situation, additional paperwork may be required:

• certificate from the police department stating that the ex-spouse is in prison;
• if the recipient of the benefit is an adopted child or a baby for whom guardianship (guardianship) has been issued, then you will need to attach documentation confirming the indicated facts;
• documentation confirming the alimony payer’s move to another state for permanent residence;
• certificates from the police department certifying that the alimony debtor is wanted.

To determine a complete list of documentation, you should contact social security employees. To apply for state benefits, you must prepare original documents and their copies.

Obtaining state support when the father is wanted

If within 12 months the bailiffs have not found the alimony payer, then the mother can apply to the court with a claim to declare the father missing. If the claim is satisfied, minors receive the right to receive a survivor's pension. During the paperwork process, the court will request information about the debtor directly from the bailiffs.

In accordance with Part 1 of Art. 10 Federal Law of the Russian Federation No. 400 of December 28, 2013, minor citizens whose parents are declared missing by a court decision are equated to children who have lost their breadwinner.

After a court decision is made, representatives of minors can apply for a state pension.

It will be paid until adulthood or until the age of 23 (if the child is a full-time student).

Registration of a pension instead of alimony payments

After 12 months of fruitless searches, the bailiff calls the alimony recipient to explain the procedure for writing a claim to the court to declare the debtor missing. The alimony recipient can take the initiative and talk to the bailiff.

The court will need to collect the following documents:

• claim;
• the applicant's civil passport;
• document on the assignment of alimony payments;
• a copy of a certificate from the FSSP about the accumulated debt on alimony payments;
• a copy of the document certifying the search activities against the debtor.

If the claim is satisfied, then to apply for a pension you will need to contact the Pension Fund. To confirm the legality of receiving benefits, you will need to present a court decision. Next, PFR employees will explain the further procedure.

What can happen if you fail to pay alimony?

Recent changes in legislation in the field of alimony payments have introduced the concept of a malicious defaulter of alimony payments. This concept is understood as a citizen who deliberately evades fulfilling parental obligations to provide for children, avoiding meetings and communication with bailiffs for six months or more.

The following measures may be applied to alimony debtors:

1. Imposition of penalties. In accordance with Art. 17.14 and 35.1 of the Code of Administrative Offenses of the Russian Federation, the fine can range from 1 thousand to 20 thousand rubles. Based on Part 2 of Art. 115 of family law, the alimony recipient can recover a penalty from the defaulter. Its amount is 0.1% of the amount of debt for the overdue day.
2. If the amount of debt has reached 10 thousand rubles, then the alimony payer may lose his driver’s license.
3. Bailiffs may prohibit the alimony debtor from leaving the country.
4. Seizure of property and money of the defaulter. Funds from bank accounts can be used to pay off alimony debt. The property will be sold, the proceeds will be transferred to the alimony recipient to pay off the debt and as current payments.
5. Search activities are announced against the debtor.
6. Deprivation of parental rights.
7. Mandatory work up to 150 hours.
8. Arrest of the defaulter for a period of 10 to 15 days.

If intentional malicious non-payment of alimony is proven, then a criminal case is opened against the debtor:

• the defaulter is sent to forced or correctional labor;
• he can be arrested for up to 90 days;
• sent to prison for a period of up to 12 months.

The debtor is held criminally liable as a last resort. The most severe measure of influence is used if other administrative methods have not brought the desired result.