How is child support debt paid?

Latest questions on the topic: “How is alimony debt paid”

Good afternoon Today, my ex-husband has a child support debt of more than 200 thousand rubles. Can I go to court with a claim to pay off the debt, what is necessary for this and what can I do to get my ex-husband to pay the debt? Thank you in advance for your response!

How is child support debt paid?

Dear Yulia.

Have you ever gone to court before to establish the amount of alimony?

Hello, Julia! Unfortunately, there is not enough information in your question! Therefore, I will offer you several options.

1. Find out from the bailiffs (I hope that you presented the writ of execution for execution) the date of initiation of enforcement proceedings. If today the three-year period of enforcement proceedings has expired (or is expiring), then in accordance with Art.

244 -1 of the Code of Civil Procedure of the Russian Federation, you have the right to apply to the court for an award of compensation for violation of the right to execute a court order within a reasonable time, in which to raise the issue of paying you such compensation, and indexation of the awarded amounts, of course, if alimony is collected on the basis of judicial act.

2. File a claim in court to collect from the debtor, your husband, arrears of alimony payments in accordance with the requirements of the Family Code of the Russian Federation

According to Part 2 of Art.

114 of the Family Code of the Russian Federation, the court has the right, at the request of a person obliged to pay alimony, to release him in full or in part from paying arrears of alimony, if it establishes that the failure to pay the alimony took place in connection with the illness of this person or for other valid reasons and his material and marital status does not make it possible to pay off the resulting alimony debt. Consequently, if your ex-husband provides evidence required by this rule, the court may release him completely or partially from paying the debt.

As for the amount of alimony itself, under the circumstances you indicated, he has no legal grounds to change it, even if he goes to court.

• At the moment, my ex-husband got married, there are no more children, and he wants to apply for a reduction in alimony again. Does it have a chance to reduce
• amount of alimony?

Most likely no. But here you need to look at what reasons he indicates for the reduction.

According to Article 199 of the Family Code of the Russian Federation

1. 1. If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in court, the financial or marital status of one of the parties has changed, the court has the right, at the request of either party, to change the established amount
2. alimony
3. payment, the court also has the right to take into account other noteworthy interests of the parties.
4. 2. The court has the right to refuse to collect alimony from an adult capable person if it is established that he has committed an intentional crime against the person obligated to pay alimony or in the event of unworthy behavior of an adult
5. capable person in the family.

or exempt the person obligated to pay alimony from paying it. When changing the amount of alimony or when being released from it

Can I go to court with a claim to pay off the debt, what is necessary for this and what can I do to get my ex-husband to pay the debt?

Since the court has already established the amount of alimony, there is no need to file a claim. The matter, as far as I understand, is at the stage of execution by bailiffs.

Therefore, to collect the debt, you can only assist the bailiffs in all possible ways. Send requests, provide all known information, try to independently establish the location of the debtor’s property.

Hello, please tell me where I can turn for help if the father of my child (11 years old) pays alimony irregularly and in incomplete amounts, in addition, does not see the child and does not show any participation in raising his daughter. Although he himself lives with another family and “raises” someone else’s child, etc.

I contacted the bailiffs who are handling this case, they said that it is useless to involve him, since he makes the minimum payment once every three months (even though they themselves taught this so that they would have less work). He pays alimony with varying success for the child from his first marriage and from our second marriage. Debt more than 250 tr. for one child and a little more for the other.

How else can you persuade the bailiff to work and not sit through his pants?

How is child support debt paid?

Lawyer: Vladimir Krasnikov

Anna, hello!

Collection of alimony arrears is carried out by bailiffs based on the calculation of alimony arrears in the manner prescribed by Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings.”

In accordance with Article 113 of the RF IC, the collection of alimony for the past period on the basis of a notarized agreement on the payment of alimony (writ of execution) is carried out within the 3-year period preceding the presentation of the specified documents for collection.

In cases where the withholding of alimony on the basis of the specified agreement or writ of execution was not made through the fault of the person obligated to pay alimony, alimony is collected for the entire period.

The calculation of alimony arrears is carried out by the bailiff upon the claimant's application for the calculation of alimony arrears. According to Article 113 of the RF IC, the amount of debt is determined by the bailiff based on the amount of alimony determined by a court decision (court order) or an agreement on the payment of alimony.

The consequences of failure to pay alimony on time are enshrined in Article 115 of the RF IC, according to which, if the debt arose through the fault of a person obliged to pay alimony by court decision, he must pay the corresponding penalty - 0.5% of the amount of unpaid alimony for the day of delay. It is also possible to recover damages from the guilty party in the part not covered by the penalty.

The amount of penalties and losses is included in the calculation of alimony debt. The debt is calculated by the bailiff for the entire period until alimony was collected. In case of disagreement with the calculation, the claimant or debtor has the right to apply to the court with a statement of claim for alimony arrears to change the amount of alimony arrears.

1 of the Code of Administrative Offenses of the Russian Federation, establish temporary restrictions on the debtor’s travel outside the Russian Federation (Art.

67 Federal Law No. 229), and then, if the debtor further evades payment of alimony, with a statement demanding that the debtor be brought to criminal liability (Article 157 of the Criminal Code of the Russian Federation).

If the bailiff fails to act, the claimant has the right to file a complaint with the court in the manner prescribed by the Code of Administrative Proceedings of the Russian Federation.

Anna, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!

Hello! In 2009, I had a fight with my father and, in order to “annoy” me, he filed for alimony, the court ordered me to pay 0.34 monthly wages, I paid regularly, although I live in the same living space with my father, the burden of repairing, maintaining and cleaning the house is entirely on me, he has withdrawn himself and does not participate in the current life of the apartment.

A little over 3 years ago, my financial situation deteriorated significantly, debts appeared on two loans and I stopped paying alimony because... I have no financial opportunity, and my father is not in financial need and receives a pension of 14 thousand rubles. I don't officially work anywhere right now.

What actions would you advise me to take when visiting the bailiff department?

How is child support debt paid?

Hello!

In accordance with the Family Code of the Russian Federation, the amount of alimony is determined by the court based on the financial and marital status of the parents and children . Able-bodied adult children are obliged to support their parents who need help

The decision on the appointment and amount of alimony is made by the court. Therefore, you need to contact the Magistrates Court with a corresponding application.

If the bailiffs have enforcement proceedings against you, you can receive an installment plan to pay the debt. Contact the bailiff service in advance and discuss this issue before the matter comes to forced collection.

An application for granting an installment plan for the execution of a decision must be sent not to the bailiff service, but to the court.

How to pay off alimony debt

Even law-abiding and conscientious alimony payers may fall into debt for reasons beyond their control. Sometimes alimony payers themselves evade payments or transfer amounts less than those established in the alimony agreement or a court decision. It must be emphasized that evasion of alimony payments is strictly punished, but the payer always has the opportunity to repay the debt.

• Attention!
  • Most cases regarding alimony are extremely individual and consist of a very large number of factors.
  • Understanding the legal framework is desirable, but it cannot guarantee a solution to your specific situation.
  • Therefore, you can check any information with our on-duty legal consultants 24/7 and free of charge.
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Most often, such debts arise as a result of:

• intentional actions of the payer, his evasion;
• lack of an objective opportunity to pay alimony, for example, due to illness, family circumstances, loss of work;
• through the fault of the executive service, which did not transfer documents to the enterprise where the alimony payer works;
• due to accounting errors that incorrectly accrue deductions;
• evasion of the alimony recipient, refusal to receive transfers, concealment of his place of residence.

Deadline for repayment of alimony debt

According to the law, if the debt arose due to the actions of the payer, the statute of limitations does not apply to its collection.

To pay off such debt, you can go to court even when the child has already reached the age of majority.

It is also possible to recover alimony from the payer not only from the date of filing the lawsuit, but also for the previous three years, if the plaintiff proves that he took measures to obtain alimony.

How is child support arrears calculated?

There are several options for calculating the exact amount of alimony debt, so the bailiff chooses exactly the method that is suitable in each case. The form in which alimony is assigned and the attitude of the alimony payer himself, his willingness to cooperate with the bailiff, play a role.

How to pay off alimony debt: instructions for the payer

If alimony was awarded by a court decision or the payment procedure is described in a voluntary agreement, the payer is obliged to fulfill his alimony obligations. Otherwise, sanctions may be taken against him, for example, refusal to travel abroad, and even a criminal case may be opened.

If the alimony payer himself wants to pay off the debt that has arisen for some reason, and the amount is known, this can be done voluntarily.

• Transfer funds using Sberbank terminals or a branch of the same bank.
• Pay the alimony debt through a bailiff. To do this, you need to come to a personal appointment and deposit funds.
• For those who do not know how to pay off alimony debt without visiting the bailiff service or contacting Sberbank, there is another opportunity: on the official website of the Federal Bailiff Service there is the option of paying using an electronic wallet. Here you can find out the amount of debt.

Sometimes it happens that the alimony payer has repaid the debt, but the proceedings are not closed. In this case, information about the payment must be brought to the attention of the bailiff: send a copy of the payment receipt by fax or provide its details by phone.

How to pay off alimony debt: what should the recipient do?

When the debt arises through the fault of the payer, the recipient of alimony must take measures to resolve this issue.

When deciding on the payment of alimony through the court, the documents are sent to the bailiff service, where enforcement proceedings are opened. In case of accrual of incorrect amounts or delays in payment, the recipient must contact the bailiff who is conducting the proceedings.

Further actions of the bailiff depend on the position of the alimony payer. If he refuses to pay the debt, the bailiff has the right to restrict the debtor’s travel abroad or to seize his property with further alienation.

In this case, the property is used to cover alimony arrears.

After this, the bailiff is obliged to carry out the calculation and transfer the corresponding decision to the recipient. On its basis, a lawsuit is filed in the world miracle with a request to collect arrears of alimony. In the claim itself or in an additional petition, it should be requested that the court apply measures to ensure its decision.

When considering such a case, the magistrate’s court may not only order the collection of alimony debt from the defendant, but also change the amount of maintenance payments.

After the plaintiff receives this decision, he is obliged to issue a writ of execution. On its basis, recovery may apply to both the defendant’s income and his property – movable or immovable.

Penalty

For delay by the alimony payer in fulfilling its obligations, a penalty may be collected. The procedure for its calculation is described in the Family Code. Such a penalty is 05 percent of the total amount of debt for each day of delay. They collect it without an additional court hearing; this is done by a bailiff.

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The Supreme Court explained who and when can claim alimony debts

The problem of alimony debt is painful, complex and multifaceted. Therefore, the new clarification made by the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation may be useful to many citizens, since for the first time the answer to the question is given - is it possible to demand money from a debtor-parent after many years, when the children have already grown up? It turned out that it is possible and necessary.

The situation that became the subject of the trial is as follows: a resident of Khabarovsk supported her children herself for more than 20 years, without the help of her ex-husband, who did not pay child support. Years later, the citizen decided that the ex-husband was still obliged to pay what he owed.

But local courts and bailiffs did not agree with the citizen’s desire to receive compensation for all the years when she raised children alone.

The officials explained to the woman that her children were already adults, they should ask their father for unpaid alimony themselves, because this money was not intended for the mother, but for the children, who are now grown up and are able to go to court with a claim against the negligent father.

In Yekaterinburg, a child support worker from Norway was sentenced to forced labor

But the Supreme Court of the Russian Federation did not agree with this decision of the local courts and explained how, according to the law, such disputes should be resolved.

Judging by the documents available in the case, a certain citizen in the early 90s, by a court decision, collected alimony from her ex-husband for the maintenance of their common children. But this decision remained on paper. The bailiffs more than once initiated enforcement proceedings, but the would-be father got out of it as best he could and, in the end, never began to pay what was due.

If the father did not pay child support for young children, he will have to repay the entire debt, even if the children have become adults.

The bailiff explained to the woman that the writ of execution is not subject to execution, since children who have reached the age of majority are recognized as civil plaintiffs for the collection of alimony, and not she. It was they who were recommended by the bailiff to go to court to replace the writ of execution.

In Russia it was proposed to create a state fund for paying alimony

The citizen did not follow the advice, but appealed the decision of the bailiff service. In the statement, she wrote that, for more than 20 years, she actually alone had to bear the costs of maintaining the children she shared with the debtor.

Since the appeal did not bring any results, she filed an administrative claim with the Central District Court of Khabarovsk. But there they sided with the bailiffs.

The next instance was the Khabarovsk Regional Court, but failure awaited her there too.

Local courts explained their decision by the fact that the child to whom alimony is owed is actually recognized as the owner of this alimony. Parents in such cases are only stewards of money.

The parent who supported the child has the right to claim compensation for his expenses

According to existing legal norms, the rights of parents as legal representatives terminate when children reach 18 years of age. The Khabarovsk courts unanimously said the following: if the right of a minor child to receive alimony in full was not realized before this age, then after this age he can realize it independently.

And in the Supreme Court of the Russian Federation, where this case eventually reached, the most competent judges in the country stated that the legislation does not provide for such a basis for replacing the claimant in enforcement proceedings as the attainment of majority by the child for whose maintenance alimony was collected.

The Supreme Court's ruling emphasizes that a feature of enforcement documents for the collection of alimony is the periodic nature of payments.

The argument that payment of arrears of child support in favor of a parent stops when the child reaches the age of majority is based on an incorrect interpretation of the law.

After all, arrears of alimony for previous periods are collected from the debtor, and alimony is not accrued after the child reaches the age of majority.

Yaroslavets paid 100 thousand rubles of alimony debt for the sake of the World Hockey Championship

The Supreme Court especially emphasized that the parent who supported the child actually bears the costs for the second parent who did not fulfill the corresponding duty. From this point of view, such a parent has the right to claim compensation for his expenses.

Thus, from the explanations of the high court, it follows that the collection of debt in this and similar situations is of a compensatory nature, since it arose when the children did not reach the age of majority, and the mother was responsible for their maintenance independently. At the stage of enforcement proceedings, it is necessary to execute the court decision that has entered into force.

Here is the conclusion made by the Supreme Court - the bailiff unlawfully refused to initiate enforcement proceedings against the citizen. Therefore, the Supreme Court canceled the acts of the lower courts and sent the administrative case for a new trial to the court of first instance, but with a different composition.

How to pay off alimony debt

I am divorced. For some time I paid alimony for my daughter, as required, 25% of the salary.

During the period that I did not officially work, I accrued a debt for alimony in the amount of 30 thousand rubles.

Then I got a job, they started calculating 50% (to account for both alimony and debt), now, the current husband of my ex-wife adopted my child, i.e. So, what is the procedure for paying off the debt, the amount, within what time frame, is it monthly, if this was not established by the court?

The ex-wife is threatening to sue what can she achieve with this??

Sooner or later, many alimony payers have to deal with the formation of alimony debts.

Malicious evasion of alimony, expressed in deliberate non-payment of funds, if the bailiff warned of the onset of criminal liability; in concealing property that may be subject to foreclosure; deliberately reducing income by providing false salary certificates, unofficial employment, etc. Many people think that by getting an unofficial job, they will be exempt from paying alimony. earns 30,000 rubles monthly, works unofficially. According to the court decision, he is obliged to transfer 33% of his income monthly.

This can arise either through their fault or due to circumstances beyond their control.

In fact, this is not so - in this case, the calculation will be based on the size of the average salary in the country, and in the end, the amount of payments may become even greater than if you have official income.

He does not comply with this requirement, so the recipient has the right to re-apply to the court to collect alimony along with a penalty.

In this case, it is important to correctly calculate the alimony debt, and this is done either by a bailiff or by an accountant at the debtor’s place of work. The period for non-payment of alimony is 123 calendar days (a little more than three months).

There are three options: You can collect alimony using any of the three options if a debt has arisen. As of July 2018, the average salary in the Russian Federation is 36,000 rubles.

The size of the main part of alimony is established by Art. V., for the first month of non-payment he earned 45,000 rubles, for the second – 37,000 rubles, and for the third – 50,000 rubles. How would alimony be calculated if Vlasov worked officially: 30,000 x 33% = 9,900 rubles.

How to properly pay off alimony debt?

81 SK and depends on the number of children: for one child 25% of income is paid, for two - 33%, for three or more - 50%. by court order he was obliged to pay 25% of his salary for child support. How is the calculation made: 45,000 x 25% = 11,250 rubles.

These amounts will be taken into account when calculating payments along with the penalty. For the first six months, he regularly paid alimony, but subsequently he did not pay for three months, and he incurred a debt. - this is how much he had to pay in the first month, when the debt began to form.

works unofficially, the calculation of the principal amount of the debt along with the penalty will be done differently: 36,000 x 33% = 11,880 rubles.

In some cases, the parties use a calculation method - as a share of income.

By alimony agreement, the parties established that every month the man would transfer half of his income to support the child.

He also has the right to inquire about the progress of the case at any working time, provide new information about the debtor’s income and property, petition to put him on the wanted list and take all possible measures to assist the FSSP within the framework of the law.

If there are errors, the recipient can point them out to the bailiff.

he faithfully paid alimony until 2017, but from May to August inclusive he was in arrears. The calculation of alimony debt is carried out by bailiffs independently, but they can also make mistakes, so the collector is recommended to do everything independently and subsequently check the contents of the resolution.

• It may happen that the money is delayed due to the fault of the bank or organization where the payer is employed, so you should be patient and wait.
• Let's look at an example: If alimony payments are not received within a few days, this is not a reason to panic.
• A court decision, order or alimony agreement may determine payments in a fixed amount.
• This article will talk about what happens if alimony arrears remain after the age of 18.
• It will also talk about situations in which debt does not accumulate if the individual who is obligated to pay alimony does not provide it to the recipient.
• In addition, individuals will learn what actions and in what order they need to take in order to withhold debts from relatives who are among the unscrupulous payers of alimony.
• Russian legislation has introduced a number of situations in the event of which alimony relations existing between certain individuals can automatically be considered terminated.
• However, it may also happen that the payer is no longer required by law to transfer funds to the recipient, but at the same time has not paid the debt accumulated over the previous period.
• For example, this happens when a child turns eighteen.
• According to all the rules of family law, the parent no longer has to provide child support payments for his daughter or son, however, if he has delayed the payment of funds, then this debt will still need to be repaid.
• It should be noted that in some situations, individuals have the right to collect alimony after the age of eighteen.
• We are talking about pregnant spouses and spouses on maternity leave, parents in need of financial support, as well as children who have been diagnosed as disabled people of the first group.
• If alimony relationships, in which wives/husbands or fathers/mothers who are in financial need are recipients, are terminated not at their request, but automatically, then alimony arrears are not accrued to the payers.

How is child support debt paid?

1. This article will talk about what happens if alimony arrears remain after the age of 18.
2. It will also talk about situations in which debt does not accumulate if the individual who is obligated to pay alimony does not provide it to the recipient.

3. In addition, individuals will learn what actions and in what order they need to take in order to withhold debts from relatives who are among the unscrupulous payers of alimony.

4. Russian legislation has introduced a number of situations in the event of which alimony relations existing between certain individuals can automatically be considered terminated.

5. However, it may also happen that the payer is no longer required by law to transfer funds to the recipient, but at the same time has not paid the debt accumulated over the previous period.
6. For example, this happens when a child turns eighteen.

• According to all the rules of family law, the parent no longer has to provide child support payments for his daughter or son, however, if he has delayed the payment of funds, then this debt will still need to be repaid.
• It should be noted that in some situations, individuals have the right to collect alimony after the age of eighteen.
• We are talking about pregnant spouses and spouses on maternity leave, parents in need of financial support, as well as children who have been diagnosed as disabled people of the first group.
• If alimony relationships, in which wives/husbands or fathers/mothers who are in financial need are recipients, are terminated not at their request, but automatically, then alimony arrears are not accrued to the payers.

How to reduce alimony debt for the past period through the court

1. The cases in which this happens are described in Article 120, located in the Family Code of Russia.

2. The legislative act states that the obligation to provide/receive alimony is canceled by default if: Alimony arrears arise when the payer of the funds violates the norms of the document that regulates this process, as well as the provisions of certain legislative acts.

3. However, in family law there is such a possibility as the calculation of alimony compensation for an adult child.
4. After the age of 18, only his disabled daughter/son (first group) has the right to financial assistance from a parent.

If the father/mother owes a certain amount to an adult child, then the latter individual can defend his rights and seek justice on his own, without involving any representatives. After reaching adulthood, except for children who are disabled, alimony compensation is awarded to students.

• If a child is not yet twenty-four years old and is a full-time student at an educational institution, then, according to the current legislation, he can obtain alimony payments from the income of his parents.
• In order to compensate for the money owed to an adult child by his parent or other relative, first of all, you need to make sure that the alimony relationship is still in effect.
• If this is the case, then the child needs to proceed according to the following instructions: After the recipient has performed all of the above actions, he will need to wait until a writ of execution is issued giving instructions for the forced collection of the debt.
• As soon as an individual receives a document issued by a judge, he will need to draw up another application, only addressed not to the court, but to the bailiff service.
• In this document, you must indicate the details of the received writ of execution and ask the bailiff to forcibly collect the debt from the defendant.
• In order for legal proceedings to begin, the original writ of execution must be attached to the statement of claim.
• After this, a certain bailiff will independently search for the debtor and force him to pay all the money required by law for the recipient.
• The plaintiff will only need to wait for the funds to arrive on his bank card.
• Sometimes individuals do not pay alimony for valid reasons related to either their health or financial situation.
• If it is proven in court that the deferment of alimony is due to valid reasons, then the penalty will not be assessed.
• It is for this reason that each parent has the responsibility to support the child equally.
• The reasons may be different, however, over time, debt begins to accumulate.
• In this article you will learn in detail how to calculate alimony arrears.
• Any debt cannot arise out of nowhere; there are always certain reasons.
• Thus, the accumulation of debt for alimony payments can occur: Thus, in the first option, the debtor knows and understands perfectly well that he has an obligation to pay alimony, which must be carried out according to the established rule.

How to find out alimony arrears? -YouTube

1. Nevertheless, it consciously takes actions to evade this responsibility.
2. For example, a person may hide his real address of residence, as well as his official place of work, from the executive authorities and the collector.
3. Naturally, for such behavior a person will be held accountable in the future, in accordance with current legislation.
4. Thus, persistent non-payers of alimony may well be subject to criminal liability.
5. As for the reasons belonging to the second group, they are not so common.
6. We are talking about those circumstances that occur through no fault of the person.
7. These could be, for example, mistakes made by an accounting employee.
8. In this case, all responsibility will rest with the accountant.
9. It is also quite possible that the person who is charged with paying alimony is seriously ill, and therefore all financial resources are spent on treatment, and not on the maintenance of the child.
10. Another reason could be the death of the person paying the alimony.
11. Nevertheless, it consciously takes actions to evade this responsibility.
12. For example, a person may hide his real address of residence, as well as his official place of work, from the executive authorities and the collector.
13. Naturally, for such behavior a person will be held accountable in the future, in accordance with current legislation.
14. Thus, persistent non-payers of alimony may well be subject to criminal liability.
15. As for the reasons belonging to the second group, they are not so common.
16. We are talking about those circumstances that occur through no fault of the person.
17. These could be, for example, mistakes made by an accounting employee.
18. In this case, all responsibility will rest with the accountant.
19. It is also quite possible that the person who is charged with paying alimony is seriously ill, and therefore all financial resources are spent on treatment, and not on the maintenance of the child.
20. Another reason could be the death of the person paying the alimony.

How to pay off alimony debt in Ukraine?

According to the family legislation of Ukraine, one of the parents with whom the child remains has the right to file for the recovery of alimony from the second parent until the child reaches adulthood or graduates from university. But in 2018, a number of changes were made to the legislation, which are very important to understand.

There is really no way to get rid of child support debts other than simply paying them off. At the same time, during payment, a certain procedure must be strictly followed. But let's take things in order. So, to collect payments, you need:

• 1. Go to court;
• 2. Win the process;
• 3. Receive a court decision, writ of execution;
• 4. Apply for the opening of enforcement proceedings to the State Executive Service at the place of registration of the debtor;

5. Upon opening of proceedings, receive funds to the bank account specified in the application.

Without a court decision, collection will be illegal. It is a mistaken belief that simply divorcing a marriage gives the right to automatically claim recovery. This is wrong. Until one of the parties files a lawsuit, the collection will be illegal, as will the demand to pay off the alimony debt.

But if enforcement proceedings have already been opened, the debtor must be notified about this by sending a copy of the opening resolution to the registration address and providing all the details for repaying the debt.

The main thing to remember is that:

• it is impossible to reduce alimony debt in Ukraine without a court decision;
• It is not recommended to pay funds in person to the applicant;
• payments must be made only to the details specified in the resolution;
• It is better to bring the originals of the checks to the state executor every month, and keep copies for yourself.

Paying back child support debt by simply making cash payments to the other parent or buying things for the child will not be legally considered a payment.

Law on alimony in Ukraine

In 2018, a law was adopted that amends the payment procedure; paying alimony debt (payment amount) can now be no less than the subsistence level (1,777 UAH). At the same time, the following sanctions are provided for the debtor in case of non-repayment:

• the amount of alimony will be increased by 20% if the debt arose for a year of delay;
• by 30% - for more than two years;
• by 50% - more than three years.

If there is a child support debt, it must be paid, but at the same time you can also work on the development of the child. For those parents who participate in development, for example, taking them to a music school or paying for computer or language courses, a tax reduction of 18% is provided.

What threatens the defaulter if the alimony debt exceeds the amount for 6 months?

What to do if there is a large alimony debt left? Definitely, just look for money and pay it off urgently. Of course, unlike loan debt, you will not have to overpay penalties and fines, but if the delay is more than 6 months, the following problems may arise:

• ban on traveling outside Ukraine;
• assignment of public works;
• the debtor's name will be included in the public list of defaulters, which is available to everyone;
• taking a child abroad without the permission of the debtor.

How to get rid of child support debts when there is no money?

If you have figured out how to properly pay off your alimony debt, only one question remains: “Where to get the money?”

It’s one thing if the debtor doesn’t have any debt yet and just needs to pay a certain amount every month. But it’s another matter when a debt has arisen and it urgently needs to be paid.

In this case, the main thing is not to waste time and know where you can quickly find money. For example, you can always take out a loan from Mycredit.

Microcredit provides a unique opportunity to quickly find the required amount and solve problems yourself without outside help. Optimal lending conditions really make the loan profitable.

The advantages of lending are:

• the transaction is completed online;
• a minimum package of documents - the client only needs to provide a tax payer code and a passport;
• The only requirements are to have a passport and be an adult;
• for new borrowers – interest-free loan up to UAH 3,000;
• regular customers pay only 1.6% per day;
• maximum loan term – 30 days;
• You can reschedule your payment at any time;
• 24-hour processing for those who have already applied for MyCredit services.

Borrowing money at interest online is a way to quickly pay off your debt and not worry about possible problems with the law.

Alimony debt, alimony indexation

Child support debt occurs when the debtor does not pay child support on time.

If a court decision or agreement of the parties establishes monthly payment of alimony, then this obligation must be fulfilled before 24-00 o'clock on the last day of the month for which alimony was accrued.

If the last day of the month is a non-working day, then the due date for alimony payment is postponed to the next next working day.

In our conditions, for most citizens, maintaining alimony is difficult. Some debtors are trying to avoid paying alimony, hide income, and delay the fulfillment of obligations for a long time. In these situations, collectors have to work with the alimony arrears through the bailiff service.

Determination of alimony debt

The alimony debt is determined by the bailiff. To determine the debt, the bailiff requests information about the income from which alimony is paid for the entire period of the debt. Based on the information received, the bailiff makes a calculation, taking into account the determination of the amount of alimony in the court decision or agreement on the payment of alimony.

Debt is determined from the moment alimony is collected until the date of calculation. If the payer had valid reasons (illness, wages not paid at work, lack of work, etc.), then the debt is determined for three years. If the reasons for the formation of the debt were not valid, then the debt will be determined for the entire time.

If the question arises: “How to find out alimony arrears?” The payer or recipient of alimony has the right to contact the bailiff with an application for calculation of alimony arrears.

The determination of the amount of alimony debt is formalized by the bailiff in the form of a decree. If during the calculation the bailiff committed violations, his actions can be appealed in court by filing an administrative claim against the bailiff.

Release from alimony debt

The law provides for the possibility of exemption from alimony debt. When paying alimony by agreement, the parties can agree on an exemption from payment. In other cases (and if alimony is paid for children, then in any case), only the court can release the payer from paying the debt.

After determining the amount of the debt, if its size does not satisfy the payer or recipient of alimony, a claim for alimony arrears is filed with the court.

The court will determine the amount of debt in a fixed amount, taking into account all the circumstances that make it possible to reduce or increase the amount of debt.

Release from arrears of alimony can be made only in exceptional cases, if the circumstances from which the court relied when collecting alimony have changed significantly.

Collection of alimony debt

Alimony is collected by the court once. Subsequently, if there is a change in the family or financial status of the parties or the property status of the alimony payer, it is possible to change the amount of alimony by court decision. The plaintiff files a claim to reduce the amount of alimony.

Collection of arrears of alimony is carried out by a bailiff. It is the bailiff who determines the amount of the debt, determines whether the debtor has funds and property with which to repay the debt. The bailiff finds out the place of work of the alimony payer in order to foreclose on wages.

You no longer need to go to court to collect arrears of alimony. The court will refuse to accept such an application if the dispute over alimony has already been resolved by the court and alimony has been collected in monthly payments.

In this case, the recipient of alimony has the right to make demands for the determination and collection of alimony arrears.

Another case of filing a claim in court to collect arrears of alimony would be when the payer died without repaying the debt. In this case, alimony arrears will be collected from his heirs, within the limits of the value of the inherited property.

Indexation of alimony

When collecting alimony in a fixed amount, the Family Code of the Russian Federation provides for indexation of alimony. Indexation of alimony means that the size of monthly payments increases depending on changes in the cost of living. When the cost of living increases, the amount of maintenance increases, and when it decreases, it decreases.

To index alimony, an increase in the cost of living for the corresponding socio-demographic group of the population established in the relevant constituent entity of the Russian Federation at the place of residence of the person receiving alimony is accepted.

For example, in the Irkutsk region, by resolution of the Government of the Irkutsk region dated January 30.

2014 N 38-pp established the cost of living in the Irkutsk region for the fourth quarter of 2013 for children in the amount of 7,766 rubles, in the third quarter of 2013 this amount was 6,598 rubles.

This means that in the period from October to December 2013, the amount withheld for alimony should be indexed 1.177 times.

Since December 1, 2011, courts have been collecting alimony in an amount of money in proportion to the minimum subsistence level; before that, the amount of maintenance was determined by the minimum wage (minimum wage). For indexation of alimony, it does not matter in what amounts the alimony is collected; in any case, it will be indexed according to the subsistence level.

Indexation of alimony is carried out by the bailiff or the organization where the document on payment of alimony is being executed.

Responsibility for non-payment of alimony

The presence of alimony arrears implies that the obligated person, for some reason, did not pay alimony or made it with a delay.

The basis for liability is the fault of the alimony payer. If alimony was not paid due to the fault of other persons, the alimony payer is released from liability.

Article 157 of the Criminal Code of the Russian Federation provides for liability for malicious evasion of a parent from paying court-ordered funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, and malicious evasion of adult able-bodied children from paying court-ordered funds for the maintenance of disabled parents.

Article 115 of the Family Code of the Russian Federation provides for the possibility of collecting a penalty for late payment of alimony (see statement of claim for alimony penalty) and losses caused by the resulting alimony arrears.

How to pay off a large alimony debt in Ukraine? — LigaCredit

Based on the results of the divorce process, the court assigns a certain amount of alimony to one of the parents to be paid monthly for the child’s household needs and food. For various reasons, it happens that the funds are not sent in full or it is not possible to repay the alimony debt at all. What could be the reasons for this?

• The child support payer does not have the financial ability to fulfill parental duty;
• He has no desire to give money to raise a child;
• The parent forgot about important obligations.

The above aspects do not matter when it comes to the well-being of the child. He bears no guilt for what happened between his father and mother, but constantly needs the means to live a full life. How to close alimony debt?

You must pay according to the law

In 2018, the parent who does not live with the child is obliged to pay at least 50% of the minimum subsistence minimum established by law on a monthly basis. Today the minimum amount of alimony is 930 UAH. The money becomes the property of the child, and the parent living with him has the right to spend finances exclusively for the needs of the small family member.

Factors that are taken into account by the court when deciding on the amount of payments:

1. Is the child healthy, does he have a disability group;
2. Financial and physical condition of the payer;
3. Financial situation of the parent receiving child support;
4. The payer has other children in his care.

In each individual case, all of the above factors are considered and the court assigns an appropriate amount to pay for the needs of a small citizen of Ukraine.

• We recommend 0.01% on the first loan 0.01% on the first loan Read more

What awaits you after 6 months of alimony arrears?

The judge sets an exact date when you need to get rid of alimony debts. If a parent who does not live with him is behind on payments for more than six months, he will face big troubles and restrictions on movement:

• It is prohibited to use any type of weapon, even pneumatic;
• The possibility of traveling abroad is limited, a person learns about this already at the airport with a large bag of things and a ticket;
• It is prohibited to go hunting in any form;
• Up to 60 days of social work are assigned (the measure does not apply to disabled people, women over 55, men over 60 and pregnant women);
• The possibility of using a car is excluded (except for cases where the owner of the car is an ATO participant or a military man who uses it for his own income, as well as disabled drivers).

If the payer is in no hurry to reduce the alimony debt in Ukraine and delays the transfer of finances, then the recipient has the right to request a 1% penalty for one overdue day. The amount should not exceed 100% of the debt, but it is still a significant amount of funds.

“Don’t take the case to court, it will cost more”

The case went to court! You will have to pay your child support debt

It is best to correctly pay off the alimony debt at the level of bilateral agreements - this will significantly save time and nerves for both people.

But in cases where the proceedings have moved into the courtroom, the law will be on the side of the parent living with the child. And the accumulated amount of debt will still have to be repaid.

What to do if you urgently need money to solve a difficult situation?

What to do if there is a large alimony debt and no money?

The fastest and easiest way to get rid of oppressive debt is to contact an MFO and take out a loan online.

They will not ask you if you have official employment and debts in other companies, but will simply send the required amount of money to your card in 30 minutes.

The only documents you will need are your passport and taxpayer code! And if the amount does not exceed UAH 3,000, then take advantage of the “loan at 0 percent” offer!