Sample application to bailiffs for arrears of alimony

It is the duty of bailiffs to monitor the implementation of court decisions. If you have a court order to assign alimony, but the other party does not pay it, then it’s time to contact the bailiff. In necessary cases, you need to involve the court and the prosecutor’s office.

Another situation is when debt has accumulated. For example, alimony was paid, but then the payer changed jobs, moved to another region and stopped paying the obligations.

1. Collection of alimony, resumption of payments.
2. Debt collection on them.
3. Calculation of debt for subsequent submission of the statement of claim to the court.

When contacting the executive service, all applications are submitted in 2 copies, a copy remains with the applicant with the date of acceptance for consideration.

Sample application:

Copies of the following are attached to the application:

• court decisions;
• writ of execution;
• children's birth certificates;
• divorce certificates.

If within 3 days the bailiff is unable to establish the whereabouts of the defendant for alimony, then he is put on the wanted list.

A sample application to initiate enforcement proceedings for alimony looks like this:

If there is a debt

Sometimes it happens that as a result of non-payments, a significant amount of alimony debt has arisen. In the event of a penalty, you need to contact the executive service with an application to calculate the alimony debt. Writs of execution regarding the existing debt will serve as the basis for applying to the court for the collection of alimony penalties.

1. The calculation of alimony debt is carried out by the executive service.
2. A court decision on debt collection is a magistrate's court.
3. Execution of the decision on collection - enforcement service.

You can go to court without going through the first point. But it is still recommended to adhere to the above sequence. The fact is that a certificate of existing arrears of alimony for the court serves as both the basis for accepting the application and evidence in the case. Therefore, the judge can, based on the examination of documents, automatically make a decision to collect a penalty.

As a result, the court may require additional documents: for example, a statement about the absence of transfers to a bank account and other evidence. As a result, the court hearing may be postponed until the necessary documents are provided. Time will be lost.

Note! The debt on alimony must be the fault of the defendant, otherwise it will not be recognized as a debt. In other words, the defendant knew and could have paid, but did not do so.

The application indicates the number and date of the enforcement proceedings, the official in whose jurisdiction it is located, as well as the data of the writ of execution on the basis of which the proceedings are being conducted. The reason for the application is indicated in the application: for court. You don't have to specify it. A sample application for debt settlement is given below:

Depending on the order determined by the court decision, as well as on information about the debtor’s income, various methods of calculating the debt are used. The calculations can be based on:

1. Living wage, if the court has calculated the amount of payments in the minimum wage.
2. Debtor's income. If he has an official income.
3. The average salary for the country or region, if the debtor does not work, does not have official income, or refused to provide confirmation of it.

It is important to note: the period for collecting arrears of alimony is no more than 3 years, except in cases of evasion of payment by the debtor. In case of evasion of alimony payment, not only administrative, but also criminal liability may arise. A request to initiate a criminal case should be submitted to the prosecutor's office.

The bailiff prepares the response documents in the form of an executive order and an appendix to it (certificate).

1. Amount of debt.
2. Method of calculation.
3. Settlement period for non-payment.
4. Formal side: who, on the basis of what, the acting parties are named.

With the received document, you should contact the court, and upon receipt of a court order to collect a penalty, return to the executive service.

Appealing actions and inactions

If the bailiff has not started collecting alimony or arrears within 10 days, then his actions can be appealed. The reasons for the delay in enforcement proceedings can be very different:

1. Most often this happens due to a large number of cases in production, when the bailiff simply does not have enough time.
2. Due to staff turnover, the bailiff may not be experienced enough.
3. Finally, the bailiff’s dishonesty cannot be ruled out. For example, he received a bribe from a debtor and is now shirking his official duties, or ignoring some matters due to prejudice.

However, regardless of the reasons, you have the legal right to appeal the actions of the bailiff.

• The easiest way is to file a complaint with the chief bailiff. Being the immediate superior of bailiffs, the chief bailiff is obliged to control the legality of their actions.
• Within 10 days from the moment of the violations committed, you can apply to the court with an administrative claim against the actions of the bailiff. Moreover, you can appeal both his actions and inaction.
• If you know for certain about the illegal actions of the bailiff, you can write a statement to the prosecutor's office. The application sets out the circumstances of the case, indicates the number of enforcement proceedings, and the grounds on which it was initiated. Based on your application, the prosecutor's office will conduct an investigation.

Sample statement to bailiffs about arrears of alimony: how to write

If the child support provider does not deposit funds into the account of his biological child for a long time, then the debt accumulates, and sooner or later the question of repayment arises.

The task of the child’s mother in this situation is to contact the state executor who is conducting enforcement proceedings.

In order for the bailiff to begin collecting arrears and penalties for alimony, you need to draw up a sample application to the bailiffs about arrears of alimony.

How to draw up an application to the bailiff for the calculation of alimony debt?

As we show in practice, the bailiff will not collect a debt, even if an impressive amount has accumulated, on his own initiative; you must write a statement. It is the written application that must be submitted to the Executive Service that serves as the basis for initiating a criminal case and starting legal proceedings.

Not many modern citizens receiving financial assistance know how to write a statement to bailiffs about arrears of alimony, but you can ask any qualified lawyer for a sample claim.

The result directly depends on how correctly you draw up an application for calculating arrears of alimony, because the claim may be returned due to an incorrect structure, or rejected if it contains invalid data or illegal demands.

An application for arrears of alimony can be submitted to the bailiff by a legal representative who will act on your behalf on the basis of a power of attorney, but for a fee.

If you don’t have extra funds, then you can try to write and submit an application to the bailiff for non-payment of alimony, sample, which is offered on our website, yourself.

The principle of compiling this document is the same, its structure is as follows:

1. Name of the FSPP branch.
2. Applicant information.
3. Debtor information.
4. Document's name.
5. The main text of the document contains information about the writ of execution, information about the child, the date when alimony was last paid and its amount.
6. The appeal to the court begins with the word “please”, here the plaintiff demands the Executive Service to calculate the arrears of alimony and the penalty, and also asks to collect alimony.
7. List of documents that are attached.
8. Date of document preparation and signature.

An application to the bailiffs for arrears in alimony, a sample, which is also available in the office of the FSPP department, is considered within 10 working days, after which it is registered, and on its basis a resolution on the calculation of the debt is drawn up.

Resolution on debt calculation

An application for calculation of alimony debt by a bailiff must be accepted; the bailiff has no right to reject the claim of citizens receiving alimony without describing the grounds. If the state executor continues to fail to act, after filing a claim, a complaint can be filed against him.

The application for the calculation of alimony debt, the sample proposed above, which is supported by a resolution on the calculation of the debt, is subsequently sent to the court, and the prosecutor’s office decides what punishment the debtor will suffer and how the debt will be paid to the collector.

Only a bailiff can calculate how much the alimony holder owes; he will take into account:

• minimum cost of living in the country;
• living wage in the child’s region of residence;
• income level of the alimony payer.

If there was previously an agreement certified by a notary, then the state executor takes the cost of living, established every three months, as the basis for the calculation. Using a clear example, how to pay off debt and calculate debt can be explained as follows:

The formula is taken as a basis: A=(B*C)*D, in which:

• A – general non-payment;
• B – the share of payment established by law from the subsistence minimum;
• C – cost of living in the calculation quarter;
• D – estimated period of non-payment of alimony.

To calculate the debt, you can take as a basis the cost of living of 8589.00 rubles, the share of payment is approximately 1.45, the period for which non-payment of material support was noted is 14 months. Then the result is: (1.45*8589.00)*14 = 174356.7 rubles.

During the calculation process, the data is entered into a special document and secured with the signature of the state executor and the seal of the FSPP. The judge will collect exactly the amount indicated by the bailiff from the debtor.

There are a number of situations in which a sample application for calculation of alimony debt is submitted to the bailiff, but the decree on alimony calculation itself is cancelled. This happens in the following cases:

• a penalty is charged;
• in case of deprivation of parental rights;
• when a criminal case is initiated for malicious non-payment of alimony;
• when determining the place of residence of a minor, prohibiting him from traveling abroad with a parent who owes payments.

A decree on the calculation of debt can also be requested by the alimony payer if he wishes to reduce the amount of payment due to a difficult financial situation. He can also challenge the issued order in court if he believes that it was drawn up incorrectly.

Certificate of debt and further actions

The recipient of alimony may also ask the bailiff for a certificate of debt. This document is necessary not only for collecting the general debt through the court, but also for:

• establishing the total income of the family that is applying for government benefits or subsidies;
• registration of benefits that are due in case of non-payment of alimony to low-income families;
• resolving the issue of depriving a citizen of parental rights due to failure to provide financial assistance in maintaining a minor;
• challenging the amount of debt by the debtor himself, in case of disagreement with the decision issued by the bailiff.

A certificate is also issued based on an application addressed to the head of the regional FSPP department. After receiving this certificate, the person submits it to the court, if it involves debt collection, deprivation of parental rights, or to the Social Security Authorities, if it is necessary to obtain benefits and subsidies.

According to statistical data, child support disputes are usually always resolved in favor of the parent with whom the child lives. After the court’s decision, the plaintiff is given a writ of execution, which must be taken to the bailiff. The FSPP employee is obliged to initiate new proceedings against the previous alimony debtor.

If he refuses or is unable to repay the awarded amount immediately, the executor begins to forcibly collect financial assistance for the minor.

If the parent does not work or has no income, the executor finds out whether he has property or unconfirmed sources of income, through which debt and penalties can be collected.

If the alimony provider has enough funds, the debt is repaid in one lump sum. If he receives a monthly salary, then payments are made in installments. According to the established law, the debtor cannot withhold more than half of his monthly income. Accordingly, child support that a man owes is returned within several months or even years.

If the debtor evades the execution of the court decision, the state enforcement agent will seize his real estate, seize it, and sell it at auction.

After the court makes a decision, the plaintiff is relieved of all responsibilities for enforcement proceedings, all paperwork and actions aimed at resolving the conflict and collecting arrears of alimony fall on the employees of the enforcement service.

Application for calculation of alimony debt

Child support payments are long-term and are paid until the child turns 18 years old.

For this reason, it is quite possible that the payer may fail to pay them for several months or simply evade them.

If the amount of alimony has not yet been determined, then first you need to contact the payer himself and try to conclude an agreement. If he does not cooperate, then the issue will have to be resolved in court.

An application is submitted to the court for calculation of alimony arrears. The sample application for calculation of alimony debt is not standard. In court, alimony can be calculated in one of the following ways:

• determine the amount as a percentage of the debtor’s salary;
• establish a fixed amount of alimony.

It is worth noting that in most cases, when the debtor is officially employed, the courts prefer to tie alimony to salary. If the debtor does not have official earnings or his income is not stable, then payments are determined in a fixed amount.

This is of great importance for bailiffs. So, if the court established payments as a percentage of the salary, then the bailiffs will calculate the amount anew with each collection, taking into account the change in the debtor’s earnings in accordance with the percentage determined by the court. If the amount is fixed, then the monthly collection will not be calculated anew.

The procedure for determining the amount of alimony as a percentage of the payer’s earnings is established by family law. Thus, the percentage is influenced by the number of persons to whom the content is sent.

Application for calculation of alimony debt

At the same time, a limit on collections has been established. The court cannot establish payments of more than 50% of the debtor's earnings. In turn, the bailiff cannot recover more than 70% if the person has incurred a debt for previous months.

Requirements for drawing up an application

How to write a statement to bailiffs about non-payment of alimony? According to the law, FSSP employees cannot initiate the collection procedure themselves without a statement from the interested party.

They are also very busy government employees. Therefore, it is important to submit an application to the bailiff on time for non-payment of alimony and calculation of alimony arrears in order to wait for alimony as little as possible.

The application for arrears of alimony has a standard written form and structurally consists of the following parts:

• document header;
• the essence of the statement;
• application;
• date and signature of the applicant.

In the header of the application for non-payment of alimony, you must indicate the following information:

• write the name of the FSSP department to which the application is sent;
• information about the recipient of alimony (applicant);
• information regarding the payer;
• addresses and contact details of the applicant, as well as the payer, if possible.

The main content should include the following information:

• circumstances of alimony relations;
• the period of delay in alimony payments;
• total amount of debt;
• requirements for forced calculation of alimony and compulsion to pay.

Application for calculation of alimony debt

It is worth noting that the amount of debt must be confirmed. The latest payment documentation must be submitted to the FSSP as a supporting document. In addition to the payment document, the list of attachments includes the following papers:

• writ of execution from a notary, if an alimony agreement was concluded;
• a writ of execution from the court, if the alimony relationship was settled by a court decision;
• a copy of the payment recipient's passport;
• statement from the payee's bank account.

It is worth noting that the FSSP will subsequently independently transfer the collected funds to the specified account, so the further participation of the applicant is not required. In addition, for each payment, a receipt will be provided to the payee by mail or other means.

Where should the application be sent?

Reception and consideration of applications for non-receipt of alimony is the responsibility of the relevant authorized divisions of the FSSP. So, if alimony relations are regulated by a notarial agreement, then the document is submitted to the department at the location of this notary. If by a court decision, then according to the region or district where the relevant court is located.

When the place of residence of the debtor is known, the corresponding executive document, which is in the form of a form, can be sent to the FSSP department at the debtor’s place of residence. But to do this you need to obtain a document for execution.

Before this, you need to apply to determine the amount of alimony debt:

• to the judicial authority that made the relevant decision;
• to the notary who certified the relevant alimony agreement.

Documents of execution issued by courts and notaries of the Russian Federation are valid throughout the entire territory of the state. When the payer is located abroad, the competence of the authorized enforcement body is determined in accordance with international agreements.

Actions of the bailiff upon receipt of the application

• The application received by the FSSP department is registered no later than the next day.
• If, within the specified period, the debtor does not take any action to pay the debt, then the bailiff issues a decision to hold the debtor administratively liable, collect an enforcement fee from him, and also apply enforcement measures against the debtor.
• In particular, the following measures can be taken as enforcement measures:

After this, the responsible bailiff issues a resolution to open enforcement proceedings. The alimony payer is given a 5-day period to voluntarily make payments.

• debt collection using the debtor’s bank savings and other funds;
• repayment of debt at the expense of the debtor’s property;
• direction of recovery of the debtor's wages.

It is worth noting that if the applicant asks for a one-time collection of the entire amount of the debt, but does not ask for further measures to collect monthly payments in the future, then FSSP employees first of all consider the option of directing collection on the property or cash or non-cash funds of the debtor.

If the application indicates a request for the collection of alimony for the entire period of payments, then FSSP employees give priority to the debtor’s wages. This is convenient from the point of view of making payments both for the recipient and for the debtor himself.

If the payer has no money

If the payer does not have cash and does not work anywhere, then FSSP employees take measures to collect in the prescribed form at the expense of his property. As a rule, first of all, collection will be carried out at the expense of his movable property, and only then at the expense of real estate.

However, if the debtor has only one apartment, then collection of unpaid funds can be applied to him only by a court decision. If he has other minor children living with him, then it will not be possible to collect alimony at the expense of the apartment.

If he lives alone and has no other dependents, then his apartment will be sold at auction and after the debt is paid off, the remaining amount will be transferred to him. It is worth noting that such actions are effective in cases of one-time collection. In the future, the same funds can be foreclosed on only if they remain.

If the debtor spends this money, then in the future there will be nothing to recover from him. Then you can only contact the prosecutor's office with a statement that the person does not pay alimony.

By submitting an application to the prosecutor's office, you can achieve criminal penalties against the debtor. The sample application to the prosecutor's office for non-payment of alimony is not standard. After the initiation of a criminal case by the prosecutor, the following measures may be applied to the debtor:

• fine;
• arrest;
• correctional work.

For the recipient of alimony in this case, only the assignment of corrective labor matters. In this case, the debtor will be forced into employment, and part of his wages will be allocated from alimony.

If the bailiff does not work

Of course, not all bailiffs do not always act quickly and strictly enough. Some of them try to reach an agreement with the debtor, giving him more time than established by law. In such cases, the recipient of alimony may demand from him through the court the fulfillment of the requirements of the law by filing a complaint.

Of course, this requires that the performer violate the rights of the applicant. In such cases, his actions are challenged in court by filing a petition.

Contestation occurs in the following order:

• the application must be submitted within 10 days from the day the applicant learned of the violation by the performer;
• in court it is necessary to present evidence of violation of the applicant’s rights.

Based on the results of the consideration, the court may make a decision to hold the bailiff accountable, as well as transfer the application for collection to the jurisdiction of another bailiff. You can also go to court if the bailiff incorrectly calculates the amount of alimony.

The procedure and examples for calculating debts on alimony payments are as follows:

• the bailiff will determine the debts for the entire period specified in the application;
• the recognized calculation of a certain debt must be approved by a bailiff;
• When calculating periodic collections, the payer's income must be taken into account.

The total amount of debt should be evenly distributed over a certain period if it is impossible to collect the entire amount at once.

It is worth noting that when collecting, the bailiff must also take into account the rights and interests of the payer. For this reason, some of his actions may seem to the applicant to be a violation of the collection procedure.

The debtor himself can file a claim with the court for exemption from payment of arrears of alimony. Only a court can release you from debts and the obligation to pay them.

For what reasons may the bailiff not take any measures? In fact, the law establishes an exhaustive list of such cases when the case of alimony collection is allowed to be closed. Such circumstances include:

• lack of information about the debtor’s place of residence;
• the debtor lacks funds and any property to recover.

In such cases, the case of collecting alimony is closed by a bailiff's decision. The grounds for closing the case by the applicant may be appealed in court.

How to make an application to the bailiff service about alimony debts

Article 80 of the Family Code determines that parents are obliged to participate in the maintenance (financially support) of their children at least until they reach adulthood. Art. 99 of the RF IC established that the provision of alimony by one of the parents can be carried out on the basis of a written agreement between the recipient (his representative) and the alimony provider. Article 106 of the RF IC determined that alimony can also be collected by court decision.

But first you need to find out how to draw up a sample application to the bailiffs about arrears of alimony, how the funds will be collected and where to submit the application.

How to apply

An application for non-payment of alimony to bailiffs can be filed solely on the basis of writs of execution. In turn, Article 12 of Federal Law No. 229 established that these should include:

• Court orders.
• Agreements on the collection of alimony, certified by a notary.
• Writs of execution issued by courts.

If initially the child’s mother (she is the one who most often remains with the children after a divorce) did not take care to file a claim in court for the collection of alimony, and an agreement on payment was not concluded between the parents, the debt of the second parent does not accumulate. If so, it will not be possible to receive payments for the previous period.

That is, you can apply for collection of arrears of alimony only if you correctly draw up the obligations of the alimony provider. An oral agreement or a contract not certified by a notary is not the basis for alimony payments, and therefore a parent can refuse to support his child at any time and no sanctions will be applied to him.

You can contact the bailiff service only if you have one of the specified types of enforcement documents in your hands.

If one of the parents does not pay child support, this gives the other the right to apply for the collection of accumulated debt

If non-payment of obligations occurs over a long period, the collector needs a certificate of alimony arrears, which can be obtained from the bailiffs. Based on this, the final payment amount is determined. The whole process looks like this:

1. Collect the package of documents necessary for applying to the FSSP: a writ of execution or its notarized copy, two copies of the application for the collection of alimony, a copy of the civil passport, other documents related to the case (certificates confirming that the debtor has property, etc.).
2. Submit the specified documents to the FSSP.
   The petition should be submitted to the SSP department at the debtor’s place of residence. If the claimant does not know it, you can transfer the documents to your place of residence and the FSSP employees will determine which department should handle the case. Within 7 days, the application must be forwarded to the right place, of which the alimony recipient will be notified in a letter. The application can be submitted in person, through a proxy or by mail. If you choose the latter option, the documents must be sent by registered mail.
3. If necessary, the FSSP calculates the amount of the debt. In this case, one should take into account the provisions of Article 115 of the RF IC, which establishes the possibility of charging a penalty for unpaid alimony. Thus, for each day of delay, the debtor is charged a penalty of ½ percent of the total amount of obligations. Also, in order to calculate the amount of the penalty, one should take into account the losses of the alimony recipient that were caused by late alimony payments (fines for late payment of utilities, loans, etc.).

The alimony provider always has the right to appeal the final amount of accrued obligations. To do this, he must submit a request to the FSSP, which is conducting the proceedings, or to the court. In this case, the debt will be recalculated.

In order to appeal the final amount of alimony, serious reasons are needed: the debtor’s dismissal from work and, as a consequence, loss of a regular source of income, an illness requiring immediate treatment, which leads to additional expenses, etc.

What to do next after receiving a decree on calculating arrears of alimony? Enforcement proceedings will be initiated against the alimony payer, as a result of which the claimant must receive the funds due to him.

How to make an application

In the FSSP you can write 2 types of statements at once:

1. On the calculation of debt for unpaid alimony.
2. On initiation of proceedings.

An application for calculating alimony debt is drawn up in the following form:

• A cap. The name of the joint venture, as well as the full name and contact details of the applicant, are indicated here.
• Main body. Data about the case (date of obligations, information about the writ of execution, full name of the alimony provider, full name of the alimony recipient), the last month when alimony was received, the time for which it is necessary to calculate the debt, list of documents.
• Conclusion. Signature, transcript and date.

To check the correctness of the calculation, you can use an online calculator that will calculate the amount of debt monthly and create the total amount.

The application form to initiate proceedings includes:

• A hat. Compiled according to the form indicated above.
• Main body. Here you need to indicate: the full name of the claimant, his passport and contact details, information about the writ of execution (name of the authority that issued it, number and date of preparation), the amount of debt or the date of its formation, information about the alimony provider (his full name, place of work, contacts, availability property, etc.), account details to which money should be transferred, list of attached documents.
• Conclusion. Signature transcript and date.

The FSSP must submit the most complete list of documents relating to a specific case. Without sufficient grounds, the case will not proceed.

When submitting only an application for debt settlement, the FSSP will calculate the total amount of obligations and submit a report to the applicant. In this case, the case will not develop into something more and enforcement proceedings will not begin against the defaulter. To do this, the claimant must write a separate application to the FSSP.

The application is drawn up in accordance with existing rules

What happens next

As of 2018, it was determined that within 3 days from the date of acceptance of the documents, the bailiff must initiate enforcement proceedings or send a refusal to the claimant and stop considering the case.

If the procedure has nevertheless been started, then the FSSP sends a notification to the debtor, where within 5 days he is asked to voluntarily pay off his existing obligations. If this does not happen, the bailiff may take more active action.

So, according to Federal Law No. 229, he has the right:

• Order information from banks about the debtor’s deposits and seize all accounts available there, in addition to the salary (pension) account.
• Describe the defaulter's property except for what is necessary for him to ensure an acceptable standard of living (for example, the only home cannot be seized).
• Take (recover) part of the funds from wages or other regular income.
• Impose a ban on traveling abroad, etc.

Article 36 of the Federal Law “On Enforcement Proceedings” states that funds in favor of the alimony recipient must be recovered within two months from the start of enforcement proceedings. In fact, this period may be very long.

Thus, the alimony provider has the right to file a lawsuit to cancel or reduce alimony payments, and hearing the case and issuing a ruling may take several months.

If the collector or defaulter feels that the bailiff is somehow violating their rights, each of them has the right to file a complaint against his actions with the prosecutor’s office or a higher-ranking official at the FSSP, which will also significantly slow down the enforcement proceedings. Therefore, the case of collecting alimony can drag on for years.

Sample application to bailiffs for arrears of alimony

Between divorced spouses with children, the issue of paying alimony always arises. The payer may pay money irregularly or fail to fulfill his financial responsibilities at all, resulting in debt accumulation.

To collect it along with the penalty, you need to file a claim with the Federal Bailiff Service (FSPP), and then with the court. A sample application to bailiffs about alimony arrears is given below in the article. In addition to it, the following questions will be considered : how the amount of debt is calculated, how to correctly draw up and write a document, what to do if the bailiff does not respond to the filed complaint.

Grounds for application

Child support is a legal requirement for a parent who does not live with the child.

Calculation of the amount of alimony debt is needed when:

• it is necessary to hold the spouse accountable for long-term non-payment of alimony (before the statute of limitations on this case expires);
• you need to receive the full amount of the payment (if the debtor did not pay the full amount of alimony, thinking that the rest would be forgiven him);
• you need to receive a subsidy to pay for utilities;
• find out the amount of debt.

How and who can apply?

The following persons can submit an application to the bailiffs for arrears of alimony:

How to write an application correctly

How to write an application for non-payment and collection of alimony so that it is considered by the bailiff and accepted for consideration? To do this, the document must contain the following data:

1. Name of the FSSP department.
2. Information about the creditor and debtor.
3. Grounds for collection (date of the last payment, its size, period during which payment was not made, total amount of debt, indication of the desired amount of alimony for future payments, number of the court order ordering the payment of alimony).
4. A request for a debt calculation and the time during which the calculation must be made.
5. The goal is to collect debt from the defendant.
6. Attached documents.
7. Document submission date.
8. Plaintiff's signature.

The application is sent to the FSSP at the defendant’s place of residence. The document must be prepared in several copies and each copy must be marked with the date of its submission.

What documents are attached?

to the application :

• a court decision confirming the obligation to pay alimony;
• a notarized agreement of the former spouses on the payment of alimony;
• copies of the plaintiff's passport;
• a copy of the birth certificate of the common child;
• a copy of the divorce certificate;
• income certificate;
• bank account statement confirming the absence or underpayment of funds;
• a certificate from the housing office about the composition of the family, confirming that the child lives with the plaintiff;
• account number or bank details where the debt should be transferred;
• other documents indicating the fact of non-payment or incomplete repayment of the monthly payment.

The application, within 3 days, is transferred to a FSSP employee who will make the calculation.

Actions of the bailiff

After submitting the document to the FSSP, within 13 days, the employee must review it and begin making calculations.

Being endowed with powers and rights, the bailiff can use them to:

1. Communicate with any persons related to the case to obtain additional information, testimony or documentation regarding the debtor.
2. Verify the information received by submitting requests to government agencies.
3. Demand that the company where the debtor works deduct part of the salary in favor of the plaintiff.
4. Demand the seizure of property to compensate for the debt or block his bank accounts.
5. Submit a petition to government agencies for a wanted notice for the debtor, for a ban on leaving the country or city.

The result of the bailiff's calculation is the legal basis for conducting the case through the court . A copy of it is sent to the plaintiff and defendant the next day after its preparation. With this document, the claimant can go to court.

Having received a positive decision from the judge, the plaintiff must return to the bailiff again and demand active action on his part to collect the debt.

How is the amount of debt calculated?

To form a debt, the bailiff must have a court decision in his hands indicating the amount of alimony and the frequency of payment, as well as evidence that these requirements were not met.

If the debtor has not paid alimony at all, then he will be assessed fines and penalties. If the payment was made irregularly or incompletely, no penalty will be charged.

What to do if the bailiff is inactive

When there is no response from the bailiff on the application within the prescribed period, you need to file a complaint against it with the head of the FSSP. The complaint must indicate the employee’s details, the fact of his inaction and a request to appoint a new bailiff to handle this case or to take measures against the previous executor.

The FSSP will send a letter to the plaintiff with the results of the response to his complaint and will give him the opportunity to continue the case with another bailiff.

Application for calculation of alimony debt

An application for calculation of alimony arrears is submitted to the bailiff in whose proceedings the enforcement proceedings for the collection of alimony are located. Calculation of debt is necessary in cases where alimony has not been paid for a long time, and the bailiff did not independently prepare such a calculation.

Read more about debt here: Alimony debt, alimony indexation.

The application can be submitted by both the debtor and the claimant. Based on the calculation made, the claimant has the right to demand an indexation of the amount, an increase in the amount, or to collect a penalty for late payment of alimony by filing a statement of claim for the recovery of a penalty for alimony.

Based on the calculation of alimony arrears, the debtor has the right to apply for a reduction in the amount of arrears by filing a claim for alimony arrears.

The application for calculation of alimony debt is written in free form. Prepare a copy of the application, on which, when submitted to the bailiff service, put a mark on the date of filing the application.

An application for debt settlement must be considered by a bailiff within 13 days from the date of receipt of the application by the bailiff service. A copy of the decision the next day after its issuance must be sent by mail to the collector and the debtor.

In case of disagreement with the actions (inaction) of the bailiff, you should file a complaint with the court with a statement to challenge the actions of the bailiff. The deadline for filing a complaint is 10 days from the day the applicant became aware of a violation of his rights.

In ______________________________________ (name of the bailiff service) dated _____________________________________

(full name, address, telephone)

STATEMENT

on calculating arrears of alimony

“___”_________ ____, the bailiff _________ (full name of the bailiff, name of the division of the bailiff service) initiated enforcement proceedings to collect alimony from _________ (full name of the debtor) in favor of _________ (full name of the claimant) for the maintenance of _________ (full name of the person , for whose maintenance alimony must be paid).

The last time alimony was paid was “___”_________ ____, after which payment was not made because _________ (indicate the reasons why alimony was not paid).

It is necessary to determine the amount of alimony debt, since _________ (indicate why it is necessary to determine the amount of debt) for the period from “___”_________ ____ to “___”_________ ____.

Based on the above, guided by Articles 64.1, 102 of the Federal Law “On Enforcement Proceedings”, Article 113 of the Family Code of the Russian Federation,

Ask:

1. Determine the amount of alimony debt _________ (full name of the debtor) in enforcement proceedings for the collection of alimony from _________ (full name of the debtor) in favor of _________ (full name of the claimant) for the maintenance of _________ (full name of the person for whose maintenance alimony must be paid) for the period from “___”_________ ____ year to "___"____ ____ year

List of documents attached to the application:

1. Documents confirming the existence of grounds for calculating alimony debt (if the applicant has such documents)

• Date of application “___”_________ ____ Signature _______