Divorce is always a difficult stage in life, mainly associated with negative emotions. If a married couple has minor children, the question of child support obligations of one of the parents almost always arises. Unfortunately, cases often arise when a father or mother categorically refuses to take part in the life of their child - then the collection of alimony is carried out forcibly. This is where situations arise with evasion of alimony payments, which is a direct violation of the law.

In legal practice, one can find many cases where prolonged and intrusive influence on the debtor has borne fruit, but in the case of particularly malicious defaulters, bailiffs come to the rescue. It is true that sometimes they may not take any measures to fulfill their official duties, and such arbitrariness simply cannot be ignored. We will tell you in this article what to do if your ex-husband does not pay alimony and the bailiffs are inactive.

What to do

Despite the fact that evasion is considered an offense that may result in criminal liability, many payers are still in no hurry to pay off the debt. Sometimes even going to court cannot change the situation, especially if public services refuse to fulfill their duties. And here the question arises: what to do if the husband does not pay alimony according to the writ of execution?

Let’s make a reservation right away – it will take a lot of effort and time to get money. This procedure is described in more detail in Article 50 of Federal Law No. 229 “On Enforcement Proceedings”. Before complaining about the inaction of prosecutors to the relevant authorities, it will be useful to familiarize yourself with the legal rights of all parties to enforcement proceedings.

If the bailiffs are in no hurry to comply with the court decision to collect alimony from the child’s father, you can take the following measures:

• Understand in detail the materials of the case of enforcement proceedings;
• Prepare additional documents relevant to the case;
• Submit a petition as part of the consideration of the case;
• Challenge if there is a possibility that bailiffs or officials are interested in favor of the debtor.

This is not a complete list of ways to replace a bailiff. But it is worth noting that this requires compelling reasons, and the official’s inaction, unfortunately, is not one of them. It will not be easy to prove the bailiff’s personal interest in your case, but if you have even a minimal evidence base, it is worth trying to resolve your issue in court.

Where to complain

The inaction of bailiffs is one of the most common causes of dissatisfaction among citizens faced with enforcement proceedings. We all heard time and again that they do not take any measures to find the debtor, his property or sources of income. And sometimes ignoring the demands of the child’s mother has more serious consequences than just the illegal actions of the bailiff. That is why it is so important to promptly file a complaint against bailiffs with the authorized bodies.

Exists several authorities capable of influencing bailiffs:

• Federal Bailiff Service. The complaint is submitted to a senior official subordinate to the bailiff;
• Prosecutor's office. After your appeal, the prosecutor is obliged to initiate an inspection, after which an order is issued to eliminate the identified violations;
• District Court. In this case, you will also receive not a formal reply, but a consideration of the complaint on its merits.

First of all Of course, it is better to complain about the performer to his superiors. Moreover, this must be done within 10 days from the moment you learned about the violation of your rights. The main advantage of such a complaint is that the senior bailiff is authorized to apply various disciplinary measures against his subordinates. If your appeal did not bring any results, you can safely go to the prosecutor's office. Most likely, the prosecutor will order an investigation into your case and issue a warning to the civil servant.

Each of us also has the opportunity to defend our rights in court - by filing. If the judge considers your demands convincing, he will make an appropriate decision recognizing the bailiff’s inaction as illegal. In this case, you will be guaranteed attentive attention from the bailiff service during enforcement proceedings.

How to make an application

When filing a complaint, you must be guided by the requirements established by Art. 124 of Federal Law No. 229-FZ. Essentially, this is the same official document that sets out in writing the demands of the child’s mother, whose ex-husband does not pay child support, and the bailiffs are inactive. This means that such a statement must meet certain standards. To be accepted for consideration, it must have the following structure:

• In the upper right corner are the details of the territorial Federal Bailiff Service to which the complaint is being filed and the name of the senior bailiff. Here you also need to provide information about the claimant (full name, home address and telephone number);
• Descriptive part. It must contain the name of the bailiff and the number of the enforcement proceedings in which he is involved. Then indicate the details of the debtor and the amount of alimony that must be collected for the maintenance of the child (full name and year of birth). Briefly describe the situation in which you noticed a violation of your rights, in particular, the period during which enforcement measures were not carried out. Do not forget to note that you have previously read the materials of the enforcement proceedings and identified the bailiff’s inaction on your own;
• The pleading part. Referring to p. 64, 68, 122-128 of the Federal Law “On Enforcement Proceedings”, demand that the bailiff’s inaction be recognized as illegal and that he be brought to disciplinary liability. Here you can ask to take all necessary measures to execute the court decision and collect alimony;
• In the lower right corner is the date the complaint was filed, the name and signature of the claimant.

Today there is no need to attach any supporting documents regarding the case to the complaint. The department can independently request them if they are needed. But in the case where the interests of the applicant are represented by his authorized representative, in addition to the application, it will be necessary to prepare a notarized power of attorney.

Sample complaint

Impact through the court

Some believe that a trial in the event of a bailiff evading his duties will give a better result than a complaint to a senior bailiff and an appeal to the prosecutor's office. But it is still better to resort to this option only if the contractor continues to fail to act even after the order is issued. In addition, through the court you can recover all the losses that the bailiff caused you.

In order to file an application with the court, the claimant has the same 10 days, after which his claims will be considered by the judge within the same period. If the court finds in favor of the plaintiff, he must file a claim for damages in civil proceedings. In this case, one should be guided by the norms of the Civil Code of the Russian Federation, namely Art. Art. 16, 125, 1069 and 1071.

Many different things happen in life. Unfortunately, parental divorce is not an uncommon situation. Children in such a situation remain with mom or dad, but still need moral and material support from the other spouse. There are a number of features that need to be observed in 2018 to avoid problems.

Remember that from January 2019, bailiffs must index the amount of alimony by 2.5 percent.

According to Russian laws, unemployed citizens must also pay alimony, just like those who are employed.
There are several options on how to do this:

1. Agree peacefully and...

Of course, a peaceful resolution to the conflict is much better. In such a situation, the parties will not need to waste time and effort on legal disputes. It will be enough for you to come to a common decision with your second spouse. It is necessary to provide for the amount of alimony, as well as the period within which it must be paid. Also in the agreement, indicate how payments will be made, for example, to a bank card or in cash.

If a peaceful resolution to this conflict is impossible, then the spouse with whom the child remains will have to go to court.

In 2019, alimony from a non-working father is established by the magistrate's court, usually in a fixed amount. In most cases, their size is 5,600 rubles. If the child’s father is on the labor exchange, then alimony can be collected from unemployment benefits.

We are often asked whether something can be done in almost hopeless situations. These include:

• ex-husband unemployed;
• the ex-spouse has a very low official salary, often below the subsistence level.

How are they calculated?

Calculation of alimony from an unemployed spouse must be done very responsibly. First, go to court with a statement of claim. We advise you to help the court by collecting as much evidence as possible of the spouse’s possible income.

Sources of income can include any income, for example, from renting an apartment or a spouse's pension. In the vast majority of cases, even if the spouse does not have an official source of income, he works somewhere unofficially. Try to find out where he works, maybe you can talk to his director or employer.

In any case, after the writ of execution is issued, the bailiffs will also look for all possible sources of income.

The court may choose two options for payment:

1. Payment in a clearly defined monetary amount. This option is most often used for unemployed spouses. The amount of alimony in this case is calculated from the amount of the subsistence minimum in this region. In most cases, it will be 5,000-10,000 rubles per child. In this case, the court will also take into account the marital status of the mother and child.
2. The second option is . The sizes and calculations here differ depending on how many children you have. If, if, if.

Remember also that alimony can be recovered from the mother if she or.

Documents for court

If you decide to go to court, do not forget to submit along with the statement of claim:

1. Marriage certificate.
2. Child's birth certificate.
3. Copies of passports.
4. Documents about the place of residence of the spouses.
5. Documents confirming the spouse's income.
6. You can also collect and record in writing witness statements.

If the spouse does not pay the required alimony, it will be possible. Also in this case, you can add penalties and penalties. In some situations it may be.

Questions and answers

Maria
My husband and I lived together for 4 years. During this time, our daughter was born. Five months ago I filed for divorce. The court also ordered the husband to pay alimony in the amount of 25% of his income. He paid for 2 months and then stopped. I learned from his friends that he quit and is now going to open his own LLC or individual entrepreneur. He is now listed as unemployed. Bailiffs say that he has no other official income. Tell me what should I do?

Answer
You need to go to court with a statement of claim to establish a different amount of alimony. In your situation, you need to demand the establishment of a fixed amount that the husband will pay monthly. In such cases, the judge is guided by the cost of living in your region.

Ivan
My wife and I recently divorced and have a child together. I paid child support, and then I was fired from my job. Now I’m registering with the employment center. They said that until I find a job they will pay me unemployment benefits. So while I'm unemployed, I can avoid paying child support? I don’t have any official income.

Answer
In your case, unemployment benefits are considered income. It is from this amount that you will have to pay child support.

Svetlana
My husband used to have another family. There is an 8-year-old daughter there. My ex-wife filed for alimony 3 years ago. My husband paid for a while, then stopped. He is not officially registered at work and is considered unemployed. For about a year now, bailiffs have been looking for him, his debt is growing, and they are still threatening him with fines and criminal liability. Is it possible to get rid of the payment in any way?

Answer
It is forbidden. Even if the ex-father is unemployed, he is required to pay child support. If he continues to evade, then the debt, fines and penalties will really grow. In some cases, criminal charges may be filed.

Alexey
When I was divorcing my wife, she filed for alimony for our son. The court ordered me to pay 25% of the income. This despite the fact that I didn’t officially work anywhere. I thought that I would pay 2-3 thousand rubles as an unemployed person. And the bailiff says that I have to pay 8,000 rubles a month. Where did such a large amount come from?

Answer
In your situation, the bailiff calculates the amount based on the cost of living in the region. You actually end up with a higher amount than it should be. You can make an appointment in person with the bailiff and ask him to explain his calculations. You can also go to court to recalculate alimony. Ask for a fixed amount.

Andrey
How much should I, as an unemployed person, pay alimony for my wife and two children? We divorced 3 months ago. Moreover, the children are twins, they are not yet three years old. The wife is now on maternity leave. I have income, but according to the documents it is not officially indicated anywhere. I don’t want the court or the tax office to find out about it. How can you do everything neatly?

Answer
You can negotiate with your wife and make an agreement. You will pay the amount specified in the agreement. Most importantly, do not forget to document the money transfers so that your spouse does not sue later. You can do it every time you transfer money from it. If suddenly the case comes to court, he will establish some kind of crime against his wife and children. It is better, of course, in your situation to negotiate peacefully. If the case goes to court, it will be handed over to the bailiffs, and they will check all your accounts and other sources of income. They can also contact the tax service.

Anna
How to collect child support if the father does not work? More precisely, he constantly carries out work on the construction and renovation of apartments and houses, but he does not have an official salary or work book. He says that he is not going to give me anything at all, he is still very angry after the divorce. I threaten him with the court and the police, but he says that he is not afraid, he is unemployed. I want to make sure that he pays us 5-10 thousand a month.

Answer
The ex-husband is obliged to pay in any case, even if he is not employed anywhere. File a claim in court. The court will set a fixed amount or percentage of income. We advise you to declare the maximum possible amount in the statement of claim, for example, 20 thousand rubles per month. The court itself will reduce it to reasonable limits.

In Russia in 2018, there is a situation of increasing evasion of people from payments for child support after a divorce. If the husband does not pay alimony, you need to find out the reason for such actions, whether he does not want or cannot do this.

Why doesn't he want to pay child support?

When the ex-husband does not pay alimony, the issue is resolved or.

If a man loves his children, you can make agreement in two copies on the payment of alimony. In such a document, it is necessary to stipulate the amount of alimony, the method of transferring the amount, the time during which the money should be transferred, when alimony payments end and other nuances. A written agreement, otherwise it will not have legal force.

Where to contact

If the debtor deliberately avoids proposals to reach an agreement peacefully, extreme measures must be taken. The plaintiff files.

The judge can decide the case in a simplified way, that is, . In this case, the spouses are not called, since he has complete information about the defendant’s place of work and income. The ex-wife is issued an order to collect alimony. The court decision can be appealed within ten days.

In this situation, the plaintiff must again apply to the court, but a decision is made only in the manner prescribed by law.

During a lawsuit, both spouses are summoned to court to clarify all the details of the case. This is important if the ex-husband is trying to hide the income he receives.

Collection of alimony by bailiffs

Ex-spouse's share of income is for one child – 25%, for two children – 30%, for three children – 50%.

If the child’s father has not paid child support for quite a long time, and an impressive amount has accumulated, the percentage of payments can be increased to 70%. But it should be remembered that the writ of execution has a statute of limitations of 3 years. During this time, the amount of payments will be accrued.

But even if the court makes a decision, the negligent parent also evades payment under the writ of execution, You should contact the bailiff service. Enforced collection of alimony is the responsibility of this organization.

Often, women living in an official or unregistered marriage have problems when she wants to break up with a man.

He does not want to help the woman or support his own minor children.

The article discusses the question of how to force a man to do this.

If a person is listed as a father in the paternity column, he is obliged to pay, and it is not even necessary to dissolve the marriage.

Step one

Try to talk to him about voluntary payment of alimony by concluding an alimony agreement, which must be certified by a notary. It must specify the amount and method of transferring money, the duration of the agreement and the reasons for its termination. There is no need to be afraid that it will not be executed; you can contact the bailiff to enforce it.

If the defendant cannot make monetary payments due to a serious illness or loss of work, you need to find out when he will solve his problems and begin paying the resulting alimony arrears.

Step two

If a man fundamentally does not want to pay alimony due to selfishness and irresponsibility, and rejects all your proposals for voluntary payment, then he will have to go to court to initiate proceedings for non-payment of alimony.

The writ proceedings can be simplified (the judge considers the case alone) without summoning the parties. This will happen when the judge knows the father's place of work and income. The child's mother is issued a court order to collect alimony from the defendant.

Claim proceedings involve summoning the plaintiff and defendant to court to consider the circumstances of the case. This is necessary if it is necessary to collect arrears of alimony or determine the method of calculating the amount (share of income, fixed amount). Most women prefer to receive shares of income: 25% ─ one child, 33% ─ two children, 50% ─ three or more children.

If the plaintiff has not paid alimony for a long time, resulting in a large debt, then the deduction from wages can be up to 70%. The statute of limitations for paying alimony is 3 years, and it is during this period that the amount of money will be accrued.

Step three

After the court ruling, the husband continues to not pay child support. This can happen if he is a private entrepreneur or does not have a permanent job and his income is difficult to track.

Bailiffs will help track the defendant’s income. Contact them; the basis for this is a court order to collect funds from the defendant (court order) or a notarized agreement with the child’s father on the voluntary payment of money.

Responsibilities of the bailiff:

Establish an unofficial source of income.

Identify bank accounts.

Describe the debtor's property.

If the ex-husband does not pay alimony, how to collect it from an unemployed man

The Family Code of the Russian Federation (Article 80) states that parents must pay child support regardless of their labor status.

If the husband is unemployed, is on the labor exchange and receives benefits, then the amount of alimony is determined by agreement of the parties or by a court decision. Since the amount of the benefit is small, alimony payments will be insignificant.

If he does not have official unemployed status, alimony is calculated based on the average earnings in the region of residence or in the Russian Federation. The amount of debt will accumulate, which will allow it to be collected from the debtor’s property.

If the defendant is not officially employed, but has temporary earnings, he can voluntarily pay alimony to the plaintiff. If they refuse to do this, the bailiff must check the monetary transactions, obtain evidence of income and, during the trial, establish the monetary amount of payments.

What to do - if the ex-husband does not pay alimony, the powers of the bailiff

Based on the executive order, the bailiff initiates a case to collect alimony from the debtor. He must:

Call the debtor to clarify the circumstances of the case and collect documents.

Determine the debtor’s place of work and send there a request for the amount of wages, make a request to identify the debtor’s property (State Traffic Safety Inspectorate and BTI).

Request from the accounting department at the debtor's place of work the transfer of alimony within 3 days after the payment of wages.

Go to the debtor’s place of residence, find out his financial situation and seize property within the limits of the debt.

Freeze the defendant's funds in his bank account.

Prohibit the debtor from leaving the country.

If bailiffs perform their duties poorly, their action can be appealed to higher authorities or the prosecutor.

Punishments for failure to pay alimony by the defendant

The law provides for tough actions against a persistent alimony defaulter who hides his income:

Deprivation of a driver's license (the norm is valid from January 15, 2016). The decision is made by a bailiff without going to court.

Punishment in the form of 100 minimum wages if the bailiff finds out that the debtor is hiding his income.

Payment of penalties for each day of delay in payments due to the fault of the debtor.

Liability provided for by the Criminal Code of the Russian Federation for repeated evasion by the defendant of paying alimony

If your husband does not pay alimony for more than four months, is hiding from bailiffs, has a large debt, or is hiding his income, he may be held accountable for failure to pay alimony.

The Criminal Code of the Russian Federation provides for the following types of punishment:

One year of corrective labor conditionally with the performance of labor duties at the place of work, without the right of dismissal (the consent of the criminal-executive service is required). The unemployed are prohibited from refusing a job offered by the employment service.

Community service for a period of 120–180 hours is educational in nature and is not paid. They include cleaning the area, washing floors, and caring for trees.

Arrest up to three months.

Restriction of freedom for up to 1 year.

The initiator of the initiation of criminal prosecution is the bailiff on the initiative of the plaintiff or his own. The bailiff must prepare material about malicious evasion of alimony payments and send it to the prosecutor's office or internal affairs bodies, then the case is transferred to the court.

Many men believe that living with a woman in a civil marriage will save them from paying child support.

If he doesn't pay child support, what should I do? How to make their common-law husband pay

An important point is establishing the paternity of the child; it is good if the common-law husband voluntarily agrees to recognize him. You need to submit a joint application to the registry office to add the father's surname to the child's birth certificate, and then the collection of alimony occurs in the general manner.

If you refuse to recognize the paternity of the child, you need to go to court to start the procedure to establish paternity.

The statement of claim must indicate the date of residence with the man and the date of birth of the child. Indisputable evidence is a genetic examination, which will determine by 99% whether the man is the father of the child, but if the defendant refuses to do this, the court will examine circumstantial evidence.

Such evidence may be joint housekeeping, letters where the man acknowledges his paternity, money transfers, videos, photographs, testimonies of friends and neighbors.

If the court makes a decision to recognize paternity, then with this decision you need to contact the registry office so that they make an entry on the birth certificate about the child’s father. Monetary payments will be accrued only from the moment the court recognizes the defendant’s paternity.

The Family Code and the legislation of the Russian Federation have a wide range of instruments for protecting the rights of the child, allowing the collection of alimony. The main thing is to know them and skillfully use them when protecting your legal rights.

Many negligent fathers resort to such methods of partially concealing their alimony obligations. By presenting to the court a certificate of average earnings, which differs significantly from the real one in the direction of decrease, they infringe on the legitimate interests of their minor children, due to which they improve their lifestyle.

As a rule, such acts are not only illegal, but can also be detected with some ease.

Mostly the court assigns alimony allowance based on a certificate of average earnings. But if it does not correspond to the real state of affairs, the offender should be exposed and held accountable. This can be done by a bailiff who has the necessary competencies and powers.

For this, primary evidence or reasoned arguments from the mother are sufficient, on the basis of which the following steps can be taken:

1. make a repeated request to the accounting department at your place of work;
2. in case of justified doubts, submit a request to the State Tax Inspectorate;
3. request information about personal income tax withholding from the tax office;
4. if you pay off a loan, request information about income from the bank.

You can also contact other institutions and organizations where information about income could be provided. In case of discrepancies in information, the citizen can be brought to administrative responsibility under Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation or to criminal liability under Article 157 of the Civil Code of the Russian Federation.

ATTENTION: The State Labor Inspectorate has the authority to verify the authenticity of a document issued by the employer; if violations are detected, the employer may be held liable.

What to do if your ex-spouse is not employed anywhere?

After dismissal from work, the father is obliged to find a job in a new place. If he does not find an appropriate place, he must register with the Employment Center. However, such citizens are not provided with benefits in the form of exemption from alimony payments. According to Article 80 of the RF IC, prescribed alimony is collected regardless of whether the payer works or is not employed.

During the period of forced unemployment, the father is obliged to pay a proportionate amount of alimony. If this does not happen, the child’s mother can recover money from him in a fixed amount. Such collection occurs only in court. Minor delays in payments when moving from one place to another are acceptable, but with the obligatory return of arrears for the period of unemployment.

If a wife applies for alimony for the child’s unemployed father, nuances arise in the procedure for assigning it. Even if the father is included in the child’s register and the marriage was officially registered, it is necessary to file a claim in the district court, and not go to the magistrate, as in other similar cases.

In the statement of claim, indicate the requirement for alimony in a fixed amount. It is not a fact that the specified amount will be recovered. The court may satisfy the claims partially.

What happens to an unemployed person for non-payment?

Since an unemployed person is not exempt from alimony, failure to register for unemployment, and lack of desire to find a job are compelling arguments for the imposition of additional sanctions. Initially, the bailiff has the right:

• submit a request to the traffic police to terminate the right to use the vehicle;
• to the State Services website to terminate the right to use them;
• ban travel abroad.

The defaulter is notified of the need for employment. If these measures prove to be insufficient, the bailiff submits a report to the prosecutor's office for administrative penalties. Here we consider the circumstances of the case that do not allow the debt to be repaid. If there are objective reasons, a flexible debt repayment schedule may be established.

If a fact of intentional evasion is discovered, an administrative penalty may be imposed, which includes:

1. administrative work up to 150 hours;
2. administrative arrest from 10 to 15 days;
3. administrative fine.

If these circumstances do not force the father to find a job, he may fall into the category of “willful defaulters” and be subject to criminal punishment. In addition, the child’s mother has the right to file a claim to deprive the defaulter of parental rights. Criminal liability includes:

• forced labor from 120 to 180 hours;
• correctional labor for a period of up to 1 year;
• arrest for 3 months.

REFERENCE: Deprivation of parental rights involves complete exclusion from raising a child and meeting with him, as well as the loss of other benefits and advantages provided for parents.

How can I force him to transfer funds for child support?

If a court order for the assignment of alimony has not yet been issued, it is necessary to apply to the district court with a claim for the assignment of alimony in a fixed amount, in accordance with the provisions of Article 83 of the RF IC.

If a notarized agreement of the parties was previously drawn up, the court makes a decision on the execution of the terms of the agreement. On this basis, the FSSP issues a writ of execution with the right to demand alimony.

A bailiff works with unemployed defaulters, who has the right to force employment and payment of alimony by all possible means. If there are significant amounts of debt that the unemployed cannot repay, his property, which is used to pay alimony, is seized.

Who must pay if the father is officially considered unemployed?

Alimony is paid by the person to whom it is assigned by the court or a jointly drawn up notarial agreement. Such obligations are not transferred to third parties, including the state.

IMPORTANT: Oral agreements have no legal force, just like simple written ones. Such a document must be certified by a notary.

A father who has lost his job must immediately register with the Employment Center. The allowance assigned during the job search serves as a basic income, from which a proportionate amount of alimony is withheld.

If a person is fundamentally not registered with the CZN, or his income turns out to be systematically irregular, he should apply for the establishment of a fixed amount of alimony, which will allow him to control his debt.

At a certain stage, when the defaulter accumulates a large amount of debt, not only his personal property may be seized, but also his existing housing, from the sale of which a settlement will be made with the child’s mother.

Lack of work does not exempt you from the obligation to pay child support.. In this case, the payment algorithm depends on a number of circumstances, including the father’s financial situation and ability to work. Alimony can be withheld from unemployment benefits or from the forced sale of property owned by the debtor.