The problem of collecting alimony is currently the most urgent in the field of family law. According to the law, parents are obliged to support their minor children, regardless of the size of their income. In practice, not every parent transfers the due payments in full, or does not pay at all.
Instructions
Step 1
As a rule, the debtor hides his income - he works unofficially, receives a salary "in an envelope" and does not make any payments on the basis of this. In this case, if the recipient of the alimony has any information about the place of work of the debtor, it is necessary to inform the bailiffs about this. After a request to the tax office and the pension fund, it turns out that either the company still makes some contributions to these services, or violates tax laws. In the second case, the OBEP is already dealing with the management of the enterprise.
Step 2
If the debtor does not pay the alimony for several months, you can write a statement about the initiation of a criminal case for malicious evasion of the payment of alimony. According to article 157 of the Criminal Code of the Russian Federation, the guilty person is punished with compulsory labor for a period of 120-180 hours, or correctional labor for up to 1 year, or arrest for up to 3 months. In case of refusal to initiate, this case is appealed to the court. In order not to be in the dock, it is enough for the debtor to transfer at least some sums every few months.
Step 3
If the debtor has property, you can foreclose on the debts on him. The bailiff is obliged to search for the property of the debtor, but if the recipient of the alimony knows anything about this, the bailiff can be helped by writing an appropriate application. After the car, dacha, garage, luxury goods are described by the bailiffs, the debtor, as a rule, begins to pay at an increased pace. If the bailiffs are inactive, the recipient of the alimony has the right to write a statement to the prosecutor's office about the inaction of the judicial authorities.
Step 4
If the debt is large and has a long term, it makes sense to collect a penalty from the debtor. According to the law, the debtor is obliged to pay a penalty in the amount of 0.2% of the amount owed for each day of delay. The amount of the forfeit is calculated by the plaintiff independently, the application, along with the calculation of the amount, is submitted to the court. This method works well against defaulters who expect that over the years inflation will "eat up" the amount of debt and after decades it will be easier to repay the debt.
Step 5
According to article 69 of the Family Code, malicious evasion of the payment of alimony is a ground for deprivation of parental rights. At the same time, the deprivation of rights does not release the former parent to continue to pay child support. This circumstance provides an excellent way of influencing a debtor who has managed to start a new family.
Step 6
The alimony debt has no statute of limitations. The alimony debt can be canceled only in the event of the death of the child or the debtor. After the child reaches the age of majority, child support payments stop. But he will have to collect the unpaid debt on his own.
