By law, parents are obliged to support their minor children. Divorce often raises the question of alimony payments. There is an established procedure for legal support payments. If the debtor violates payments, then special measures can be applied to him.
It is necessary
- - statement of claim for the award of alimony;
- - court decision and writ of execution;
- - application to the bailiff service.
Instructions
Step 1
Alimony is awarded from the moment of going to court (date of application). But they can also be recovered for previous periods within a three-year period from the date of the appeal to the court, if the court establishes that measures were taken to receive funds for maintenance before your appeal to the court. But the alimony was not received due to the evasion of the debtor from their payment (article 107 of the RF IC, part 2).
Step 2
If the debtor does not pay alimony or payments are incomplete, then a debt is formed. She, according to article 113 of the RF IC, is subject to repayment. Non-payment threatens the debtor with penalties, as well as the inability to travel abroad. The debt can be withdrawn from any accounts of the debtor. An inventory can be made of the property, which is subsequently sold at auction. And the funds received are transferred to pay off the debt. Currently, the state strictly monitors the execution of claims for the payment of alimony.
Step 3
Contact the bailiff service to calculate and recover the principal and forfeit. Be sure to leave a written statement, indicate the amount of alimony paid and the amount of debt, as well as the forfeit and the period of delay in payments. The bailiff service is obliged to take appropriate measures to collect the debt within 10 days.
Step 4
If the bailiffs are inactive or the alimony cannot be collected (there is no property and the debtor is unemployed), then you have the right to apply to the court. By a court decision, the debtor will be recovered the debt and the current amounts. Deductions can be up to 70% of all income. There are reasons why the amount can be reduced (the presence of other dependents and the first group of disability for the debtor). To remove this type of debt from the debtor, there are only two reasons - this is the death of a child or the death of the debtor.
