If, by a court decision or on the basis of an agreement, a person is obliged to pay alimony within the established time frame, but admits a number of delays in fulfilling his obligations, the other party has the right to collect a certain amount of forfeit. This value depends on the conditions for the appointment of alimony and is calculated from the date of the formation of the debt.
Instructions
Step 1
Determine the legal framework that will help you defend your right to receive a forfeit for child support. So, in article 115 of the Family Code of the Russian Federation it is said that if alimony is paid on the basis of an agreement, then their collection is carried out according to the conditions specified in the agreement. If the court has imposed the obligation to pay alimony, then the penalty is calculated as one tenth of a percent of the amount owed for each day of delay. In this case, this amount can be claimed directly from the defaulter or collected through the court.
Step 2
Consult an experienced family lawyer. He will tell you how to behave correctly and what documents to draw up in order to receive the full amount of the penalty. In some cases, a lawyer will be able to increase the amount received by paying off losses that were received as a result of non-payment of alimony.
Step 3
Contact the person with a request to pay off the child support arrears and pay the forfeit. In case of refusal, write a written claim in which you indicate the amount and terms of payment, and also refer to the articles of the law that confirm your right. It is advisable to send this letter by mail and keep the receipt. This document will help you in case of a trial.
Step 4
Submit your claim to court. If the alimony is paid by a court order, then you will simply be charged a forfeit. If on the basis of an agreement, then carefully study all the points. Indicate in the claim the terms of the contract that provide for penalties in the event of debt. If these points were not spelled out, then it is necessary to hire an experienced lawyer who can prove the legality of the forfeit claims.
Step 5
Get a court order to recover the forfeit. You can get the funds yourself or using the services of bailiffs. In some cases, it is also recommended to contact the law enforcement agencies if the defendant cannot be found by other methods.
