Crumbs for my son: what is the penalty for failure to pay child support | November 21, 2023

Source: AP 2023

The most effective ways to force a parent to give away “children’s” money. Details are in the Izvestia article.

Master keys for a lock with a secret

Bailiffs collected more than a million rubles from a 38-year-old resident of Khasavyurt as part of enforcement proceedings. According to a court decision, the man was obliged to transfer 0.5 monthly minimum wages to his minor son, but he made payments irregularly, accumulating a huge debt. Bringing to administrative liability did not force the debtor to pay. Then the bailiff tried to recover through the court a land plot worth 2 million rubles, which was owned by the defendant. After this, as the press service of the Federal Bailiff Service for Dagestan reported, the man transferred the funds to the collector “promptly and in full.”

In Volgograd, bailiffs managed to obtain the repayment of funds for raising a girl in the amount of 190 thousand rubles from the defaulting father, limiting his rights.

“As part of the enforcement proceedings, the bailiff issued decisions on the temporary restriction of the debtor from leaving the Russian Federation, on the ban on registration actions in relation to vehicles, as well as on the temporary restriction on the use of a special right (the right to drive a vehicle),” the statement said. regional administration of the FSSP.

Bailiffs from the Stavropol region used a similar mechanism in relation to the alimony worker. But in the story of the businessman who owed 290 thousand to his child, he managed to deprive him of the opportunity to travel abroad. The Russian has a second, Vietnamese, citizenship, and he often travels there for work.

“During the course of enforcement actions, service employees established that he was unofficially working in a large clothing market. They went to the address and handed him a decree restricting his right to travel abroad. Within a day, the entire amount of the debt was repaid,” the department said in a statement.

A resident of Medyn (Kaluga region) agreed to pay off her alimony debt of 250 thousand rubles after the bailiffs seized her expensive electric scooter.

“After this, the debtor in a short period of time completely repaid the alimony debt in favor of her own daughter. At the moment, the citizen has taken the path of correction and found a job. Current alimony payments will now be collected from her official earnings,” the regional department of the FSSP reported. The woman’s ten-year-old daughter is currently being raised by guardians.

How to start the mechanism

“If a parent has stopped supporting his child, the court can force him to pay,” explains lawyer Alla Georgieva. — That is, first, the other parent with whom the child is located must go to court with a demand for the collection of alimony for the maintenance of the child. Without a court decision, it will be impossible to use compulsory “levers.” Next, the claimant contacts either the bailiff service or the accounting department of the organization where the debtor works. But this does not at all guarantee that the claimant will begin to receive decent money.

The court also has the right to recover from the debtor a penalty in the amount of 0.15% of the debt amount. However, it is problematic to obtain additional funds from a person who has difficulties with income.

According to the lawyer, a significant proportion of defaulters have irregular, fluctuating income, which is very difficult to track.

“Either the alimony payer receives a salary in the minimum amount plus “in an envelope,” says Izvestia’s interlocutor about another category of alimony payers. — In this case, the claimant receives the bare minimum for the child, if anything at all.

The amount of alimony is calculated based on the official earnings of the debtor or on the average earnings in Russia at the time of debt collection.

Local freezing

Seizure of bank accounts is also a common measure to ensure payment of alimony debt. The money, having arrived on the debtor’s card, is first retained by the Federal Bailiff Service and then sent to the creditor.

“If the debtor has credit obligations, credit accounts are also frozen,” says the lawyer. “This creates inconvenience for some, and they begin to pay child support. But there are also those who evade responsibility by using the cards of relatives and other persons.

The seizure of property will also create inconvenience – it will not be possible to sell it until the alimony debt is fully repaid. Georgieva considers restricting the right to drive a car to be a very effective measure. If the parent does not pay child support and does not have obligations to raise the child, the interested party can file a lawsuit to deprive the debtor of the parental rights.

“This is also a good measure, since even the worst debtor wants to be a parent,” says the lawyer.

If it is not known where the alimony worker is, he can be put on the wanted list. However, based on her own practice, Georgieva considers going to the debtor’s home as part of enforcement proceedings the most effective way of influence.

— The property is described and seized from the debtor’s residential premises. This measure creates inconvenience not only for the debtor, but also for family members living with him.

If the bailiff is inactive within the framework of enforcement proceedings, you can complain to his management, the lawyer notes.

The most radical instrument of influence remains the criminal prosecution of malicious alimony defaulters. According to Ministry of Internal Affairs Russia, from January to September, almost 40 thousand cases of criminal non-payment of alimony were registered (the statistics also include cases of non-payment of funds for the maintenance of disabled parents). This figure is 11.7% less than last year.

In the Amur region, a biological mother of four children was sent to a settlement colony for a year by court decision for failure to pay funds for the maintenance of minors.

“Previously, administrative and criminal measures were applied to the woman, since she had not paid money for the maintenance of children for a long time without good reason, which led to the formation of a debt in the amount of more than 80 thousand rubles,” the Amur Region Prosecutor’s Office said in a statement .

However, much more often under Part 1 of Art. 157 of the Criminal Code of the Russian Federation condemns male defaulters.

According to the Legal Information Agency, in 2022, 48,934 people were convicted of failure to pay child support, and five were acquitted. Less than 9% of defendants received a sentence of actual imprisonment, and almost 12% received suspended sentences. The most common type of punishment for child support workers was correctional labor – 30,884 irresponsible parents were subjected to it.

— If the debtor does not pay alimony for two months or more, then he can be brought to administrative responsibility under Part 1 of Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation, and those who are especially malicious (who do not pay for more than four months) can be brought to criminal liability,” explained Alla Georgieva. — According to statistics, almost half of debtors [в такой ситуации] begins to pay child support. But here we must take into account that the criminal liability of a parent can adversely affect the future fate of the child.

Alternative to courts

A pre-executed alimony agreement will help you insure yourself in case the alimony payer at some point stops fulfilling his payment obligations. By law, a document with a notary’s seal has executive force.

— The agreement allows you to collect the debt without court if the paying parent begins to evade the fulfillment of the obligations established by the agreement on the payment of alimony. It’s enough just to come to the bailiffs with the document,” the Federal Notary Chamber told Izvestia.

Such an agreement usually takes into account the payer’s real income, current marital status, the presence of other children and plans to join a new family, the presence of debt obligations, and more.

— Often, when drawing up an alimony agreement, it is also necessary to take into account the age and health status of the payer. For example, when difficulties arise in determining the exact amount of a parent’s income and a decision is made to collect alimony in a fixed amount of money with subsequent indexation depending on changes in the cost of living in the region.

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