According to Russian legislation, parents carry duties on the maintenance of their minor children, and the divorce of the father and mother is not a circumstance that libeures one of the parents from these duties. But the situations where the former spouse refuses to pay the alimony to the child or children, in Russia there are very often. And, of course, the parent who has to fully contain a common child, a natural question arises: what to do, how to make the former "second half" to participate in the content of your own sibliness?
Ilya Risser
In paragraph 2 of Art. The 80 Family Code of the Russian Federation emphasizes that in the absence of an agreement on the payment of alimony, the latter may be charged in court. Accordingly, it is necessary to file a claim for the recovery of alimony, which in most cases will amount to 25% of the parent's income per child, 33% for two children, 50% - on three and more children. However, the court decision on the recovery of alimony does not mean that the former spouse will agree to pay them. In the event that it categorically refuses to fulfill his duties, it is necessary to apply for help in the federal service of the bailiffs of the Russian Federation, more precisely - in its territorial unit. It is bailiffs that are directly engaged in the recovery of debts by aliminal payments.
The bailiffs have a rather extensive toolkit of influence on non-payers.
In particular, the executive list for the recovery of alimony can be directed:
1) to the organization, where the payer of the alimony officials officially;
2) into the bodies that pay pensions and benefits if the payer of the alimony is a pensioner, disabled person, unemployed;
3) In financial and credit organizations, if the payer has monetary deposits in a bank or microfinance organization, or securities. In this case, the listed organizations independently deduct the necessary amount of alimony from wages, pensions and benefits or from the contribution of an alimony defaulter.
Warranty of successful solving your problem - appeal to qualified legal aid
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In more complex situations, the bailiff has the right of imposing arrest to the accounts and property of the debtor, ban on registration actions with real estate and vehicles, to travel beyond the Russian Federation, restrictions on the right to manage the vehicle and attracting administrative responsibility. That is, a socially active working person who has an apartment, a car, other property and which is leading a respectable lifestyle, there is always something to fear in case of non-payment of alimony.
Exceptions are those situations where there is a literally nothing to take - it does not have the property, the official place of work, accounts in the bank. But such cases, agree, they are rare, at least in a socially prosperous environment. Yes, and in this case, the bailiff may apply for the initiation of a criminal case under Article 157 of the Criminal Code of the Russian Federation "Non-payment of funds for the maintenance of children or disabled parents." The maximum punishment that threatens an alimony defaulter according to claim 1 of this article is 1 year of imprisonment.
It is also worth remembering that bailiffs are pretty often because of their overloads are not in a hurry with the execution of responsibilities assigned to them. In this case, it is necessary to file complaints about the inaction of bailiffs to the upstander of the territorial and regional units of the FSSP, the management of the FSSP of Russia, to the prosecution authorities supervising the activities of bailiffs. In any case, the guarantee of successful solving your problem is an appeal for qualified legal aid to a lawyer, a professional in the field of family and civil law.