In accordance with the norms of the actor, every child should be provided with material support from his parents, regardless of what kind of relationship they are in.
However, in the event of a divorce, some parents who are appointed as alimony payers try to evade their responsibilities in every possible way, trying to hide the amount of income, place of residence and other information that could help in recovering the appropriate payments from them. At the same time, alimony does not disappear from them, but begins to accumulate in the form.
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In such situations, it will be useful for both parties to learn about what the law says about alimony debtors and what liability is provided in such cases.
List of changes
The new presidential program related to methods of collecting alimony arrears should provide a significant increase in the efficiency of collection in 2019-2017. Such forecasts are calculated for the reason that in 2019 a fairly large number of amendments to the current legislation were introduced, which greatly tightened the measures that were applied to, but in practice, such changes could not bring serious results and significantly increase the total number of decent payers.
Quite often, the reason for the appearance of debt is the slowness of the parent, who simply does not submit documents for the payment of alimony.
It is quite natural that in almost 100% of cases litigation on such issues is always resolved in favor of the claimant, therefore, in principle, it is highly discouraged to delay the collection of the necessary documentation, since the conduct of the proceedings and the further collection procedure will be another loss of precious time in resolving this issue. ...
If we talk about specific changes in legislation, then it is worth highlighting several main elements:
- has been increased up to 15,000 rubles;
- if the alimony payer has a debt of more than 10,000 rubles, they can withdraw from him;
- if a child is studying at a university, then in this case his parents may be obliged to pay alimony up to up to 23 years old;
- defaulters' data can now be placed in various public places.
It is worth noting that the State Duma has concretized the concept of "malicious defaulter", and now the courts have the opportunity to use it without the possibility of evading responsibility on the part of the offender
The size
Based on the norms set out in the new 2019 regulation, the amount of alimony has been extended approximately up to 8,000 rubles, and the amount of payments for the unemployed in this case will directly depend on the amount of their average monthly salary.
Thus, given the size of the average salary at the level 32,000 rubles, an unemployed parent can be assigned maintenance obligations in the form of monthly payments in the range from 8,000 to 15,000 rubles... A more specific amount is established in the course of court proceedings and directly depends on the average salary in a particular region.
It is worth noting that at the moment the old rules for calculating alimony are standard, according to which, if the parents have not made a voluntary agreement, a certain percentage of the payer's income is charged in favor of the guardian, namely:
Responsibility
Today, a fairly large number of types of liability are provided for non-payers, and the specific type of punishment is determined depending on how much the debtor maliciously evades the duties assigned to him.
First of all, civil liability can be assigned, which consists in the regular accrual of additional charges for late payments. In this case, the amount is standard for any civil obligations and is 0.5% of the amount of accumulated debt, and is charged for each overdue day of payment.
To apply this measure, the alimony recoverer will need to file an application with the court, which will indicate the requirement to collect the debt and additional penalties for late payment.
A more serious measure is administrative liability, which provides for the imposition of a fine on the defaulter, restrictions on traveling abroad, deprivation of a driver's license, as well as the arrest of various property and bank accounts.
In the event of malicious non-payment, in the end, at the request of the second parent, the debtor may completely deprive the parental rights. It is worth noting that such penalties can only be imposed by the bailiff service, which also deals with any issues related to the collection of alimony payments and arrears.
The most severe punishment is criminal liability, which is imposed in the event of a serious crime, such as malicious evasion of funds for the maintenance of children. This measure of punishment was introduced in order to make the debtor more motivated to return debts under the yoke of growing debt and, accordingly, the emergence of the risk of a criminal record.
The very same criminal punishment consists of forcing correctional or compulsory labor for up to one year, as well as arrest for up to three months. In addition, in especially difficult cases, the debtor may even face imprisonment for up to one year.
A debt for alimony appears for a variety of reasons, but in any case, according to the law, the person in charge must pay the due payments or agree with the person concerned on the granting of a deferral. It so happens that the debt appears not at all through the fault of the debtor, and in this case, he, in principle, is released from his obligations to pay the debt that has formed.
Malicious evasion from the payment of alimony is a regular and deliberate failure to fulfill their obligations related to the material support of a minor child.
Among the signs of malicious evasion, several main ones are worth noting:
- being wanted;
- misleading authorized persons regarding the real amount of income received;
- regular change of place of residence without sending a corresponding notification to the authorized bodies;
- refusal or any evasion of looking for a new job through the employment center;
- the emergence of too large arrears in payments;
- complete disregard for various warnings sent by bailiffs;
- evading child support obligations for more than four months.
For example, the payer has refused to pay alimony for more than six months, as a result of which a fairly large amount of debt has appeared, and the obliged person does not take any measures to resolve the situation. All this suggests that there is a fact of malicious evasion from alimony, but at the same time only a judge has the right to determine the corpus delicti, and therefore this issue must be resolved exclusively by filing a statement of claim.
Possible punishment
There are several main types of punishment:
- Penalty. For each day of delay, you will have to pay 0.5% of the amount owed, and in addition, you will also have to pay 7% to the bailiffs as an enforcement fee.
- If the payer does not have a permanent income, then in this case, an arrest is imposed on his property, which will be sold.
- To pay off the alimony debt, an arrest is also imposed on the payer's bank accounts, which will be lifted only after the final write-off of the required amount of debt.
- If the fact of concealment of income is discovered in order to evade the payment of alimony, a fine of 100 minimum wages is imposed on the payer.
- Deprivation of paternity is also quite common, as evasion of the payment of alimony is considered by law as a deliberate abandonment of parental responsibilities.
- Starting from 01/15/2016, the authorized bodies have the right to deprive debtors of driving licenses if they have a debt of more than 10,000 rubles... Such a decision can only be made by the bailiff, if the term for voluntary fulfillment of obligations expires or the court has issued an appropriate decision.
- The debtor cannot travel outside the state if, due to the debt, the bailiffs enter it into the appropriate database of border zones and authorities dealing with migration and visa issues.
- Violent violators are sentenced to correctional labor for up to one year.
- Continued non-payment of alimony can result in arrest for up to three months.
- The use of illegal methods of evading the payment of alimony provides for the possibility of imprisoning the offender for up to one year.
The provision of the law on alimony debtors on deprivation of driver's license
As mentioned above, relatively recently, a new Federal Law No. 661379-6 began to operate, according to which those debtors who have not paid more than 10,000 rubles alimony in favor of their child, may completely lose their driver's license. This decision by the bailiff can be made in the presence of an application from the recipient of payments or on his own initiative.
It should be noted that, according to the law, this measure does not apply to certain categories of persons, namely:
- disabled drivers;
- professional drivers who use the car as their only source of income;
- drivers who live in hard-to-reach areas or far from large settlements;
- parents with minor children who need a car to transport their children to the place of study.
If the driver, on whom the corresponding restriction is imposed, is caught by the traffic police officers, has not yet surrendered his license, he will be fined 2 500 rubles... At the same time, if driving is carried out already with a surrendered driver's license, the amount of the fine increases up to 30,000 rubles.
FSSP
Starting in 2019, it was decided to create specialized divisions of the Federal Bailiff Service, the main purpose of which is precisely the collection of alimony payments. Initially, such bodies appeared exclusively in Buryatia and Moscow, and this was done in order to reduce the total number of people who in every possible way avoided financial support for their children.
Throughout 2019, these bodies showed a fairly high efficiency of their work, since a large number of debtors were found during the specified period of time with the help of employees of various government agencies, as well as social networks. In particular, a fairly large number of people were found regularly changing their own address.
It is worth noting that it is the FSSP employees who impose all kinds of restrictions on persons who have more than 10,000 rubles, and in addition, it was decided to actively introduce such services in all regions of Russia
Limitation of rights for public services
Another legislative initiative is to restrict debtors to receive a certain number of public services, and in particular, this concerns the possibility of:
- registration of a passport;
- obtaining any documentation through the registry office;
- passing exams in the traffic police.