Unfair payers, obliged to list the beneficiary defined in favor of the recipient, in pursuit of preservation of their wealth can doubt the commission for a long time. For this action, the relevant groups of individuals may threaten, up to imprisonment in the Criminal Code of the Russian Federation.
The punishment for evading the payment of alimony is governed by the provisions of the current. Many believe that the involvement of responsibility can be carried out only with the failure to fulfill the care of care, but this is not at all.
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To understand the key features of evading the payment of alimony, it is necessary to familiarize themselves with the existing, with the procedure for attracting and appointment, as well as with the provisions that are clearly prescribed in regulatory acts.
What is said in law
The procedure for the legal settlement of disputes inside the family is determined by the current.
The provisions of articles on the process of carrying out alimony payments are set as follows:
- spouses should equally provide their own minor children;
- ensuring disabled family members should continue after reaching them. 18 years;
- even with the maintenance of a child, guardians or official representatives do not exempt parents from financial responsibility.
Aliminal obligations can be established in pre-trial procedure by concluding a bilateral contract between parents. In the absence of such an agreement, the issue is solved solely in court.
In the quality of the debtors, in accordance with Chapter 13 of the RF IC, the following categories of persons may appear:
- spouses;
- children who have reached the age of 18;
- emancipated children over 16 years old;
- other family members.
Evasion from the payment of alimony is a situation within which the person who is the direct payer of alimony refuses to transfer funds in favor of the recipient. The procedure for payments is regulated by civil and family legislation. It is worth noting that the refusal to receive appropriate payments is not provided for by law.
As for the cases related to the duty of adult children to provide their parents, the refusal to pay will not be considered evasion, if earlier parents did not carry out due material support until the age of majority achieve. In this case, the default penalty does not threaten.
Arbitrage practice
Judicial practice considers several legitimate ways to evade money payments in favor of the child.
First of all, these methods are as follows:
- sudden change in the financial position of the payer;
- changing family status - for example, the birth of a child in a new marriage;
- the presence of external factors that establish obstacles to payments.
Under the wording of the deterioration in the material situation, the loss of the place of permanent employment may be provided, a significant decrease in the level of official income, the presence of a serious illness, which prevents stable activities, the need to care for other family members and so on
In this case, to avoid payments on legitimate grounds, the interested person can file a claim in the court at the place of its actual residence. This document must contain in itself, necessarily, requirements for resizing or complete payments.
As evidence, certificates are provided from medical institutions, certificates of the birth of new children and so on. The sample of the relevant document can be obtained by the interested party at the time of appeal to the court.
If a person who has debt obligations on alimony enters into a new marriage and children appear in his family, then this can be a direct basis for reducing the amount of payments. The procedure is identical to cases associated with changing the financial situation.
Among other valid reasons, it is important to allocate the following:
- obtaining the first or second group;
- recognition of the payer is completely disabled;
- the commission of deliberate actions aimed at causing harm to life or the health of the payer.
How to attract
The offense, which is committed by the subject of relations as part of the payment of alimony, can lead to a wide variety of penalties. To attract a malicious defaulter to justice, it is necessary to prove the fact of his guilt. It should also be taken into account that funds that are subject to transfer must be written off from the account or from wages on the basis of a judicial resolution.
The interested party must carry out the following operations:
- To apply to the court and provide a claim for recovery of a certain amount of funds to provide a minor child - if such a requirement is satisfied, the court will give an executive list to the applicant's hands, which is later sent to the court performer service to open the enforcement proceedings.
- Wait for expiration 10 business days - During this time, bailiffs are obliged to initiate office work and take appropriate measures to fulfill the court decision.
- If the court decision does not give the result due to the evasion of the payer from its obligations, it can be brought to justice, including the criminal one - in this case Article 157 is used.
It is important to remember that to attract a debtor to justice it is important to indicate it is the presence of intent in him, in other words - a conscious decision on non-payment of funds for the maintenance of children or parents.
If the court performers could not be recovered from the debtor in a compulsory order, the prosecutor's office can be connected to the process.
What threatens evasion from paying alimony
A responsibility
Malicious evasion from the payment of alimony provides for a certain responsibility. The penalty of the penalty directly depends on the overall period of refusal of payments, as well as aggravating circumstances, for example, from providing information on income or owned property objects that do not correspond to reality.
The guilty side can get the following types of punishment:
- payment of penalty in favor of the disorder of funds for every specific day of delay;
- public work for a term up to 180 hours;
- correctional work for a term up to 12 months;
- imprisonment up to 3 months - This measure of punishment is applied with repeated attempts to evade the payment of alimony.
Punishment
Criminal liability is the most stringent form of punishment for malicious evasion from paying alimony.
Among the possible types of punishment under Article 157 of the Criminal Code of the Russian Federation, it is worth highlighting the following:
- mandatory public works or corrective work for a period of 12 months;
- arrest to 3 months;
- deprivation of liberty up to 1 year.
In the case of initiating criminal office work, a non-payer of alimony can be deprived of his right to departure to the territory of the country. Also may be limited to movement within Russia. If there is a criminal record, a number of restrictions may occur, unwanted for an ordinary citizen.
For example, previously convicted persons cannot occupy individual positions and guidelines in organizations. Among other things, the malicious defaulter will not be able to count on participation in the elections to state and municipal positions.
In case of proof of the fact of intentional evasion of payments in the interested party, there are automatically grounds for filing the relevant claim to the court. As a result, the debtor may be deprived of parental rights.
A parent who is engaged in raising a child in this case can:
- leave the territory of the Russian Federation together with the child without the immediate permission of the debtor;
- change the FULL NAME of a minor child;
- prohibit non-payment to participate in the education and education of common children;
- allower to participate in the adoption procedure.
It is worth noting that when the debtor of parental rights is deprived of the debtor, he will not be able to rely on the financial support of the child, after reaching them the age of majority in cases of obtaining disability, no matter how much payments were made as compensation.
The defaulter can also lose the following rights:
- to protect the interests of his own child;
- to the country of consent on the fact of the minor of financial transactions;
- to give an agreement on emancipation;
- to limit the rights of his child for independent disposal of various income;
- to receive pension providing in the event of a child's death, which in the future could be a breadwinner;
- to receive an inheritance in the event of a child's death.
Penalties
In 2019, all types of responsibility are appointed by authorized structures or bailiffs of increasing - from the obligation to pay a certain amount of funds for each day of delay in obligations to imprisonment in places of detention. However, no matter how serious was the penalty, the non-payer will not be able to be released from repayment of existing debt obligations.
Monetary fines are charged in the presence of civil or administrative responsibility. In the first case, a penalty is installed, the amount of which is 0.5% of the total amount of the debt obligation.
Administrative responsibility also provides for the payment of penalties. But, among other things, the court will necessarily appoint an additional one-time penalty of up to 2,500 rubles. The main condition for such responsibility is the presence of a judicial resolution, which can act as an executive list or order.
It is worth noting that the parties to the dispute may be in pretrial procedure to provide possible responsibility and the size of fines at the conclusion of a special aliminal agreement. These conditions should not contradict the current administrative or criminal legislation.
In the overwhelming majority of cases, the relevant agreement indicates the measures of impact and the procedure for the deductions for the delay of payments. The current amount of such payments can also be specified in the contract.
Problems in qualifications
The problems of qualifications are that the applicable editions of the Family and Criminal Code do not provide for the concept. Previously, this term was used as a qualifying feature of unlawful action.
Under malicious defaulters fell certain categories of persons who for a fairly long period of time ( up to 4 months), refused to fulfill their obligations and ignored notifications coming from the authorized.
Among other things, to get under the relevant category of persons, the non-payer had to be found guilty of committing certain unlawful actions. For example, it could be hiding the official source of income or providing obviously untruth information.