Delayed child support: what to do if it is not paid on time


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The higher the mother's dependence on the father's cash receipts, the more worrying the failure to meet payment deadlines is. And if alimony is the only source of income for the mother and child, then even a slight delay threatens the well-being of the family. Sometimes child support doesn't come at all. And mothers are at a loss - what is the reason? And what to do in such cases?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Question: I divorced my husband when the child was 3 years old; he had been regularly paying alimony for several years. But for the last two months the money has stopped coming. I contacted my husband, but he doesn’t know anything - all calculations are made by the accounting department at his place of work. The accounting department also shrugs, they say, check the accounts. Accounts are empty. What can be done? Where to complain?

Answer: There can be many reasons why alimony payments are not received into the recipient’s account – starting from the father’s forgetfulness and ending with the inaction of SSP employees. And the further course of action will depend on the reason for non-payment of funds.

Causes

Before looking for the culprit for the delay in alimony payments, you need to find the reason. There may be several of them:

  1. Payer's intent. The parent can independently stop transfers or even quit their job so that the employer cannot pay.
  2. The payer lost his job due to the fault of the employer (downsizing or liquidation).
  3. The employer does not pay wages.
  4. Alimony was not transferred due to the fault of the official (accountant).

These are the main reasons to consider when payments are delayed. But even if there is no direct intention of the payer, this does not relieve him of responsibility for maintaining the child.

For example, if he loses his job, he is obliged to either pay from his own savings, or get a job again, or register with the employment center. Then alimony will be calculated from unemployment benefits. Another option is to agree with the recipient on time delays. The debt will have to be paid later, but there will be no additional sanctions in the form of penalties, etc.

Child support from a credit card

According to Art. 82 of the RF IC, alimony for the maintenance of minor children in national or foreign currency can be withheld only from the earnings or other income of the parent who is responsible for paying them. According to Art. 41 of the Tax Code, income is considered to be economic benefit in cash or in kind, taken into account, including for personal income tax purposes. Chapter 23 of the Tax Code, which regulates personal income tax, like all legislation, does not provide a clearer concept of income.

Scientific literature qualifies income as material and economic benefits received as a result of labor, entrepreneurial and other activities, as well as those associated with improving the property status of a person, regardless of the reasons for its receipt.

In addition, when determining the income from which alimony may be withheld, it is necessary to take into account that:

  • The main indicator of income from which alimony allowance can be withheld is the existence of ownership rights to the items of such income - money, property, rights. In this case, these items of income must be received by the benefit payer on a non-refundable basis - otherwise no income arises.
  • In addition, it is necessary to take into account the fact that Decree of the Government of the Russian Federation No. 841 of July 18, 1996 defines the List of types of wages and other income from which alimony can be withheld. It includes all types of salaries and income, both at the main place of work and part-time, including bonuses, allowances, pensions, scholarships, benefits, financial assistance, sales income, etc. Loans are not included in this list .
  • Based on the fact that loans are provided on a repayable basis, they cannot form the income of an individual and cannot be considered his salary. Considering that loans are not included in the above exhaustive List and do not fall under the definition of income, alimony cannot be withheld from them .

Where are the deadlines for transferring alimony?

Alimony can be paid voluntarily - without any documents, or on the basis of a notarial agreement, court order, decision.

Oral agreements not supported by official documents are not grounds for expecting payments at the agreed time. The issue of continuing the provision will have to be resolved with the payer through negotiations. In case of refusal, apply for alimony through the court.

If penalties are paid on the basis of an agreement, when it is drawn up, the period of transfers, their size, conditions and procedure for implementation are prescribed (Article 99 of the RF IC). When planning a transfer schedule, the payer must adhere to the provisions of the agreement.

When making collections based on a court decision or order, the frequency of payments is monthly .

In case of delay, you must contact the FSSP within 1-2 weeks to establish the reasons, having a writ of execution with you. The document is issued on the basis of a court decision. An agreement certified by a notary and a court order are also executive documents, according to which the debtor is obliged to make payments.

Often, after a court hearing and a decision on alimony, payers believe that if they have not received a copy of the document, they do not need to pay. This is wrong. According to Art. 211 of the Code of Civil Procedure of the Russian Federation, if the decision concerns the collection of alimony, it is subject to immediate execution . If there are no payments, this information should be conveyed to the alimony provider, otherwise the amount of the debt may increase to an “unaffordable” amount for him.

Responsibility for delay in alimony

The recipient must know what to do in case of non-payment of alimony. But it is also important to consider that in addition to collecting the debt, the defaulter can be held accountable. If the employer’s guilt is proven, the official will face an administrative fine.

But if the payer is at fault, more severe penalties may be used. Typically, liability for failure to pay child support can be divided into:

  • administrative;
  • criminal.

To collect debt from a payer who interferes with this procedure, they first use the seizure of accounts and property. Bailiffs have the right to receive all necessary information regarding the debtor's property. To do this, they contact Rosreestr, the tax service and other government agencies.

The seizure of expensive property is used to sell it later and pay off the debt. The procedure is carried out exclusively taking into account the following nuances:

  1. During the seizure of property, witnesses and the claimant must be present.
  2. A corresponding act (inventory) must be drawn up. The owner of this document has the right to express his disagreement regarding the procedure.
  3. After the property is seized, the debtor is given time to repay the required amount. If he does not do this, the property is sold at auction.
  4. If there is money left after the sale and payment of the debt, it is transferred to the owner.

Administrative liability implies not only the seizure of the debtor’s accounts and property, but also the following measures:

  1. Driving ban. Starting from 2021, all payers whose debt exceeds 10 thousand rubles may be temporarily deprived of their driver’s licenses. This rule does not apply only to those who use a vehicle for income or as the only means of transportation in case of disability.
  2. Ban on leaving the country. Also used when the debt amount reaches 10 thousand rubles.

What is a writ of execution

A writ of execution (hereinafter referred to as “IL”) is one of the types of administrative documents; its form was established by a decree of the Government of the Russian Federation back in 2008 and has so far undergone only three adjustments.

The form is standardized for all courts (magisterial, federal and general courts).

The sheet is printed on special multi-colored paper with watermarks and the coat of arms of Russia, and the individual number and series must also be indicated on it. All of the above features are measures to protect against counterfeiting.

The secretary of the judge considering the case of the alimony obligee is responsible for filling out the form, and he also issues it to authorized people.

Collection of penalties

Another common type of administrative liability is a penalty. According to Art. 115 of the RF IC, it is calculated taking into account 0.5% of the debt amount for each day of delay. If the parties have entered into an agreement on the payment of alimony, then the procedure for collecting the penalty must be indicated in it.

When collecting, it is important to consider the following:

  1. There is a statute of limitations, so the penalty can only be obtained for the last 3 years.
  2. To recover, you need to go to court and prove the payer’s guilt.
  3. The calculation of debt is carried out by bailiffs, but the calculation of penalties is not part of their duties. Therefore, the recipient must do this independently.

Download a sample statement of claim for the recovery of alimony penalties

Russian legislation has the concept of “willful defaulter”. These include payers who:

  • hide their location;
  • hide their place of work or level of income;
  • do not pay child support for 4 months or more;
  • hide the presence of expensive property;
  • do not comply with the orders of bailiffs or the court.

Such payers are usually deprived of parental rights. But this does not relieve them from the obligation to pay alimony, but only limits their rights in relation to the minor.

Criminal liability according to Art. 157 of the Criminal Code of the Russian Federation implies the use of correctional labor (up to 1 year), arrest (up to 3 months), as well as imprisonment for up to 1 year.

What does a writ of execution look like?

Let's clearly see what a sample writ of execution looks like.

Sample writ of execution for alimony

A correctly completed sample writ of execution for alimony must necessarily contain the following data:

  1. Date of acceptance of the act by the court.
  2. The full name of the judicial authority along with its address and case number.
  3. Basic requirements of the plaintiff.
  4. Quote from the operative part (verdict).
  5. Date of entry into force of the IL.
  6. Day of issue of the document.
  7. The period during which the sheet is presented for execution.
  8. Information about the recipient of alimony (full name, place and date of birth, address).
  9. Similar information about the debtor.
  10. Seal of the judicial authority.
  11. Signature of the judge presiding over the case and its transcript.
  12. Personal number and series of writ of execution.

It is worth noting that information is entered into the form only by court employees, and without the intervention of the alimony payment collector. The recipient of financial assistance for a child must only take the IP and open proceedings on its basis in the bailiff service.

Verbal agreement and financial support

This arrangement is considered the most unsafe. The thing is that during the divorce, parents verbally discuss all the specifics of paying alimony - how much and when to allocate money. This is an unofficial method of action.

Has your ex-husband stopped paying child support? What to do? In this case, you will have to talk with your spouse. Next, offer to conclude a peace agreement and remind you of responsibility for the child. If this does not help, threaten with court and official assignment of alimony.

Some men do everything to be deprived of parental rights, believing that this will free them from child support. But that's not true. If parental rights are deprived in the future, the parent will not be able to demand child support from able-bodied adult children. But no one removes child support obligations from the child’s legal representative. You will still have to pay.

Where to contact

If the payer is not going to voluntarily explain the delay in alimony payments, you need to know where to go.

Debtor

In cases where a parent pays child support on his own, you should initially contact him for an explanation:

  1. Clarify the reason why payments stopped. There are a number of valid reasons - illness, death of a close relative, the appearance of another dependent, loss of work.
  2. Discuss new conditions for providing alimony. A new agreement may need to be entered into.
  3. Contact the bailiffs or the court if the payer refuses to make contact and discuss the current situation.

If the ex-husband does not officially work and has no additional income, it will be difficult to collect the debt. But it is possible if you go to court.

Employer

It is not uncommon for an employer to be at fault for delaying alimony payments. In order to get the necessary answer, the child’s guardian needs:

  1. Compose and send to the employer a written request for information regarding the payment of alimony.
  2. Wait for a written response.

If no response is received, the recipient of financial assistance has the right to personally visit the employer and find out the reason for the delay. It could be as follows:

  1. The payer was fired.
  2. This is all due to an error in the accountant's calculations.
  3. Payments are delayed without any reason.

If there is intent or collusion between the payer and the employer, you need to contact the bailiffs or the prosecutor's office.

Bailiffs

In the case when alimony is paid according to a writ of execution, the procedure must be monitored by FSSP employees. And it is the bailiffs who should be contacted in case of any violations of the procedure. But even if the parties have entered into an agreement, if its terms are not met, the recipient has the right to initiate enforcement proceedings.

The duties of a bailiff include:

  1. Conversation with the payer. If he hides his location, then you need to immediately move on to the second point.
  2. Collection of information about the debtor’s financial situation, his expensive property, bank accounts, etc.
  3. Calculation of the payer's debt.
  4. Forced debt collection.

A variety of methods are used for enforcement. In addition to the seizure of accounts and property, the payer may be subject to administrative and even criminal liability.

Court

Usually, all actions to bring the debtor to justice are carried out by bailiffs. They go to court if it is necessary to collect an additional penalty or compensation, as well as to punish a willful defaulter under Art. 157 of the Criminal Code of the Russian Federation.

The plaintiff's course of action will be as follows:

  1. Preparation of evidence.
  2. Consultation with a lawyer.
  3. Going to court.
  4. Participation in legal proceedings.
  5. Appealing a court decision (if necessary).

Download a sample statement of claim for collection of alimony debt

To go to court, in addition to the statement of claim, you need to provide as much evidence as possible that the defendant violated the alimony payment procedure.

Payment of alimony by voluntary agreement.

Former spouses can enter into an agreement regarding the upbringing and maintenance of a minor. The document must specify the period for payment of alimony , its amount and other nuances.

The agreement may also indicate the features of raising the child by both parents, place of residence, etc.

In this case, parents can agree that payments should be made not once a month, but for a quarter, half a year, or a year.

The document is certified by a notary and has the force of a writ of execution (Article 100 of the RF IC). It cannot be terminated unilaterally.

When changes are made to it, both parties must come to the notary and conclude a new agreement.

If one of the parents has ceased to fulfill their responsibilities for the financial support of the child, then the other party has the right to go to court.

In this case, not only the debt can be collected from the defaulter, but also a penalty amounting to 0.5% of the amount per day.

This document must contain the following information:

  • To whom the letter is addressed - the full name of the organization, its address, as well as the position and full name of the head;
  • Full name and address of the applicant;
  • Information about the executive document on the basis of which payments should be made.

The letter must contain a requirement to make payments and repay the debt. The document must be signed by its originator. Two copies of the letter should be prepared, one of which, with the employer’s receipt of receipt, should be retained by the applicant.

About the amount of payments

First, let's try to understand how much to pay in a given case. The current legislation of the Russian Federation indicates that alimony is assigned in different amounts.

For example:

  • as a percentage of salary;
  • in a fixed amount.

In the first case you will have to pay:

  • ¼ of monthly income - for 1 child;
  • 33% - for 2 children;
  • ½ of income - if you have 3 or more children.

This is the minimum that each parent must contribute when making interest payments. They can be reduced, but this is extremely problematic.

In the case of fixed amounts, all income of the child support provider will be taken into account, as well as the needs of the children and the cost of living in the region of residence of the family. It is advisable to choose this option if your spouse has a “gray” salary.

Reducing alimony

If the father cannot pay the prescribed amount of child support, he does not have to delay payments. If there is a good reason, the court may reduce the amount. And then the payer will be able to avoid the accrual of penalties and other consequences of violating the law.

These reasons include:

  1. Payer's disability. Obtaining a disability group does not relieve a parent from the obligation to pay child support. In this case, the amount is collected from the disability pension. But if the payer proves that he requires additional treatment, the amount of payments will be reduced.
  2. The child receives income as a result of working or making a profit from renting out real estate. It will be necessary to prove that the minor’s activities allow him to satisfy part of his needs. In this case, the amount will be reduced. But more often than not, a child’s part-time job after school or during the holidays does not allow him to provide for himself properly.
  3. Appearance of other dependents. If child support is paid for another child, the amount will be reduced. For example, you will have to pay not 25%, but only half the amount - 16.5%.
  4. The payer's income has decreased or increased significantly. In the first case, the court may take into account the loss of a job or other financial difficulties of the father. Increasing income is also a reason to reduce the amount. As a rule, this happens when alimony is paid as a percentage. And then 20–25% of the father’s income may significantly exceed the needs of a minor child.

This list was established with the help of judicial practice, since not a single regulatory act contains grounds for reducing alimony. Therefore, such a decision always remains at the discretion of the court.

In some cases, the amount cannot be reduced:

  • increasing the income of the child's guardian;
  • a minor has property that does not generate income;
  • the child receives an additional pension (for example, for disability).

Ways to reduce alimony

Payments can be reduced in two ways. If the parents have entered into an agreement, they can renew it taking into account the new amount. In the absence of mutual agreement or when collecting alimony under a writ of execution, you must go to court.

The plaintiff will need the following documents:

  • statement;
  • passport;
  • certificate of divorce, birth of a child, etc.;
  • document on the basis of which alimony is paid (agreement, writ of execution);
  • certificate of income for the last six months;
  • other papers serving as evidence in the case.

statement of claim to reduce the amount of alimony

If the court grants the plaintiff's request, the amount will be reduced temporarily or permanently.

general characteristics

Once again it is necessary to return to the question of how many days after salary are alimony transferred to the recipient? This issue is regulated quite strictly by law. It is for this reason that the organization is obliged to transfer funds to the recipient within three days after the latter receives earnings.

If the head of the organization or the accounting department does not take the fulfillment of their obligations seriously, they can expect trouble with the law. In a number of cases, those responsible for malicious failure to comply with a decision of a judicial authority are brought to justice.

In general, alimony is a mandatory payment to any family member in need of financial support. Therefore, not only children have the right to receive maintenance from their parents, but also spouses (in case of disability or until the child turns three years old). This is really very important.

Moreover, in recent years, cases of collecting alimony for the maintenance of elderly parents who, due to their old age, cannot fully provide for themselves, have become more frequent in judicial practice. In this case, the responsibility for maintaining the latter is imposed on adult children.

For what reasons may alimony payments not be received?

  • The payer quit his job or lost his job. In this case, the father of the child will pay alimony in the minimum amount for some time if he joins the employment exchange for registration. Otherwise, alimony will be calculated based on average earnings in the region.
  • The employer withholds wages. Feel free to write to a higher organization or directly to the prosecutor’s office to eliminate violations of the Labor Code of the Russian Federation. In the application, indicate your interest in paying alimony.
  • The payer has neither income nor property. In this case, the bailiffs must begin active work to search for the debtor’s property and his funds. It is much worse if the payer does not have property, but works unofficially. The inaction of the bailiffs, if they do not want to assist in the execution of the court decision, can be appealed.
  • There was a technical error. They just made a mistake in the account number or forgot to transfer it. The simplest option: usually, after identifying a problem, payment arrives no later than three days.

If the payer disappeared, and search efforts did not produce results, then the claimant has no choice but to wait for the missing parent to be recognized as missing and then apply for a survivor’s pension for the child.

If it doesn't work officially

In practice, it often happens that the alimony payer does not work in any enterprise. Moreover, he hides his income and does not want to pay funds to his own children. In this case, the question no longer arises of whether alimony comes on payday or later. After all, women are concerned about something else here: why does the ex-husband not want to provide financial support to his own children? The answer to this question is not always found.

Moreover, many men believe that if they separate from their spouse, they will pay alimony to her, and not to their children. However, bailiffs do not have long conversations with such debtors. The latter's alimony is calculated based on the average salary in Russia, and if they have a significant debt, their driver's license is taken away. Moreover, a father who does not pay funds for the maintenance of his own children by court order is unlikely to ever be able to travel abroad. Therefore, in such a situation there are much more minuses than pluses.

How and where exactly should the father transfer funds?

If dad works officially, his employer (or rather the accounting department of the employer company) will transfer money to the account or card of the alimony recipient. In order for the procedure for sending money to the child’s name to begin, the potential recipient of the funds must send the following documents to the company where the benefit payer works:

  • writ of execution;
  • application (it must indicate the details of the benefit recipient's bank account, the applicant's full name and other data from the claimant's identity document).

If the father himself has taken on the payments, he needs to find out where exactly they should be made. Usually the mother with whom the baby remains agrees to receive funds on the card.

Alimony recipients and alimony payers often wonder how much alimony goes to an activated Sberbank card? Experts answer this way: the money arrives within three days, but often the amount is received in the recipient’s account within 2 hours after the financial transaction is completed.

Money regularly received from the father for the maintenance of the child should be spent only in the interests of the child. If the mother spends it on herself and the father suspects a violation of the child’s rights, he can demand through the court that 50% of the benefit amount be transferred directly to the baby’s savings account.

The court will support the father’s initiative regarding the issue of opening a savings account for the child, provided that the amount of the allowance paid by the father is more than 2 subsistence minimums for the child.

In this case, 50% of the child benefit amount will be transferred to the child’s card only after a corresponding court decision.

applications for the collection of alimony through bailiffs

Sometimes, subject to a peaceful divorce, an agreement on the payment of alimony by the ex-husband and wife can be signed, specifying the fact that the father has transferred 50% of the amount of the child benefit to the savings account of the minor citizen. Thanks to such a balanced step by the parents, when the baby grows up, he will receive good savings, which he will be able to use in the future.

Child support may also be paid in other ways. May be:

  • transferred from hand to hand in cash (in this case, the alimony recipient must fill out a receipt for receipt of money);
  • transferred to an account in a banking organization that was opened by the creditor;
  • received by the claimant at the cash desk of the company where the father is employed;
  • sent by postal order.

Pros and cons of paying benefits to a bank card

There are many advantages to the father independently sending child benefits to the mother’s bank card:

  • this option is convenient because it takes a few seconds (through the bank’s online account, the alimony payer can transfer money from card to card in less than 2 minutes);
  • the payer of the money will control the frequency of payments and know the exact amount he sent.

There are also disadvantages in this case:

  • the father must keep all receipts confirming the fact that the payment of alimony took place (otherwise the party receiving the funds may claim that the benefits were not transferred to its card account);
  • the commission for the transaction falls entirely on the shoulders of the payer of the funds.

Pros and cons of paying child benefits through an employer

This method is convenient, since the accounting department itself will deduct a certain amount of benefits from the father’s salary to the account of the child’s mother.

The disadvantage of this method is that the father will not be able to control the amount of payment (there are rare cases when the accounting department makes a mistake with the amount of deductions in favor of the mother).

Features of payment of benefits via mail

This method is usually chosen by those creditors who live in rural areas where there are no ATMs nearby, but there is a post office. It is convenient to receive money through the mail, since this method of receipt never raises any complaints from bailiffs. But this option has a serious drawback - the post office sets high tariffs (they exceed the bank commission), so the payer of the money will have to come to terms with such a significant drawback.

When sending a transfer by mail, the father must indicate the full name of the recipient, his exact details and the exact amount of the money transfer.

To make a transfer, the child benefit payer must present his passport to the post office staff.

Why didn’t my alimony payments arrive on my activated Sberbank card?

Sometimes there are situations when money was deducted from the alimony-paying husband, but it never arrived on his wife’s active card. In such cases, it makes sense to first contact the husband’s employer, or rather the accounting department that made the deductions. If the accountant proves the fact of the transfer of funds, the recipient of the alimony (that is, the mother of the baby) will need to contact the bank, since it is he who will be suspected of the violation.

Things will be different if the father evaded alimony and the bailiffs, guided by the Federal Law on enforcement proceedings, forcibly obliged the husband’s employer to provide financial assistance to the child’s mother. In this case, the first thing you need to do is contact the bailiff who deals with the issue of collecting alimony. He will demand payments from the employer if the company did not provide them on time.

There have been cases where alimony payments were deposited into the bailiffs' accounts. Therefore, if the money has not arrived, you should contact the bailiffs as soon as possible. If after contacting them the issue is still not resolved, you can complain to the bailiffs. In this case, it makes sense to contact the OSP of the Federal Bailiff Service of Russia in your region and submit 2 copies of the application. Thanks to such actions, the question of why alimony payments are not received on the card will be quickly resolved in favor of the party receiving the child benefit.

Contacting the bank

To clarify the question on whose side the problem arose, most likely, both spouses will have to contact the bank. Due to the fact that information on bank cards and transfers is confidential, it is provided only to the owners of these cards and the persons who made the transfer. Possible reasons may be the expiration of the payee's card, incorrect details, as well as other reasons.

As a rule, the bank notifies the payer about all technical problems, for example, such as an expired card or incorrect indication of one digit in the details, and, in most cases, returns the money to his account.

But sometimes, as a result of a payer's error, money may be sent to another person. And here the bank is not at all to blame. Therefore, the issue of returning such funds should be resolved directly with the person to whom these payments were transferred by mistake. If he refuses to return these funds, it will be possible to recover them only through the court. As a rule, these amounts are recognized by the court as unjust enrichment of a person and are subject to return to the payer on the basis of a court decision and a writ of execution issued by the court.

How to pay child support?

The federal law does not specify methods for transferring funds. Money can be transferred to the claimant in different ways: by post, in cash against receipt or by bank transfer. The last option is the most convenient and safe. In the event of a dispute, retained receipts or a statement with payment history will help confirm that funds were sent. Most citizens today choose this method of payment - the main thing is to correctly understand how to pay alimony through Sberbank.

The legislative framework

This situation is regulated by Article 60 of the Family Code of the Russian Federation. In addition, the necessary information is contained in Resolution of the Plenum of the Supreme Court No. 9 of 1996 and Articles 2, 3 of the Civil Procedure Code of Russia. According to them, the alimony provider has the right to transfer half of the amount to an account opened in a bank in the name of the child. But for this he needs to go through a judicial procedure and receive an appropriate court decision.

This cannot be implemented independently, since only the court can (but is not obliged) to make just such a decision. But there are cases when alimony is transferred to the child’s bank account in the amount of one hundred percent. This is possible under the following circumstances:

  • by consent of husband and wife;
  • when a minor is on state support;
  • when appointing a guardian (not an adoptive parent).

Legal assistance

Independently conducting a case of such complexity (especially preparing a claim, collecting evidence, competent participation in court hearings) may not be within your power. But this does not mean that you have to agree with debts, inaction of government officials and violation of the legal rights of your child. We will help you defend your child’s rights to decent maintenance. Legal advice on your issue is free. Write to the chat or call the hotline.

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No matter the circumstances

The first step is for the potential recipient of the funds to find out what's going on. After all, sometimes there are reasons for stopping payments. For example, the alimony provider has problems with work or health. These events do not cancel parental obligations to support children, but they will have to wait.

Unfortunately, termination of alimony payments is usually a voluntary decision of the ex-spouse. He either simply does not want to be responsible for the child, or acts in such a way as to annoy his wife, or tries to avoid additional expenses when a new family or woman appears.

Has your ex-husband stopped paying child support? What to do? It is worth not only finding out why this happened, but also having an explanatory conversation with your spouse - explaining why the child needs money. It is possible that after some time the second parent will resume payments. That did not happen? Then you will have to act depending on the situation.

The company does not pay alimony: where to go

In order to achieve the repayment of debt obligations, the recipient of alimony must complete the following steps:

  • Determine the reason for the delay in payments by asking the alimony obligee.
  • Contact the accounting department of the employing organization.
  • Make a written application addressed to the director of the company in which the alimony obligee is employed. The paper must be prepared in two copies. The first copy is sent directly to the recipient, and on the second copy, office employees are required to put a mark on acceptance of the document.
  • Contact the bailiff service. If previous measures did not bring the desired result, then the recipient of alimony should send an application to the FSSP with a request to initiate an administrative investigation.

Photo: Mystrahovki.ru

Minimum and maximum amount of alimony

The standards indicate what percentage of fathers’ income will be subject to child support in Ukraine in 2021. The minimum amount is 50% of the minimum cost of living, which is established in the law for the care of minor children. Such norms were introduced specifically to protect the interests of children, as well as to provide specific information about how to collect money for their needs, which does not interfere with a permanent basic income. The minimum subsistence level is calculated for the entire river (a marvelous article about the subsistence minimum) and, therefore, it is possible to cover the minimum amount of alimony.

The minimum amount of alimony per day of installation is equal to 50% of the subsistence level. Before the adoption of the law “On introducing changes to all legislative acts of Ukraine to enhance the protection of the child’s right to proper management” No. 4928, which the President of Ukraine signed on June 6, 2021, the minimum amount of alimony per child becoming 30%.

The table of indications shows the minimum amount of alimony in Ukraine in 2020:

for childrenz 01/01/2020
up to 6 rocks889.5 UAH
from 6 to 18 pm1,109 UAH

The maximum amount of alimony is 10 subsistence minimums per child of the same age:

Types of office work

Has your ex-husband stopped paying child support? What to do? The first stage is an appeal to the courts. It is worth paying attention to the fact that citizens may encounter 2 types of paperwork.

Namely:

  • writ proceedings - carried out only in the presence of a judge, without the participation of the plaintiff and defendant, entails the assignment of alimony as a percentage of the alimony holder’s earnings;
  • claim proceedings - a meeting is held during which the opinions of the parties to the dispute are studied, as well as the papers presented; the amount of alimony can be determined either as a percentage or as a fixed amount.

The first option is fast, but it is not suitable for everyone. Therefore, in practice, most often mothers go to court with a claim in the established form.

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