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Child support arrears occur when the payer stops transferring funds.
Child support arrears occur when the payer stops transferring funds. Considering that alimony is intended to provide financial support for the child, failure to pay is a serious violation that ignores the rights and interests of the child. In such conditions, the recipient of alimony has the right to demand repayment of the debt through the court.
In modern conditions, most citizens encounter difficulties when trying to collect alimony. The fact is that debtors try to resort to various methods to avoid fulfilling their obligations. In such a situation, only bailiffs can help resolve issues with alimony debt.
The procedure for collecting and determining alimony debt
Alimony debt is determined directly by bailiffs, who, based on the results of the appeal, analyze data on the income of the alimony payer for the period of debt. Based on the information received, they determine the exact amount of debt. The calculation of alimony debt cannot be made by the recipient of payments, and therefore is entrusted to bailiffs.
Bailiffs consider issues of determining debt based on the moment of collection of payments before the settlement date. If the payer could not fulfill his obligations to pay alimony for a good reason (delay in salary, serious illness, temporary lack of income), then in this case the debt will be determined for a period of up to 3 years. If payments were stopped without a valid reason, then the alimony debt will be recalculated for the entire period during which payments are not received in the name of the recipient.
Collection of alimony debt occurs through the courts. The court issues a verdict on the collection of the debt amount, and transfers the decision to the bailiffs, whose responsibility will be to recalculate the debt. If the payer has valid reasons due to which he is unable to fulfill his financial obligations, then in this case a temporary exemption from payment of alimony arrears may be applied.
Postings and accounting
Settlements with the debtor are carried out through account 76. It is recommended to open a sub-account “Settlements under executive documents”. The same account, through the “Settlements for other transactions” subaccount, is used to account for commissions.
Postings:
- Dt 70 Kt 76 – alimony is withheld from the debtor’s salary.
- Dt 76 Kt 51 – alimony is transferred to the recipient.
- Dt 76 Kt 51 – the commission for the transfer of alimony has been written off.
- Dt 70 Kt 76 – commission is withheld from the debtor’s salary.
To record accruals and payments, you can use a separate journal, where alimony is systematized by type, method of calculation, and other characteristics. It is used along with the log of incoming executive documents.
Calculation of alimony debt
If the question arises: “How to find out the arrears of alimony?”, then the payer or the recipient of payments has the right to contact the bailiffs for a recalculation of the arrears of payments.
Before carrying out the process of determining alimony debt, the bailiff requests data regarding the financial situation of the payer, and based on the data received, calculates the exact amount of the debt.
It is worth noting that the calculation is made upon an application for collection of arrears of alimony, or at the initiative of the payer or recipient of alimony payments. In this case, you can get a calculation of alimony debt.
If the application for alimony arrears was received during a period when the payer was not working and, therefore, had no source of income, then in this case, the average salary in the country will be taken into account when calculating the debt. The calculation of alimony debt is carried out on the basis of this data.
After the bailiff has recalculated the amount of the debt, he draws up a resolution in which he notes all the conditions for repaying the debts, or determines the possibilities for exemption from paying arrears of alimony for some time.
If the payer or recipient of alimony believes that the bailiff made errors in the calculation, then they have the right to challenge his actions (calculation of alimony arrears) in court, but in the presence of significant evidence.
How alimony is written off at the debtor’s place of work
Alimony in case of bankruptcy of individualsRelated article
The debtor himself can voluntarily submit a notarized agreement on the payment of alimony to his employer, so that the money is withheld from his salary. The recipient of alimony can also do this - for example, the ex-wife will submit a notarial agreement at the place of work of the child’s father. Within three days after receiving the next salary, the accounting department will transfer the payment to the recipient.
If a person does not pay, or if a debt has accumulated, then a writ of execution for alimony or a notarial agreement can be submitted to the bailiffs. The draft dodger will have to pay additional fees. The bailiff will impose a 7% fee on the amount collected.
How to find out alimony arrears
Sometimes alimony arrears arise even for those who pay in good faith. To prevent such a situation from arising, it is worth checking the status of your payments from time to time to see if alimony arrears have arisen. There are several ways to find out your child support arrears.
- In the data bank located on the portal of bailiffs who are responsible for collecting alimony arrears. Address/Metro — https://fssprus.ru/iss/ip/
- On the unified portal of public services - https://www.gosuslugi.ru/
- Using a smartphone.
- By logging into a special social network application.
You can view alimony arrears on the FSSP website by going to its website. Everything that has to do with the execution of punishments is displayed here. You can find information about alimony debt of any person who is a payer of alimony by court decision.
To do this, you need to find the box for changing the region on the left side of the window. By clicking on it, select the department of the bailiff service in the desired one. If an individual has arrears of alimony, click on the appropriate box.
If you know the number that was assigned by the court when the alimony debt was collected, it is entered in the appropriate column.
How can I find out my alimony debt on the government services portal? It's quite simple if you know the procedure. First you need to register on the site. Then go to “Electronic government”, where you can find “authorities”. After this, a list of organizations will appear, in which the Ministry of Justice, then FSSP, is selected. Here, alimony debt is located in the section of open enforcement proceedings. When you click on the “receive service” box, enter your password and login. You can search to find out your child support arrears.
How to find out the alimony debt if the claimant only has the last name and initials of the person who owes him? To find information about alimony arrears on the websites of the FSSP and government services, you also need to know your date of birth. If it is unknown, you can contact the bailiff who collects arrears of alimony. Information about alimony arrears can be provided by telephone or in writing.
How to obtain a certificate of the amount of alimony paid
A certificate of alimony amount is issued in any form. The document can be issued in various authorities. The choice of the right place to receive and a sample certificate of the amount of alimony paid directly depends on the method of collecting alimony amounts (voluntarily or through the court).
Where to contact
It is necessary to obtain a certificate of the amount of alimony paid from one of the following authorities (Articles 98, 109 of the RF IC, Articles 12, 14 Federal Law No. 118 of July 21, 1997, subparagraph 16 part 1 of Article 64, 102 Federal Law No. 229 dated October 2, 2007, Decree of the Government of the Russian Federation No. 841 dated July 18, 1996):
- In the accounting department of the factory (company) where the alimony worker works.
- At the Labor Exchange. This option is relevant when the alimony payer receives unemployment benefits.
- In the Pension Fund. The Pension Fund should be contacted if the alimony recipient is disabled or receives an old-age pension.
- In the accounting department of an educational institution (university, secondary school). This option is relevant if the parent liable for child support is a full-time student and receives an academic scholarship.
- At the bailiffs. You need to order reference information about alimony from the FSSP if the bailiff was previously presented with a parental alimony agreement or a court order (decision) regarding the alimony provider.
- In a military unit (if the alimony payer is a military personnel).
To obtain reference information about the amount of alimony payments, the alimony recipient, the mother (father) of the child, must draw up a written application and submit it to one of the above authorities.
Application for issuance of a document
An application for a certificate of alimony amount is drawn up in a free (free) form. The document contains the following details:
- Addressee (“To the accounting department of the LLC (university, military unit, etc.). The addressee is indicated depending on where the application is submitted.
- Full name and registration of one of the child’s parents.
- Declaratory requirement for the issuance of a reference document to be provided at the place of request.
At the end of the alimony application, the date of the document, signature and initials of the alimony recipient are placed.
View alimony arrears
How to find out alimony arrears using a mobile phone? To do this, you need to have a device with the operating system iPhone, Android, Windows Phone. Log in to the application bank where you can find the FSSP.
You can view alimony arrears on the social networks VKontakte and Odnoklassniki. You can use the application here
"Data Bank of Enforcement Proceedings" . To always be aware of your alimony debt, simply subscribe to information updates.
What is the purpose of a debtor register?
A unified register of debtors who have alimony arrears was introduced not only to publish the names of people who maliciously evade paying alimony, but also as a motivation to pay off this debt.
Thanks to the registry, state registrars are able to quickly respond if the debtor attempts to transfer property to a third party. This is an important point, because unscrupulous parents often look for ways to avoid supporting their own children, even if a corresponding court decision has been made.
Attention!
The bailiff will be able to quickly seize the accounts and property of the defaulter and take action to ensure that the child is not left without proper financial assistance.
Statement of claim for arrears of alimony
An application for collection of alimony debt is sent to the courts when the amount of debt calculated by the bailiff will create conditions for violation of the rights and interests of one of the parties.
If the situation develops in such a way that the alimony debt is excessively high, then it is necessary to apply to the court with a written statement about the violation of the child’s rights. It is worth noting that the application has a prescribed form, however, in order not to encounter complications in the future, it is necessary to involve a lawyer in the process of filing a claim, who will help to correctly fill out all the documentation and will achieve a speedy resolution of the process in your favor.
The court will collect alimony once; in the future, only the amount of the debt will be changed, and a different payment procedure and method of transferring funds will be established.
In order to initiate legal proceedings regarding debt collection, in addition to the relevant application, it is necessary to attach additional documentation that will confirm the alimony payer’s obligations to pay and confirm the existence of circumstances that violate the rights and interests of the payee.
What is alimony debt?
This is another seemingly naive, but actually important question for further understanding. It is not enough to simply not pay money in order to be included in the registries, which will be discussed below. A simplified diagram looks like this:
- A written, notarized agreement on alimony is concluded between the parties, or there is a court decision establishing the amount of payments.
- The payer violates the terms of the contract or a court decision.
- The recipient initiates enforcement proceedings.
- The bailiff officially calculates the debt by issuing a resolution on this matter.
Only after this the debt appears in the registers . That is, a lot of formalities and quite serious legal steps are necessary for non-payments to turn out to be alimony debt. We talked about the process in detail in this article.
A simple example. The couple separated, the child remained with the mother, to whom the father must pay child support. The parents verbally agreed on the amount and the ex-husband paid it honestly until he was left without work for some time. As a result, child support was not paid for three months. From a moral point of view, this is of course a duty. But as far as legal matters are concerned, not yet. He can become one, take his mother to court, receive a corresponding decision, initiate enforcement proceedings, but without this there is no debt.
Paying off alimony debt
Speaking about how to collect arrears of alimony, it is necessary to immediately note that this process is carried out with the direct participation of bailiffs, who act in accordance with the court decision.
After an application for calculation of alimony debt is submitted, the bailiff determines the final amount of the debt. At the same time, many factors will be taken into account that could directly or indirectly influence the creation of circumstances under which the payer will not be able to make payments.
In particular, when considering this issue, the financial viability of the payer will be examined, as well as whether he had valid reasons due to which he could not fulfill his obligations. Based on this, the amount of the debt will be determined, as well as the period during which the debtor will have to pay off all debts.
Debt repayment can be made both with the active controlling participation of the court and bailiffs, and by agreement of the parties. In both the first and second cases, it will be necessary to sign an official document, which will indicate the methods of repaying the debt and the time period during which this must be accomplished. Based on the adopted resolution, the payer will have to fulfill its financial obligations in accordance with the agreements.
In some situations, the court has the right to temporarily relieve the payer of the obligation to repay debts if there are compelling reasons for this. In addition, the amount of debt can be changed over time, both upward and downward. If the situation is such that the child has reached the age of 18, and a child support debt exists, then he will be obliged to independently file a claim in court demanding recovery of the full amount of the debt.
Will bankruptcy save you from alimony?
Recognizing you as insolvent allows you, albeit with a temporary restriction of rights, to get rid of various obligations. But not from everyone. You cannot escape those debts that are inextricably linked with a person.
The answer to the question whether alimony debts can be written off through bankruptcy will disappoint many. This is impossible. These obligations are tied to your identity. If the debtor is declared insolvent, alimony continues to accrue, as well as interest for not repaying it on time.
What does bankruptcy give to an individual? persons? Article on the topic
Bankruptcy Law No. 127-FZ provides for how alimony debt is paid in bankruptcy. The alimony debt is included first in the register of creditors. This means. What if some property is sold during bankruptcy, or money is collected from wages, then the alimony debt will be paid off first. If there is money left after repaying the alimony debt, the remainder will be distributed among other creditors - banks, microfinance organizations, tax authorities, management companies.
If there is little or insufficient money in the bankruptcy estate, and the alimony debt in bankruptcy is not closed, then it is not written off, unlike loans and other arrears. The ex-wife will receive a writ of execution and continue to collect the debt from the bankrupt.
We talked in more detail about the rules for satisfying creditors' claims in bankruptcy in this material.
Thus, you cannot be exempt from paying alimony, but you can completely legally write off other debts. Contact our lawyers, we will tell you for free how to get rid of loan debts, how to start living in peace without bailiffs, debt collectors and prohibitions.
Appealing the amount of alimony debt
Determination of alimony debt occurs with the active participation of bailiffs. It is they who are responsible for determining the amount of debt. It is worth noting that when making calculations, bailiffs are guided by many factors, including the circumstances of the payer, which did not give him the opportunity to fulfill financial obligations.
Based on the results of the actions taken, the bailiff issues a resolution on the calculation of alimony debt. It is this document that the court will be guided by when making a verdict.
If, as a result of the decision, the payer or recipient has any claims, then they have every right to appeal the established amount of alimony. For example, this could be affected by the indexation of payments carried out based on the results of recalculation, or by financial difficulties of the payer, that is, a decrease in its financial potential.
To appeal the amount of debt, you must submit a corresponding application to the court. It must indicate all the reasons that the plaintiff considers fundamental to the appeal. In addition, it will be necessary to insist on a recalculation taking into account all the requirements specified in the claim.
You can appeal the court decision within 2 weeks from the date of the verdict. If this does not happen, then the decision automatically comes into force, and all parties to the enforcement proceedings will be forced to obey it.
Author of the article
What to do if you find out that a person is a debtor?
What to do in a situation when you find out that a person you know is on the list of alimony debtors depends on what kind of relationship you have with him and what plans you have for your future together.
- Personal relationships: you made the discovery that your partner has children, which he did not consider necessary to tell you about. But more importantly, he shirks the responsibility of supporting his own children. Further actions are only your choice.
- Business relationships: when concluding contracts with such a person, state in them that he fulfills his obligations first, and then you. Try to protect yourself as much as possible from any risky situation.
- The debtor is under your command: expect documents from government officials soon. In addition, remember that such an employee cannot be sent on a business trip beyond the borders of the country.
