How to obtain a certificate of alimony debt from bailiffs?

Why do you need a certificate from the bailiffs about non-payment of alimony?

Financial support for children up to the age of 18 is the responsibility of parents established by law. It does not apply to a divorced parent living separately from their children. He (she) can create another family in which children will appear again. This is not a valid reason for avoiding child support.

Alimony can be paid voluntarily or compulsorily. The court orders deductions in favor of children from official earnings or a fixed amount in case of unstable income.

A certificate of debt may be required by both the payer and the recipient. The recipient, having the document in hand, has the opportunity to go to court to collect the debt. For the payer, the certificate is a supporting document if there is no payment arrears.

The legislator determined that alimony defaulter is deprived of the following rights:

• traveling abroad;
• ability to drive a car;
• communicate with the child.

The court may forcibly collect the debt to transfer funds to children through confiscation of property.

Conducting debt recalculation

Bailiffs are required to provide, in addition to information about existing debts, also certificates of their recalculation. To obtain such actions, you should write a statement similar in content to that described above.

The only difference will be in the operative, or as it is also called the “petitive” part of the document. When it comes to recalculation, this is precisely the requirement that is displayed. Re-calculation must be carried out during annual refinancing.

The bailiff does not have the authority to refuse to accept the applicant's request. If this happens, then you need to know that it is illegal and can be appealed. The text of the certificate must necessarily contain the following information:

• What is the official name of the locality in which the FSSP unit is located.
• Last name, first name and patronymic of the official who is responsible for enforcement proceedings.
• Passport details of each party.
• The amount of alimony determined by a court decision.
• Writ of execution data.
• How long have payments not been made and how large the debt has reached.
• Monthly list of unpaid alimony payments.
• Number of writing, serial number of the certificate, signature of the originator, seal.

Who can request a child support certificate?

Customs officials may request a document confirming the existence of a debt if the payer is prohibited from crossing the border.

The Bailiff Service is a government body entrusted with the implementation of court decisions and federal laws. You can stop enforcement proceedings at the request of the recipient by presenting a certificate from your place of work with information about the transfer of alimony. It is drawn up in free form and certified by the chief accountant and the head of the organization.

Social protection authorities may need a certificate to determine the amount of benefits and benefits for children.

The purpose of the document on payment of alimony is to confirm the fulfillment of a court decision on the timely and full transfer of funds in favor of the child. Where can I get a certificate of non-receipt of alimony? They order the document from SSP.

What to do after receiving a court decision

After the court decides to satisfy the plaintiff’s demands, he receives enforcement documents - a writ of execution, a copy of the court decision or an extract from the court order.

With one of these documents, you need to go back to the bailiff service at the payer’s place of residence or work, and they will begin their work.

In addition, you can send the sheet directly to the enterprise where the defendant works. Then the accounting department made deductions for it.

So, the algorithm of actions for debt formation is as follows:

• Contacting the bailiff service to calculate the penalty (if there have been no previous requests for alimony, but the step is skipped).
• Filing a claim in the magistrate's court.
• Waiting for a court decision.
• After receiving the enforcement documents, send the papers with a covering letter to the bailiffs or the payer’s employer.

Where and how to get the document

Bailiffs are obliged to keep under supervision the payment of debts, the amount and terms of transfer of which have been established by the court.

A certificate from bailiffs about non-receipt of alimony is made on the basis of an application at the place of residence of the alimony payer to the FSSP. If the recipient of the allowance does not have accurate information about the whereabouts of the divorced spouse, then he is searched through the UFSPP. The Regional Office reviews the application and transfers it to the specialist in charge of the enforcement case. The recipient is informed who to contact to obtain the certificate.

The document form has an approved form. The person obligated for alimony and the ex-spouse, as well as their proxies, have the right to receive a certificate of debt from bailiffs. They must have notarized papers giving the right to make a request on behalf of the principals.

Attention! Alimony is included in the category of mandatory payments, the regularity of which is monitored by a specific executor.

When does debt accumulate?

Child support must be paid to the parent who lives separately from the child or who does not voluntarily participate in his financial support. However, if you miss a regular payment or fail to repay it on time, a debt will arise. It accumulates and increases until the obligated person begins to extinguish it.

The formation of debt threatens the debtor with a number of negative consequences:

• debt collection in court;
• collection of penalties;
• restriction of driving rights;
• problems with traveling abroad, etc.

That is why all transfers should be made on time, and it is undesirable to allow delays and non-payments. This harms not only the child, who does not receive the necessary funds, but also the debtor himself.

To repay the debt, the payer can check it with the bailiff who is involved in the specific case. To do this, you can simply contact to obtain the relevant information or order a certificate about the presence or absence of debt.

Help contents

A certificate from the bailiffs about non-payment of alimony contains all the information necessary for presentation at the place of demand.

In addition to data on evasion of salary payments, it contains information:

• about the identity of the alimony payer (last name, first name, patronymic);
• number and date of the court decision on payment of maintenance;
• information about the position, full name of the bailiff.

To expedite the response to the request, it is recommended to write an application addressed to the bailiff whose competence includes this matter.

The document may have 3 options for answering the request: refusal of the request, presence of a penalty, evasion of alimony payment.

Sample certificate of absence of arrears of alimony contains:

• date, month, year of circulation;
• Document Number;
• name of the BSC department;
• personal data of the payer;
• judicial details;
• monthly payment amount;
• Child's full name;
• Recipient's full name;
• no debt;
• request time period;
• position, surname, initials of the executive person.

The sample certificate of alimony debt indicates the amount of debt for the billing period.

A document in this form is issued to both the payer and the recipient of the salary based on their application. How to obtain a certificate of debt from bailiffs - we will consider further.

Institutions for appeal

To receive a document confirming the absence of alimony payments, you must draw up an application and submit it to the department of the executive body. You need to contact the service at the address where the claimant lives. If the application is formed correctly, then the institution’s employees are obliged to accept it for consideration.

It is noteworthy that you can apply for a certificate directly to the organization involved in withholding money from the debtor for the transfer of alimony:

Table 1.

Who can apply to the SSP?

Both ex-spouses may be interested in finding out whether there is arrears in alimony payments.

The interested person, on the basis of the received document, has the right to go to court to collect the arrears. The court can apply the sanctions provided by law to a malicious alimony payer: seize property. Proceeds from its sale will be used to pay off the debt.

The bailiff conducting the enforcement case has the right to intervene if there is a clear evasion of parental responsibilities. In practice, this does not happen due to the large number of cases.

The alimony payer also needs such paper to prove his case in court. The reason for the litigation may be incorrectly accrued amounts, changes in life circumstances.

Attention! Both the debtor and the recipient of alimony have the right to submit an application.

Grounds for reviewing the amount of financial support for children from a previous marriage:

• the birth of children in a new marriage;
• adoption;
• dismissal from work and, as a result, non-payment of alimony;
• assignment of disability.

An error in the recipient's address or a change in the current account may contribute to the emergence of a disputed debt.

Submission nuances

The application with the attached documents is submitted to the office of the SSP and is subject to mandatory registration within 3 days from the date of receipt.
It is important that the office employee provides the applicant with a document confirming the fact of the application. After registration, it is sent to the head of the FSSP unit, where it is reviewed within 30 days. Based on the results of the consideration, the bailiff issues a resolution on the calculation of alimony debt. If the applicant does not receive a response to the request within the period established by law, he has the right to file a complaint about the inaction of the official:

• To senior management in the order of subordination - at this level a decision is made to conduct an internal audit.
• To the prosecutor's office - the authorized prosecutor in relation to the bailiff issues an order to eliminate violations of the law.
• To the court - the appeal is considered in administrative proceedings, a decision on the case is made 25-30 days after the appeal.

How to make an application?

A request application, if there is a delay in payments, is drawn up in free form in 2 copies. But it is necessary that all the required data is present in it.

Required information:

• which department of the bailiff service is being contacted (regional or federal);
• the applicant’s passport details (last name, first name, patronymic, address) and contact telephone number;
• similar information about the alimony payer;
• title of the document “Application for calculation of alimony debt”;
• date of initiation of debt collection proceedings;
• which of the bailiffs initiated it;
• Full name, against whom;
• Full name, in favor of whom;
• Full name, on whose content;
• date of last transfer;
• reasons for failure to fulfill obligations;
• period of non-payment;
• legislative basis for appeal;
• request to determine the debt;
• list of attached documents;
• date of;
• signature.

One copy of the application is the basis for the subsequent activities of the bailiff. The second remains with the applicant.

A sample statement of claim for calculation of alimony debt can be downloaded here

What to do if a child support certificate is refused?

Despite the fact that accountants are not authorized to refuse to provide this certificate to creditors, such cases are not uncommon. They usually refer to the impossibility of disclosing personal data, but according to the law, they do not violate the requirements of Federal Law No. 152 regarding their protection.

There are several possible solutions to the problem:

• Ask the payer himself to make a request to the accounting department.
• Send an application requesting the issuance of a document by registered mail with acknowledgment of receipt - in this case, the application will be automatically accepted, and the applicant will no longer be able to refuse.