In practice, cases are not uncommon when persons obligated to pay alimony (both by agreement and by court decision) do not make such payments . Thus, alimony debt accumulates, which must be claimed .
The first step towards collecting the funds due to the recipient of alimony is filing an application with the bailiffs for the calculation of alimony arrears. After completing such an application in free form , you need to attach the necessary documents to it and hand it all over to the bailiff. After this, he is obliged to issue a debt settlement. go to court with this document, as well as a copy of the court decision (or agreement), as well as the calculation of the penalty .
After filing a claim in court with all the necessary documents attached, as well as a positive court decision on this issue, you can contact the bailiff service , who open enforcement proceedings and recover the funds specified in the court decision from the guilty party.
Grounds for appeal
Alimony is mandatory payments intended according to the Family Code of the Russian Federation for the maintenance of disabled citizens: minor children, parents, spouses. An obligation arises through blood relationship. For example, a mother will force a father to provide assistance to a young child, and elderly parents will oblige their son to support them in his old age.
According to Russian legislation, participants in alimony relationships can come to an agreement. In this case, payments can be periodic in nature, made in an arbitrary amount, on separate dates. Most often, in a peaceful divorce, spouses agree to support the child until they reach adulthood and find employment.
But an oral agreement very often lasts until the former spouses start a new family. In this case, other children are born, men and women experience a shortage of money, cut child support payments or simply stop making them. The recipient of alimony will try to restore justice and invite the debtor to enter into a notarial agreement. Based on this document, the payer will continue to pay contributions, but under strictly specified conditions.
If the ex-husband is a persistent defaulter, refuses to communicate, and does not agree to go to the notary, there remains only one correct, legal option - to go to court. The competent authority will consider the claim, assess the defendant’s solvency and determine a certain amount of payments. A percentage deduction from periodic income or monthly payments in hard currency (fixed amount) is allowed.
The basis for implementing the order of the judicial authority will be an order or a writ of execution. The alimony provider is allowed to make payments under the agreed conditions in any convenient way: by transfer to the bank or savings account of the child’s mother, the child’s individual contribution, transfer of cash, or other money transfer.
Alimony is forcibly collected if the debtor evades obligations for a long time
If the defendant does not want to transfer assistance on his own, the plaintiff has the right to transfer the judicial act for execution to organizations that pay periodic amounts to the second parent. To do this, it is enough to draw up a free-form application and attach the original court order. Letters are sent to the bank, Pension Fund, social security, the citizen’s place of employment, etc.
Competent authority
Sometimes it becomes necessary to contact a special FSSP service. Such actions will be forced if the payer refuses to execute the judicial act, hides from the claimant, or transfers meager amounts. The recipient of assistance draws up a statement of any type, attaches a writ of execution and submits it as a set to the bailiff department. The civil servant opens proceedings and orders the collection of money from the defendant’s periodic cash receipts.
The second option, when you have to write letters to the bailiffs again, is a situation with non-transfer of money. In fact, the bailiff did his job: he sent a decree to withhold alimony to the place of employment or to the bank. But very often in practice it happens that the employer violates the established procedure, delays wages, or the debtor quits one job and does not notify the official about the new place of employment.
In what cases is it possible to apply for debt settlement?
To calculate the debt, it is necessary to file a claim, but for this certain conditions must be met (Federal Law No. 229, Article 50):
- Firstly, the claimant must have in his hands an official document confirming the assignment of alimony - a writ of execution or a notarial agreement.
- Secondly, it will not be possible to collect the debt in more than 36 months.
- Thirdly, only the legal representative of the child or the child himself upon reaching 18 years of age can submit an application.
Typically, penalties are applied to the defaulter when alimony payments are not received by the recipient for more than 3 months. You must understand that if you do not have a court decision or a notarial agreement, then it is impossible to collect. Therefore, it is so important not only to verbally agree with the father on financial assistance to the child, but also to give this fact legal force.
Purpose of the letter
The recipient of alimony makes a written appeal to the SSP in order to restore justice and protect his rights and his child. Many women are forced to stay at home with their baby until he becomes a little independent and goes to kindergarten. Benefits from the state are not enough for maintenance, so the ex-wife is simply forced to demand money from her husband.
The main purpose of the application to the Federal Bailiff Service is to restore the frequency and completeness of the receipt of funds. The legislation does not oblige applicants to pay state fees for filing a complaint, therefore recipients of alimony have the right to contact the bailiff at any time.
In practice, plaintiffs begin to sound the alarm from the first day of delay in transfer. Such measures will indeed help to achieve the truth, but will lead to aggravation of relations with the payer. In addition, technical and system failures in banks’ transfers very often occur, and employers shift the deadlines for paying salaries. Therefore, it is recommended to wait at least a couple of weeks, only after that assess the situation and initiate proceedings.
The application for the debtor is sent to the bailiff service
Procedure for the bailiff upon receipt of an application
By submitting an application to the bailiffs about arrears of alimony, the recipient is released from further actions related to collection. Responsibility from this moment rests with the performer. The debt is calculated for no more than the last three years of non-receipt of funds. The exception is a citizen’s evasion of paying child support. In this case, the debt is calculated for the entire period of formation.
Debt is calculated in the following ways:
- based on the income of the alimony payer;
- based on the average salary in the country;
- based on the minimum wage in the region provided for children at the time the application is received.
Having received the application, the bailiff must take the following actions:
- calculate debt;
- make a decision.
The document is handed over to the plaintiff within 1 month from the date of filing the application.
Who can be an applicant
Since the former spouse has been appointed as the recipient of alimony, only the plaintiff has the right to request information about debts and submit requests for inspections. A similar situation applies to alimony in favor of parents, a disabled wife or husband after a divorce. That is, only the recipient can demand from the bailiffs to provide a certificate of non-payment of alimony, the amount of debt, and the progress of the proceedings.
If the applicant is incapacitated or temporarily limited in movement, or ill, he can delegate the authority to represent interests in the FSSP to his authorized representative. This can be done on the basis of a power of attorney certified by a notary. Any person can become an authorized representative: a lawyer, close relatives, colleagues or just friends.
Period for protection
The claimant is not limited by law in the right to present a writ of execution for execution. The alimony recipient can do this immediately after the judicial act comes into force. The set of documents is submitted to the debtor’s place of work or to the territorial division of the FSSP. In the latter case, you must contact the department at the place of registration, residence of the defaulter or address of the property. If it is not possible to establish these facts, then citizens submit an appeal at their place of registration.
According to Article 21 of Federal Law No. 229 of October 2, 2007, the plaintiff can present a writ of execution to collect alimony at any time: after a year, two, three, five. The only limitation is that the child reaches adulthood, then only three years remain to repay the debts. In fact, the claim can be brought before the children reach the age of twenty-one.
If we talk about an application for an inspection about non-payment of alimony, then the applicant independently determines the deadlines for filing requests and complaints. You can write a letter to the bailiffs if appropriate grounds arise while the writ of execution is in effect, and also taking into account the logic of calculating deadlines.
Compiling a document
An application addressed to a bailiff is not a mandatory form approved by regulations. Therefore, the applicant independently draws up the form, based on standard samples of applications. It is important to fill out on paper all the necessary data that will allow you to identify the debtor and the collector, as well as assess the circumstances of the case. Failure to provide information may result in a delay in processing the request or refusal to satisfy it.
The application is drawn up in free form, but with some mandatory details indicated.
Collectors often doubt how to correctly write a letter to a bailiff about non-execution of a judicial act or non-payment of alimony. When writing a letter to the bailiff, it is recommended to adhere to an official business style, avoid emotions, obscene language and common language. It is important to understand that the document will be stored for a long time in the archive, as part of enforcement proceedings. Therefore, it is recommended to take the preparation of the template with all responsibility and seriousness.
Small blots and clerical errors will not become an obstacle to fulfilling the requirements. For the neatness of the document, it is advisable not to make corrections by crossing them out, using special proofreaders. If the applicant made a mistake, it is better to rewrite the application on a blank sheet of paper. A conscientious attitude to the matter will earn respect from the bailiff and will eliminate potential mistakes.
An alimony collector can download an example document for free on the Internet on publicly accessible legal and public portals or through the official website of bailiffs. We list the main details that are recommended to be indicated on the form:
- In the upper right corner is written the full name of the territorial division of the FSSP, the position and name of the bailiff.
- Next, fill in the full last name, first name, patronymic of the claimant, and his passport details.
- The name of the document is written in the middle of the form.
- The recipient of alimony lists the reasons for receiving assistance with reference to the court order or writ of execution.
- In the operative part, the applicant sets out the requirements: providing a calculation of the debt, checking the correctness of the calculation and transfer of alimony, expected measures against the debtor (debt collection, restriction of travel abroad, driving license, etc.).
- If the claimant requests a certificate, it is necessary to indicate the method of its provision (mail, by hand).
- At the end of the document, a list of attachments, date of compilation, signature and transcript are filled in.
When filling out, you can use a sample application to a bailiff or to the court for a certificate of non-payment of alimony.
Along with the application, you can provide additional documents related to the case.
Terms and fees for services provided
The application can be submitted during the entire period when the citizen has the right to receive alimony. And also within 3 years after the end of the specified period. That is, until the child turns 21 years old. This provision is enshrined in paragraph 4 of Article 21 of the Law “On Enforcement Proceedings”.
Upon application, payments will be collected for the entire period during which the debtor evaded transferring alimony.
There is no need to pay a fee for processing the application. There are no legislative guidelines in this regard.
On our website you will find other publications about the collection of alimony, after reading which you will be able to find out:
- In what cases is a spouse obliged to pay alimony for the maintenance of his wife and child?
- How is paternity established in court and how to file a claim for paternity and child support?
- How to file a claim for divorce and assignment of payments and what documents are required for this?
Nuances of the procedure
There are very rarely cases where a bailiff is dishonest about his official duties, is inactive and does not respond to requests. In this case, the claimant can write a letter addressed to the higher management of the FSSP with a request to remove the contractor from work and punish in accordance with the internal regulations and the Code of Administrative Offenses of the Russian Federation. If such actions do not bring results, all that remains is to complain to the prosecutor's office.
The plaintiff has the right to request information about the transfer of benefits for the maintenance of a minor child through the court. Such measures are taken if other competent authorities ignore requests or refuse to respond to them. A petition to the court differs from a letter to the bailiffs, primarily in that the addressee of the correspondence changes.
On the form, the applicant outlines the essence of the problem and the circumstances that led to the violation of legal rights and interests. The recipient of the application undertakes to check whether the bailiff correctly fulfills the legal requirements, how correctly he works to collect debts and bring the defaulter to justice.
Features of collecting alimony through bailiffs
Collection of funds through the SSP has the following features:
- the applicant has the right to revoke the writ of execution at any time;
- the payer has the right to reduce the amount of payments in court;
- a citizen can completely cancel the debt through the court;
- the plaintiff may return the document for enforcement during its validity period.
The law prohibits bailiffs from independently carrying out actions to collect funds or settle debts. The recipient of the material content must initiate the action. The document is drawn up in writing and submitted to the FSSP.
Each party may need a decree on debt calculation to reduce/increase the amount of payments, change the collection procedure, or for other purposes.
List of applications
If the plaintiff applies to the bailiffs for the first time, he will need to provide a copy of his passport, bank details and the original writ of execution. The last form will be kept in the case file until full execution or will be returned to the applicant after a while if the debtor does not have income, property and the ability to repay the debt in any way.
The claimant has the right to attach any documentation directly related to the case. For example, testimony about the potential income of the debtor, facts of visits to vacation spots, tourist resorts, purchase and sale of property, real estate. Additionally, bank statements are attached to confirm the absence of alimony payments.
The plaintiff has the right to complain against the bailiff if he is incompetent
Where to submit?
Applications for collection of alimony debts are submitted to magistrate judges. The applicant can choose the territorial location of the authorized body (magistrate's court) independently. This can be either a branch of the judicial authority located at the plaintiff’s registered address or at the defendant’s registered address.
The applicant has every right to send the claim to the judge who made the decision on the first claim for alimony.
This option will be the most convenient, since the previously rendered decision will play an important role in the upcoming new trial.
Presentation regulations
The application to the bailiffs is drawn up on paper by hand or using electronic computer technology. Formal style typically uses blue or black ink. The plaintiff provides a set of documents directly to the FSSP secretariat, sends them by mail or courier.
It is important to understand that the initial filing of a claim cannot take place remotely, since the original judicial act must be attached. In other situations, information can be requested through your personal account on the bailiff service website. Here you don’t have to go through lengthy registration; the sender’s signature is authorized through an electronic signature or the State Services website.
