Certificate of non-receipt of alimony: where to get it, sample application in 2021

Structure

A certificate of absence of alimony payments confirms the fact of debt on the part of the payer. It is drawn up in writing according to a special template. The document includes the following information:

Name of the authority that issued the document.
Full name of the payer, recipient and person in respect of whom alimony is paid.
Circumstances. This indicates the period from which the debtor does not pay the obligations and the amount of the debt.
Number of enforcement proceedings.
Details of the authorized person: full name, position and signature.
Seal.
Contact phone number.

The paper is valid if the basic details and signature of the applicant are present.

The order of actions of the bailiff after receiving the appeal

Upon receipt of the application, the FSSP employee must issue a resolution to calculate the existing debt. Copies of the document are sent to the applicant and the respondent, in addition, a calculation of the alimony debt is attached.

The resolution includes data on:

The basis of the calculation made;
Participants in the dispute;
Non-payment period;
Calculation method;
The amount of debt.

The amount of debt can be determined by:

The average salary in the payer’s place of residence. Applies if income was received without official employment, in the absence of information about the payer’s income or lack thereof at all, and also without confirmation of the sources of receipt of funds. In this case, the amount of debt is calculated as the product of the share of average earnings for the quarter by the number of months of delay. This share can be 25, 33, 50%.
Living wage in the region. Used for unstable income or in foreign currency. The court ruling establishes a fixed monetary allowance, calculated in proportion to the subsistence level in the region of residence of the child. Debt is calculated as the product of the increasing coefficient, the cost of living and the time when they were not made.
The total income of the debtor. The calculation is carried out by multiplying the percentage of payments, salary and the length of the period of delay in the number of months. In this case, wages minus personal income tax are taken as the basis.

When deciding on the calculation method, the bailiff is guided by the available information about the debtor.

When is it necessary to receive it?

A certificate of non-receipt of alimony is written evidence of the fact of debt and non-fulfillment of obligations by the payer. Its registration is necessary in the following cases:

Classifying a family as poor to improve living conditions.
Debt collection through a judicial authority.
Applying for a reduction in alimony payments.
Registration of child benefits.
Filing a lawsuit to deprive the defaulter of parental rights.
Receiving additional benefits and child benefits.

In these and other cases, it is necessary to issue a certificate confirming the absence of alimony payments.

Child support certificate: sample

Refusal of the accounting department to issue a certificate of alimony (read more...)

Also, the tax service may require you to present a certificate of alimony when determining taxes. That is, this document may be equally necessary for both the alimony collector and the payer.

Such a document is valid indefinitely, since the amount of payments specified in it does not change. A certificate of alimony is a legal document, for the falsification of which Articles 307 and 308 of the Criminal Code of the Russian Federation provide for liability.

The proposals, of course, are almost the same: let’s get a divorce, I’ll be a single parent.

Not everyone will receive benefit for a child aged 8 to 16 years old

In general, there is no need for any schemes if in reality your income allows you not to be considered low-income.

Not everyone will receive benefits for a child from 8 to 16 years old. The income of one parent + child support = less than two subsistence minimums (for two people). Thus, the mother’s salary to receive benefits must be less than 24,421 rubles. (36,171 – 11,750), if they count according to Moscow,

(read more…)

Or this: let me apply for alimony, I will be a single parent receiving alimony.

The benefits will definitely be paid only to those in need, and will be calculated as follows:

Who can claim

According to the law, the payer and the recipient have the right to registration. In addition, a certificate may be required by representatives of the following authorities:

Federal Tax Service. Used to calculate taxes.
Social protection. Information is necessary to determine the amount of income per child.
FSSP. Information is needed to start or stop enforcement/judicial proceedings.
Employment Center. The data is used to calculate payments that go through the institution’s accounting department.

In all cases, the principles and terms of registration are approximately identical.

What it is?

The certificate is confirmation of the amount of child support on a regular basis from the second parent who does not live with the child.
The recipient of alimony may need it for:

receiving benefits and subsidies;
registration of benefits for the poor;
obtaining a loan from a bank.

When receiving benefits, the guarantor is often required to confirm his financial situation, and alimony is included in the total income of the mother or single father.

Taking into account the amount of payments received in the total income, a social security or bank employee will count and make a decision on a positive or negative decision on the applicant’s issue.

In addition to this certificate, there are also certificates of alimony from the place of work and certificates issued by the FSPP.

Where to get a certificate of non-receipt of alimony

The main question is where to get a document with information about arrears in alimony payments. If enforcement proceedings are opened, the FSSP is responsible for issuing certificates. If the recipient does not have a court decision, it will not be possible to obtain a certificate from the bailiffs.

In a situation where money is deducted from wages, pension payments or unemployment benefits, the situation is different. An interested person has the right to contact the following authorities:

Accounting of the employing company.
Employment Center.
Pension Fund.
Place of study, if payments are made from a scholarship.
Military unit, if the payer is a military personnel.

Each situation is considered individually, and the place of application depends on the goals pursued by the applicant. To obtain a document, fill out an application using the form discussed below.

How to make an application

The appeal is prepared in free form and there are no uniform requirements for it. But it must contain the necessary information, the absence of which may lead to refusal to execute it.

The application must contain information about:

The name of the service unit and its exact addressee;
Passport details of the applicant, including full name, date of birth and place of residence. If the debtor acts as a debtor, then information about the debtor is not entered;
Details of the writ of execution;
Agreement on voluntary payment of alimony payments and the date of its conclusion;
The method of calculating payments - as a percentage or a fixed monetary amount;
Date of the last payment made;
The period when no deductions were made;
Demands to compensate for the debt incurred;
List of attached documentation;
Date of application and personal signature.

Receipt rules

There are three ways to obtain a certificate of non-receipt of alimony - direct application, with the help of the MFC or through State Services. Let's look at each situation in more detail.

Personal appeal

The most common way is to contact the FSSP directly. You must take your passport with you and fill out an application. The document must contain the following information:

The name of the authority to which the application is being submitted.
Information about the recipient of alimony (information from the passport, full name, address, telephone).
Information from the executive document.
Method of calculating alimony payments.
Last payment day.
Debt term.
List of attached documents.
Day and signature.

The application is written in two copies, and one remains with you. 10 days are allocated for its consideration, after which employees of the FSSP or another body issue a resolution on the calculation of the debt. If the bailiff does not respond to the appeal, this is considered a violation of the law on his part. In this case, you can file a lawsuit, complain to the prosecutor's office or the head of the FSSP.

The completed certificate can be picked up in person or received by mail. To prevent the document from being sent to a false address, the application must indicate the place of real registration.

MFC

As an alternative, you can contact the MFC. As in the previous case, you need to come to the office during office hours and fill out an application. A sample will be provided by an employee upon request. You must have your passport with you. It takes up to one month to process the application. During this period, MFC employees send data to the FSSP and receive a response or a completed certificate from them. After preparing the document, the center staff sends an SMS or contacts the applicant, informing them of the need to come at a certain time and place.

Public services

Another way is to obtain a certificate through State Services. We are talking about a document informing about the state of enforcement proceedings (if it is open). It indicates the amount and duration of the debt, as well as other information. This information is usually sufficient for social protection authorities. To register, take the following steps:

Log in to the State Services website.
Register on the portal.
Go to the Security and Law Enforcement section.
Find the item Judicial Debt.
Log in using the link that allows you to obtain information about enforcement proceedings.
Click on the button to receive the service and enter the data in the fields provided.
Click on the Send button.

The authorized bodies process the request and send a certificate with digital signature within 17 days. To apply it and submit it to the authorized body, it is enough to print the document.

Why is it needed?

As a rule, a certificate must be taken if we are talking about applying for any benefits for families or children received through social protection authorities. With this paper, the applicant confirms his family's income. It's necessary:

to apply for child benefits;
to recognize a low-income family;
to obtain various benefits that are provided by the state for low-income families and families with children (especially large families);
to receive subsidies for the purchase or construction of housing.

You must receive it yourself and exclusively in paper form. An electronic form of the document has been developed, but it is not valid for submission to government agencies and receiving benefits, since the stamp on it is “not real”, but an electronic version.

If the applicant has already taken such a paper once, he will need to apply for it several more times. The frequency depends on the purpose for which the document was required. For example, when applying for child benefits as a low-income family, income must be confirmed every six months. Therefore, information about non-receipt must be submitted every six months.

Results

A certificate of non-receipt of alimony is an official confirmation of the fact of debt, which can be obtained from the FSSP and other structures. To register, you can personally contact the authorized body, use the services of the MFC, or make a request at the State Services. Before choosing an option, keep in mind the terms for issuing the certificate and its 30-day validity period. If the document is expired, it will have to be done again.

Don't know where to start drawing up this document? Take advantage of a free consultation with a lawyer at ros-pravo.info and get answers to all your questions.

When will they start paying?

Allowance for children from 8 to 16: you can’t get alimony without a writ of execution

labor exchange;
decree;
disability;
sick leave

Addressing the Federal Assembly, the President on April 21, 2021 introduced a new allowance for school-age children in the form of half the subsistence level - approximately 5,650 rubles. (in Moscow 7500). Help is available only to single parents and parents receiving alimony.

Not only a single mother with a dash in the father column can apply for benefits.

We issue a certificate to an employee through an application

We issue a certificate of withheld alimony upon application. The maximum amount that can be withheld from an employee’s salary must be determined after it has been reduced by personal income tax. The fact is that the salary due to the employee is earnings after taxation (paragraph 2, paragraph 1, article 210 of the Tax Code of the Russian Federation). Therefore, the maximum amount of deduction must be determined based on the employee’s salary after tax (Article 138 of the Labor Code of the Russian Federation).

For information, alimony is money for the maintenance of minor children or adult disabled family members.

Parents must support their minor children and disabled adult children in need of assistance. To do this, even if they are in a state of divorce, they can enter into agreements on child support, which result in the payment of alimony by one of the parties to the agreement. If an agreement on the payment of alimony is not reached, then it is collected from the debtor in court by the bailiff service.

Appeal to other authorities

The main authorities where the recipient of alimony will have to apply are the FSSP, the prosecutor's office and the court. You will have to interact most closely with bailiffs. It must be taken into account that they have a lot of things to do in production. More than 1 million alimony recipients – this is the figure for the first half of 2021. This means that you need to take on part of their work if the situation is not simple. Therefore, you will have to independently send applications to the following organizations :

traffic police;
Inspectorate of the Federal Tax Service;
To the information desk of the Central Internal Affairs Directorate;
Pension Fund;
To the state registration authorities of real estate rights.

Special material has been prepared on the topic of writing a statement to a bailiff about non-payment of alimony - we advise you to read it.

The reason for the appeal is the search for the debtor’s property, which can be foreclosed on. Such searches make it possible to additionally establish the place of work that the payer was hiding and find out his additional income from which he did not pay alimony. This data allows you to:

Recover additional funds for the financial support of the recipient;
Deprive the parental rights of a payer who maliciously evaded fulfilling his duties.

An appeal to the prosecutor's office initiates a check of the information presented for the presence of signs of a crime in the payer's actions under Article 157 of the Criminal Code of the Russian Federation. If there are sufficient grounds, law enforcement officials initiate criminal proceedings and send materials to the court.

How to get a document?

You need to submit a corresponding application.
Wait until the competent officials prepare all the papers. How long does it take to issue a certificate of non-payment? You can receive it quite quickly - within a few days.

Sometimes bailiffs do not perform their duties in good faith. If you have to wait a very long time for the ordered certificate - two weeks or more, then you should file a complaint with the FSSP official, to choose from:

to the senior bailiff;
to the prosecutor's office;
to court.

This is done on the basis of the legislation on enforcement proceedings, on the prosecutor’s office or using the provisions of the CAS of the Russian Federation.

How can I confirm the payment/receipt of alimony in the absence of a certificate in other ways?

If you still cannot obtain the certificate, you can confirm the transfer of alimony by providing:

a notarized copy of the voluntary agreement between the child’s parents;
receipt - drawn up each time alimony is transferred from hand to hand, indicating the exact amount and data of both parties;
receipts for postal orders must contain a note indicating the transfer of alimony;
bank statement – with automated transfers of alimony from the payer’s workplace through a credit institution, it is not at all a problem to order a statement, the main thing is that it is marked “alimony” and the period is indicated.

Sometimes the parent left with the child deliberately tries to hide the receipt of alimony in order to obtain repeated reimbursement or benefits from the state.

See how to qualify liability for malicious evasion of alimony.

Good to know: at crucial moments during legal proceedings, even an audio or video recording of the transfer of money as child support can become the main evidence of payments.

You should not try to deceive social security employees by saying that alimony is not transferred, because they will make official requests to certain authorities and when the fact of deception becomes clear, you will still not be able to receive benefits and assistance from the state.

Certificate for social security regarding alimony withholding

Submitting a certificate of receipt of alimony to social security is needed in cases where people with limited means (most often these are women living with children without a husband - as a result of divorce or breakup of a civil union) apply for any type of material support from the state :

subsidies;
benefits of all types;
various benefits, etc.

Such a certificate is needed to resolve issues where it is necessary to know the total family income to determine the average monthly income per family member.

In what cases is a certificate not issued?

There are also situations when a child support certificate is not issued:

the parent who pays child support does not work anywhere and is not registered with the Employment Center;
a citizen obliged to pay alimony is listed as missing;
there is no formalized notarial agreement;
there is no paper on forced collection of alimony.

In these situations, a certificate cannot be issued, since there is no information about actual transfers of alimony.

Document confirming payment for social security from bailiffs

When the mother stops receiving money for the maintenance of her offspring, the alimony payer develops a debt, information about which is available to the bailiffs.

Such a document will be issued, it will record the amount of funds unpaid by the father as of a certain date.

Since there is a possibility that dad can pay off the alimony debt at any time , as soon as he has the opportunity, the certificate from the bailiffs may have an expiration date not exceeding one month , although the law does not provide for such a limitation.

What is the minimum amount of child support required for a child if the father does not work? Read here.

If the defaulter of funds for the offspring is hiding, and his location is unknown to the mother of his children, then questions should again be addressed to the bailiff service, it is they who monitor the movement on writs of execution .