Alimony is a subject of ongoing debate. People ask family members officially for help, but ultimately they don’t get financial support. What to do? How can a child support debt be identified? When does it occur? And how in Russia is money collected in a particular case? Finding answers to all this is not so difficult. It is much more difficult to achieve the payment of alimony by the non-payer.
Support Assignment Methods
Alimony is a regular, usually monthly, payment made to support a needy disabled relative. For example, spouse, parent, or child.
Debt on alimony, if the potential payer does not fulfill obligations, does not always arise. After all, financial support can be provided in different ways.
At the moment, child support is paid:
- voluntarily;
- by peace agreement;
- through a court decision.
In the first case, the absence of regular payments does not threaten the payer. A person does not owe anything until the agreement is documented. But if the couple officially concluded a peace agreement or conducted an official procedure for the appointment of alimony, the debtor can be worried. Delay in payments often entails a number of problems for the non-payer.
Reasons for the delay
Child support debt is a delay in the related payments. As a rule, it is different. Depending on the reason for non-payment of money, the sanctions applied to the debtor will change.
Delay happens:
- intentional;
- unintentional.
The second alignment in real life is much less common. It can be said in exceptional cases. Often it does not entail any consequences. Therefore, we will dwell in more detail on targeted non-payment.
Delay with Intent
Bailiffs can write off debt for alimony. More precisely, do not apply any sanctions to a person. But this is possible only by a court decision and if it is proved that the debtor did not deliberately delay payments.
In Russia, most often there is a deliberate non-payment of alimony. The following situations are considered to be deliberate non-payment:
- underestimation or concealment of the real profit of the payer;
- lack of money transfers on time;
- when a person doesn’t specifically go to the labor exchange to look for work;
- if the potential debtor intentionally does not get a job;
- avoiding conversations and maintaining contact with the recipient of funds, court or bailiffs;
- moving without notice to the court.
In all these cases, one will have to face serious consequences. We will get acquainted with them later. First, find out when the court and bailiffs can cancel the debt or reduce it.
No fault of one's own
Occasionally, there are situations in which there is a delay in payments for alimony, which is not purposeful in nature. That is, the payer did not pay on time not specifically.
These situations include the following:
- disability acquisition;
- long treatment;
- long-term hospitalization;
- getting into a natural disaster;
- severe illness in close payer;
- mistakes of banks.
If you prove your innocence, you can both reduce the debt and completely get rid of it. Count on such circumstances is not necessary. After all, the bulk of maintenance debts are deliberately allowed.
Verification Methods
And how can you learn about debt? There are many ways to do this. The main thing is to know how to act.
How to find out child support debt? To do this, you can contact:
- to bailiffs;
- the help of the public service portal;
- FSSP website.
These are all official ways to bring ideas to life. Additionally, you can turn to the help of third-party services for checking citizens' debts, but such offers often turn out to be a hoax.
Learn debts through the FSSP
It is not as difficult to find out child support debt by the name of the debtor as it seems. The main thing is to follow a certain algorithm of actions.
A person has the right to contact the bailiff service of the Russian Federation. So the applicant will be informed about the debt of a particular person.
You need to act like this:
- Prepare documents. The package will vary depending on who the money is allocated for.
- Contact the FSSP at the place of registration. It is advisable to submit a request to the organization at the place of registration of the debtor.
- Wait for a response from a government agency.
After some time, the citizen will be informed of the debt. Generally, the FSSP does not disseminate such information to third parties. Therefore, it is better to contact here the relatives of the debtor or the recipient of the money.
Documents for bailiffs
Bailiffs not only calculate debt for alimony, but also collect it. In order to start the process of searching for a debtor, you will need to take with you:
- passport;
- court decision on alimony;
- details of the account to which the money was to be transferred;
- birth certificate of a child or other recipient of money;
- maintenance agreement (if any).
This is usually enough. The FSSP will verify the documents and then calculate the debt of the person. After that, active actions will begin to search for the deadbeat and to recover the required funds from him.
Government Services and Data Acquisition
Child support debt can be found through the State Services Internet portal. This technique is not used very often, but you need to know about it.
To cope with the task, you need:
- Open State Services and log in to the service.
- Go to the service catalog and click on "Popular".
- Select "Litigation".
- Go to the section "Providing information on office work".
- Indicate the surname, name and patronymic of the debtor.
- Confirm action.
Information on the maintenance debt of a citizen will appear on the screen. Now you can proceed with his recovery.
Some social networks offer to check arrears of arrears by last name and other personal data through special applications. Often the information in the provided databases is updated late. Therefore, it is better not to use this technique.
At the State Service, the data is updated quickly and on time. The service offers only relevant information about debtors.
Bailiff site
You can find out the alimony debt by last name on the official website of the bailiffs website. This is the simplest scenario. It allows you to clarify data on child support and debt, without leaving home.
To display alimony arrears by last name (and not only) on a computer screen, you need:
- Open the site fssprus.ru.
- Go to the Bank for Enforcement Proceedings.
- Specify data search options.
- Enter full name debtor. It is advisable to indicate in addition the region of residence of the person and his date of birth.
- Click on the "Find" button.
If the FSSP database contains data on the debt of the wanted person, the relevant information will be displayed on the screen. In the absence of information, it is worth considering that the debt already or does not take place.
To double-check the information, you can contact the bailiffs directly. There are no more reliable methods for obtaining data on late alimony in Russia.
Collection procedure
Debt on alimony by last name found out, and what next? Now it’s worth taking decisive action. The recipient of money or his representative must:
- Create a package of documents for the court and bailiffs.
- Write a debt collection application.
- Submit a request to the court and bailiffs.
- Wait for the result.
It is not possible to collect debt on alimony independently. This is not provided by law.
Forfeit
As soon as a person has a debt on alimony, he can prepare to recover the penalty. This is a kind of penalty requested by the recipient of financial assistance.
The penalty is increased by 0.5% of the amount owed daily. To recover it, you must go to court. As long as there is no corresponding application, a penalty for late payment of alimony debt is not paid.
Limitation period
When can I apply for child support debt to a court or bailiff? Is there any statute of limitations?
Not. A person may request at any time. That is, even after a child reaches the age of 18, it is allowed to engage in the return of money laid on a minor in an official manner. This practice is indeed encountered.
To cope with such a task, you will have to behave as in the usual debt collection. The difference lies in the fact that upon reaching adulthood, the child himself will be able to contact the relevant state bodies to solve the problem.
Alimony debt is calculated by the bailiffs. After this stage is completed, the public service will begin to recover money.
Measures from the bailiffs
We figured out how to find out child support debt. And what will the deadbeat face? The answer lies in modern law.
Bailiffs can apply such sanctions:
- a ban on the debtor going abroad;
- deprivation of a driver’s license;
- wanted ad;
- seizure of property;
- blocking bank accounts and debiting funds as alimony money from them;
- administrative fines or arrests.
If a person does not have money to pay off a debt, bailiffs can seize his property and sell it. The proceeds will be used to close the debt. The balance, if any, will be given to the debtor. He can dispose of it as he wants.
Court, peace agreement and bailiffs
Some are wondering what to do if citizens have entered into a formal alimony agreement. Do I need to additionally go to court to enforce the recovery of money?
Not. In order for the bailiffs to begin their work, it is enough to present an alimony agreement. In order to receive a forfeit, it is necessary under any circumstances to file a petition with the court.
Enforcement and work
The debt for child support was calculated, the applicant turned to the bailiffs. What's next?
The debtor can be forced to collect money to support family members. FSSP addresses the employer of a negligent payer. He holds a specific amount or percentage of the earnings of a subordinate. It all depends on how the alimony was assigned.
If the citizen’s place of work is unknown, the bailiffs will begin his search. Sometimes a process takes a lot of time. The main thing is to remember that you can collect debt for child support. To do this is sometimes problematic and troublesome, but everyone has a chance of justice.
Some citizens collect child support debt through collection companies. This is an unofficial, but very effective technique.