Unfortunately, parents do not always pay child support to their children living separately from them. The reasons for this can be very different. However, before you fail to fulfill your obligations, it is worth remembering that the legislation of the Russian Federation provides for a penalty for alimony. Judicial practice in such cases shows that quite often debtors are charged not only the amount of debt, but also penalties.
What is child support?
Family legislation of the Russian Federation regulates the issues of the monetary content, which is provided by some family members in relation to others. Judicial practice in the child support penalty shows that most often cases are opened regarding the payment of funds to underage children. In addition, there are alimony for incompetent parents, but such claims are much less likely to occur and lead to litigation.
Payment of alimony is based on a court decision or by agreement of the parties. The amount of payments depends on the level of remuneration of the payer, as well as the number of children in need of support. Failure to fulfill the obligations of the debtor leads to the fact that he is assigned a penalty for non-payment of alimony. Judicial practice knows many cases when negligent debtors were assigned large fines for non-payment of money for the maintenance of children. In any case, one must be aware that failure to fulfill or untimely performance of duties always leads to punishment.
Forfeit in civil law
If for some reason a citizen does not transfer money for the maintenance of minor children, he may be presented with a penalty for alimony (judicial practice). Rejection of this presentation may be perceived as another violation of the law, unless the debtor had good reasons for the termination of payments (illness, financial distress, etc.).
Fines are charged to violators on a daily basis, and after the accumulation of an impressive amount of alimony, they are brought to administrative or criminal liability. Detailed information is provided below on how the penalty for child support is calculated. Judicial practice shows that the law is always on the side of minor children. In civil law, this concept is one of the punitive measures in relation to those citizens who violate their obligations. Family law does not provide other methods to punish malicious defaulters.
Why can they charge a penalty?
From the moment when a citizen of the Russian Federation is obliged to pay money for the maintenance of a close relative (most often a minor child), he must make payments in the prescribed amount and on time. Judicial practice regarding a penalty for alimony shows that if one of the above conditions is violated, a non-payer may be brought a civil lawsuit in accordance with Section 115 of the Law. Regardless of whether the second party (the plaintiff) requires payments from the debtor, the offender is forfeited.
When you can not recover a penalty for alimony?
It is worth noting that in some cases defaulters can avoid liability for late payments. To do this, the debtor must present to the court confirmation of the deterioration of his financial situation or a certificate from a medical institution confirming his illness. In such cases, no penalty is paid for alimony. Judicial practice shows that very often it is possible to cancel the assigned fines by presenting undeniable facts.
How much is the child support penalty charged?
Today, very often legal proceedings are instituted on non-payment of alimony for minor children. The requirements are put forward in accordance with article 115 of the Family Code. In case of delays in payment of a debt or payments in a smaller amount than established, non-payers are presented with a penalty for non-payment of alimony. Settlement (judicial practice) can be either compulsory or voluntary. Penalty in accordance with the delay in days is considered. The final amount is set in national currency.
Judicial practice in the penalty for alimony shows that sometimes penalties for non-payers are not charged, for example, due to a sudden deterioration in financial standing or a serious illness. The parties may draw up an agreement together and settle the issue of forfeit. Otherwise, payments are made by court order. It is calculated in the amount of 0.5% of the amount outstanding for each day.
They begin to calculate penalties from the first day after the debtor has stopped making payments. For example, a party must pay alimony monthly until the 15th. In case of delay, there is a penalty as early as the 16th. In addition, the guardian or parent of the dependent child of the minor may prove in court that the absence of payments caused serious losses and require additional compensation. Its size is established minus the amounts that the penalty has not covered. Such a sanction plays the role of additional guarantees that the debtor will fulfill its obligations.
Are there any legal statutes of limitations
It is worth noting that there is a penalty (alimony) the limitation period. Judicial practice shows that fines are charged only for the last three years. At the same time, the main amount of alimony has no statute of limitations and in any case is recovered from the defaulter.
Some defaulters suggest that debts will disappear after the child reaches the age of majority, but this is not entirely true. They can be demanded by both the child and the second parent even after reaching the age of 18.
Penalty recovery options
The legislation of the Russian Federation provides for several ways how a penalty for alimony can be recovered. Judicial practice rejection is considered only if there are good reasons. In other cases, the non-payer will have to pay a fine.
There are two types of forfeit: legal and contractual. For example, if the parents have peacefully agreed with each other, then compensation can be set in the amount that suits both parties. It is another matter if it was not possible to reach an agreement and the penalty is appointed by the court. In the first case, the minimum and maximum amounts of the penalty charge do not exist, and in the second case, the payment is calculated at a rate of 0.5% per day, in accordance with the law.
Jurisdiction
Another issue that may worry parents planning to sue is territorial jurisdiction. It is determined by the Code of Civil Procedure. If the case is related to alimony, the application is submitted to the nearest court at the place of residence of the plaintiff. If the parents peacefully agreed on payments, then relations between them are regulated by article 32 of the Family Code.
Package of documents for payment
To begin legal proceedings, you must apply to the court with a statement. In addition, the plaintiff will be required copies of the court decision and writ of execution (taken from the bailiffs). The decision on the calculation of debt is also taken from the bailiff who is involved in this matter. Additionally, a child’s birth certificate and calculation of the penalty will be required.
State duty
It is important to note that any legal proceedings require payment of state fees. It is determined in accordance with the requirements of article 333 of the Tax Code of Russia. Based on it, the amount of state duty should be at least 4% of the total amount of the claim. Additionally, when filing an application with the court, 100 rubles are collected from the plaintiff. Lawyers recommend that you pay the mandatory fee, and pay the percentage of the requirements if they are satisfied later. The fact is that the penalty in the process of legal proceedings may change.
Arbitrage practice
Parents after a divorce must remember their obligations and strictly fulfill them. For example, do not forget that all debts have a statute of limitations, so you need to file a claim to recover the penalty as soon as possible, because in the case of a long absence of payments, the debtor will be charged only for the last 36 months. In some cases, the sanction cannot be charged at all, for example, if the debt was formed through no fault of the defendant. This happens when, after awarding alimony, the plaintiff does not contact the bailiff service.
Judicial practice in the child support penalty shows that evidence is required to charge any fines. The debtor can be freed from the penalty at all or significantly reduced. For this, the payer must also provide evidence of a difficult financial situation, a reduction in work or illness.
In any case, careless parents should be mindful of their obligations and not avoid debt, but make payments on time to avoid problems. Non-payment also provides for criminal liability. For example, a defendant may be sent to forced labor or imprisoned. In addition, non-payers are sometimes deprived of parental rights, as practice in such cases shows. With this outcome, the negligent father or mother cannot communicate with the child and claim his help in old age.
Reducing Child Support Forfeit: Judicial Practice
Sometimes the accrued fines seem overwhelming to the defendant, and he filed a counterclaim about their possible reduction. However, before filing an application, it should be borne in mind that the judge decides in favor of reducing payments only if there are legitimate reasons. The following are some examples of cases where citizens demanded a reduction in the penalty for alimony. Judicial practice shows the following.
The court did not reduce the penalty for alimony, exacted in full:
- The Susuman District Court of the Magadan Region in 2011 considered the application and left the amount of payments unchanged. The size of the fine exceeded the amount of unpaid funds, but the children are a socially unprotected category of the population, so the negligent father was obliged to pay full alimony and forfeit on them.
- The Kirov District Court in Khabarovsk in the same year considered the case of forfeit, as a result of which the fine was reduced. The decision was made taking into account the disproportionate requirement of payments, marital status and income level in the respondent's family.
Payment of penalty for alimony: refusal
Unfortunately, unscrupulous parents can find a variety of reasons, just not to pay the child support debt to their children. Most popular is the lack of a permanent job with the defendant. However, this fact is not the reason, because payments can be charged in hard cash. The penalty shall be recovered only if the recipient of the alimony has transferred the court decision to the bailiff service, which subsequently collects it.
Very often it happens that the size of the fine is huge, and the defaulter is not able to pay off the debt. The penalty is reduced only if there are serious reasons. As they are accepted documented deterioration in the health of the defendant, a decrease in service, as well as other reasons. If there are grounds, the payer can apply to the court with a refusal of a penalty or an application for review of the size of the fine. The debtor must prove that he tried to improve his financial situation and these attempts were unsuccessful.