In accordance with applicable law, several types of alimony are provided: for the maintenance of a child, ex-spouse, parents, etc. If a person does not comply with the requirements prescribed by a court order or an agreement between the parties (that is, he does not pay child support) for a long time, then appropriate measures may be applied to it. The degree of punishment may vary depending on the circumstances involved. Parents who do not pay child support may be held criminally liable.
What is considered malicious evasion?
To attract a person under the article of the Criminal Code of the Russian Federation, several circumstances are necessary. The term “malicious evasion of alimony” implies the absence of regular payments over a long period without good reason. As a rule, non-payers deliberately stop transferring funds, hiding behind all kinds of situations and circumstances. That is, there should be a systematic, for a long time and without good reason, rejection of the obligation to financially help your children. The term “malicious evasion of alimony” can be lawfully used only if there is a corresponding resolution from the court.
Who can be recognized as a malicious deadbeat?
This can only be done in court. Recognize a citizen as a bad payer will be possible if he:
- has a large arrears of child support charges;
- refuses to perform the actions prescribed by the court after receiving a warning from the bailiff about criminal liability;
- hiding from bailiffs, regularly changing their place of residence;
- does not make deductions in favor of the dependent for more than four months, without having significant reasons;
- wanted;
- refuses to provide information on available income or provides false information.
The presence of such actions by the non-payer indicates that he intentionally does not provide financial assistance, this may lead to a criminal case. Evasion of alimony of the Criminal Code of the Russian Federation qualifies under Article 157.
When can I get a deferred payment?
There are a number of reasons that may be grounds for commuting a judge’s sentence and refusing to prosecute the accused. These include:
- delayed salary at the official place of work due to the fault of the employer;
- making minimum deductions for the last six months;
- being registered with the employment service;
- availability of documents confirming the fact of paying alimony (checks, receipts, statements, etc.), even if the funds were not transferred to the recipient (for example, the bank did not transfer the funds);
- the deterioration of the citizen, which led to significant cash costs.
In this case, the court will not be charged with malicious evasion of alimony (Article 157 of the Criminal Code of the Russian Federation) or a minimum sanction will be established. But it is worth noting that these facts do not exempt from the obligation of financial assistance.
What are the consequences of avoiding child support: non-payer liability
The measure of state coercion is established by the court. The degree of punishment that can be applied to malicious defaulters is related to a number of factors: the amount of debt due, the period during which the non-payment of alimony lasted, the presence of mitigating (illness, delayed wages due to the employer's fault, etc.) or aggravating (withholding the real level of income , large debt) circumstances. In the aggregate of all circumstances, the court sets the sanction provided for in Article 157 of the Criminal Code of the Russian Federation.
The following penalties are provided for as punitive measures for violators for malicious evasion of alimony payment in the Criminal Code of the Russian Federation:
- deprivation of liberty;
- correctional or community service;
- arrest.
The civil code also spells out measures such as:
- inability to drive a vehicle;
- restriction of the ability to travel around the country;
- a ban on leaving the territory of the Russian Federation;
- risk of loss of parental rights, etc.
How can a citizen be held liable for non-payment of alimony?
A citizen who refuses to financially help his children can be held liable only if the fact of tax evasion has been officially proved, and the payment of material support was previously appointed by the court. In this case, an application for non-compliance with a court order may be filed.
What order of action is necessary to carry out in order to fulfill the two above conditions?
- Contact the court and file a lawsuit about the need to receive alimony, in connection with their non-payment by a responsible citizen.
- Wait for the judge’s decision and receive a decision sheet, if the application is reviewed successfully.
- Send this document and the application for recovery to the bailiff, who, in turn, must take measures to recover the debt as part of the enforcement proceedings.
- If in this way it was not possible to obtain financial assistance from the parent, then you will have to turn to the court again to institute criminal proceedings in order to prove malicious evasion of alimony and non-compliance with the court's request.
How to make a written appeal to the FSSP?
The application, which is sent to the bailiff along with the court order, must contain the data of the service to which the appeal is made and the following information:
- information from documents of marriage and divorce between parents;
- data on children in whose favor child support is paid, including their place of residence;
- amount of debt;
- information about alimony payments, if any.
Until the moment when the citizen is called a malicious defaulter, the necessary measures will be taken: the circumstances will be clarified, the information of the offender will be established, notifications will be sent to the non-payer in writing about the existing debt and the possibility of bringing him to criminal liability if the non-payment of alimony is of a long nature, evidence collected. After that, if the citizen’s guilt is proved, the punishment will be determined.