What threatens non-payment of alimony? This question is asked by many citizens who are trying to avoid financial assistance to their children or to disabled parents. Can I get a prison term for non-payment of alimony or lose my driver’s license? All this will be discussed in this article.
Main
Under Russian law, child support payments are considered mandatory payments to family members who, for certain reasons, cannot provide for themselves financially. This category of persons includes children - small, incompetent citizens who are under 18 years old, and people of the older generation (parents with disabilities, or those who, due to age, have become disabled).
But what if the citizen, who is obliged to pay alimony to his own children, does not want to do this and avoids the transfer of funds in every way? After all, one mother can not always provide a full future for her babies. What threatens non-payment of alimony in a similar situation to an irresponsible parent? If a person does not comply with the decision of the judicial authority, he may be in great trouble by the law. First of all, bailiffs will constantly come to his house, make warnings and describe property. In addition, bank accounts may be seized if, of course, the latter has them. With a large amount of debt for maintenance obligations, a person can face up to one year in isolation from society.
Legal regulations
The main collection of laws, which states the mandatory payment of funds for the maintenance of their own children, is the Family Code. After all, it is written in it that the parent must provide for his children until their 18th birthday. Subsequently, such an obligation rests with adult offspring. But only if the parents themselves insist on this and submit documents to the courts.
Ban on driving
In this case, citizens who are wondering about the threat of non-payment of child support for a child should know that in early 2016, a law came into force in Russia that allows depriving drivers of debtors for maintenance obligations. This measure is applied when the debt is over 10 thousand rubles. In this case, the bailiff independently makes an appropriate decision to deprive the debtor of a driver’s license. Appeal to the court is not required here. That is the law.
The bailiff makes a decision on the temporary deprivation of a person's driver’s license on the basis of the last debt on alimony and a court decision. The performer needs to hand over the rights within five days. A citizen will be able to return his certificate only when he pays the existing debt and presents a receipt.
Effective measure
What threatens non-payment of alimony to those citizens who, by the nature of their activity or for rest, are used to leaving the borders of our state? Of course, a ban on leaving the territory of Russia. Indeed, at present, bailiffs are on duty at almost all airports. If a person has a debt in child support, he will not fly to another country, despite the fact that everything is in order with his documents.
Many airports have already installed special terminals that allow you to pay off your existing debt as quickly as possible. Nevertheless, do not forget that the money will not arrive at the bailiff’s account immediately, but after a certain time. Therefore, it is best to pay debts before traveling abroad.
Administrative sanctions
So, what threatens non-payment of alimony in Russia? In 2017, enforcement proceedings to recover funds for the maintenance of children from irresponsible parents became a little more than in the past. Perhaps this is due to the fact that now the payers of alimony are first brought to administrative responsibility, and not immediately to the criminal.
Thus, if a person does not comply with a decision of a judicial authority or a notarial agreement without good reason, then he may face a sentence of:
- a fine of 20 thousand rubles;
- compulsory work up to 150 hours;
- arrest from 10 to 15 days.
Important
Women who raise a child alone after a divorce from their husband are often interested in the question of what threatens them with non-payment of alimony in Russia. After all, as it has already become known, not all men try to conscientiously fulfill their duties and financially help their son or daughter. First of all, it should be noted that for late payment of alimony in the amount of debt a penalty will be charged in the amount of 0.5 percent for each day of delay. Thus, the debt will only increase, so it is best to transfer child support in a timely manner.
Imprisonment
Article 157 of the Criminal Code provides for punishment for non-payment of alimony even in the form of a real term in places of deprivation of liberty. Thus, a person who does not want to transfer alimony to his children or parents by the decision of the judicial authority can get a criminal record.
Therefore, all citizens who wish to receive an answer to the question of how long they face for non-payment of alimony should know that for committing the specified criminal act a person can be deprived of liberty for a period of up to one year.
What else is provided
From the norm of article 157 of the Criminal Code, we can conclude that for failure to pay child support for the maintenance of their children, a person can only receive a term if he has already been subjected to administrative punishment for this. Nevertheless, in addition to real isolation from society, other sanctions are provided here:
- corrective or forced labor for a period of up to 1 year;
- three months arrest.
Additionally
And yet, what is the penalty for failure to pay alimony to a citizen who shies away from his duties and does not support the child financially, is not interested in his life and does not engage in education? This deprives a person of his parental rights. Nevertheless, the application of such a severe measure requires good reasons. For example, if a parent uses drugs, leads an asocial lifestyle, and especially does not pay child support, then it will be completely possible to deprive him of parental rights. To do this, you will need to contact the judicial authority with the appropriate statement. Such processes are always attended by the prosecutor and guardianship authorities. In most cases, the latter most often initiate such cases.
If a citizen is convicted of non-payment of alimony, then depriving him of his parental rights, and, accordingly, of subsequent communication with the child, will be quite simple.
Head Responsibility
Almost every organization in our country has at least one employee who, by decision of the judicial authority, is obliged to pay child support for the maintenance of his children. It is clear that if the latter quits and does not work, then his debt will grow, and accordingly, problems with the law will appear. In this case, the citizen can be held accountable for the non-transfer of funds for the maintenance of his own children.
And what will happen if the collector does not receive alimony due to the fault of the head of the organization because the latter does not comply with the decision of the judicial authority? In this case, the bailiffs will be able to prosecute the head of the organization for non-payment of alimony. What threatens the employer with such a turn of events? First of all, by the fact that the official will have problems with the law, and he will most likely receive a term for his illegal actions.
Total
All citizens who are obliged by the decision of the judicial authority to pay alimony to their children or parents (in case of their disability) will be held liable for non-payment of funds for the maintenance of the latter. After all, these payments are due only to those members of the debtor's family who cannot independently or fully provide for themselves.
As already stated above, now people who in every possible way evade the maintenance of their children will be deprived of a driver’s license for that period of time until they pay all the debt (over 10 thousand rubles). In addition, the latter can even receive real imprisonment, which means they will be considered convicted. In the future, this can very badly affect a person’s reputation, and also play a decisive role in finding a good and well-paid job.
Therefore, even after a divorce, parents should not forget their children and must continue to take care of them, help financially. Then problems with the law will never arise. And adult children should not leave their elderly parents, but it is necessary to provide them with some material assistance and support.
Many are interested in the issue of what faces for non-payment of alimony in 2017 to those who shy away from the maintenance of their young children. Remember that debtors may first be stripped of their driver’s license and then brought to administrative as well as criminal liability.