Today, for most citizens, the maintenance of child support causes a lot of difficulties. Some try to get away from their duties, hide incomes, drag time. In such cases, the recovery must be carried out through the bailiffs. For more information on how and where to find out the debt for child support, read further in this article.
Causes
Debt on alimony arises due to non-payment or transfer of the amount in an amount less than what was established by a court decision. There can be many reasons:
- deliberate evasion of payments;
- the inability to repay the debt due to illness, unemployment or due to life circumstances;
- erroneous deduction of understated amounts by accounting;
- failure to provide information on details;
- Recipient's refusal to transfer;
- and many others.
Each of these cases is regulated by the Family Code of the Russian Federation.
Costing
The determination of child support debt is provided by the bailiff. To do this, he requests information about income for the period of debt. Based on these data and performs the calculation. The determination is made from the moment of collection to repayment of the debt. If the payer did not fulfill obligations for valid reasons (illness, delayed salary, lack of work, etc.), then three years are taken for accounting, otherwise, the entire debt period.
And in the period of time in which the debtor did not work or did not submit documents confirming the amount of income, the calculation is made on the average earnings. If the amount of debt on alimony is calculated incorrectly, then the bailiff's decision can be appealed in court.
A judicial act on sentencing for an administrative offense falls to the bailiff after the expiration of the appeal period, and in some cases - the period of voluntary execution. Therefore, you should know in advance what debt on child support exists, so that later you do not pay late fees.
Discharge from obligations
If the repayment of the debt occurs by agreement of the parties, then you can agree on the termination of payment. If alimony is paid for children, then you can be released from the obligation only through the court, and then in the presence of significant circumstances that were absent at the time of the decision to pay the alimony.
Debt collection
This process takes place through the court once. In the event of a change in the marital, material or property status of the parties, a counter statement is submitted to the bailiff. At the court, such a question will be resolved again only if, during the first consideration of the case, the defendant concealed the proceeds from which the amount of the child support debt is calculated, or if the payer has died. In the second case, the rest of the debt will be recovered from its heirs.
The debt on alimony, which can be found out by the methods described below, is calculated by the bailiffs, and is most often repaid by deductions from the debtor's income. Amounts are transferred by the accounting department of the enterprise. But even then, the enforcement officer exercises control over the execution of the decision.
Find out the amount owed on child support
This type of penalty is a duty not only to a minor child, but also to the state. Therefore, all issues relating to the amount of debt should be resolved immediately. Especially for these purposes, several services have been developed:
- Mobile applications for smartphones with the popular OC iPhone, Android, as well as Windows Phone upon request of the FSSP.
- You can find out the child support debt on the website of the same organization. On the main page of the service you need to click on the button "Databank of enforcement proceedings". Next, enter the region of registration, personal data (full name, date of birth) and click "Start". The search takes place separately for individuals and legal entities. As a result, all executive proceedings opened in the selected region will appear on the page. Directly through this page of the site you can pay off the debt by clicking on the "Pay" button.
- On the website "State Services", in the tab "Electronic Government".
- Through the “Databank” posted on the social networks “VKontakte” and “Classmates”.
It is worthwhile to find out the debt on alimony in advance so that later there will be no problems, for example, when traveling abroad. Information may also be interested in:
- second parent raising a child;
- tax authority;
- educational institution in which the child is kept;
- parent's employer
- a banking institution if a loan is used to repay a debt;
- social services before deciding on the issuance of benefits, etc.
Calculation Methods
1. By the value of the subsistence level in the region. The first method is used if deductions are assigned by the court or are carried out by agreement of the parties. In this case, the amount of deductions does not depend on income and is assigned multiple of the cost of living indicator. The bailiff carries out the calculation on a quarterly basis. If at the same time payments are not made, then the basis for calculations is the last value. If the payer fulfills his obligations, then the amount of alimony is simply indexed.
Example
Payment is assigned in the amount of 150% of the minimum wage established since January of the current year. The calculation is carried out on September 30. According to the Federal State Statistics Service, the minimum wage for the III quarter for the region is 6432 rubles. The calculation takes place according to the formula: (1.5 x 6432) x 9 = 86,832 rubles.
2. In terms of average salary in the state. The second method is used if the payer does not have documentary evidence of income or official salary. The same method is applied if the debtor-SP refuses to provide primary financial documentation. Alimony is set as a share of earnings. For the period without accruals, the average salary at the current moment is used. The result is multiplied by the number of months.
Example
The average salary in Russia for the first quarter of 2013 is 27,339.40 rubles. The court has appointed alimony in the amount of 25% of revenues since June 2012, but payments have not been made. The bailiff carries out a calculation in February 2013:
(27339.40 x 0.25) x 8 = 54678.80 rubles.
3. Based on the income of the payer. The third technique is used if the debtor has an official source of funds, but no payments were made. In this case, the bailiff subtracts 13% of personal income tax from the data on the salary level and multiplies the amount by the number of months of delay.
Example
Since March of this year, the employee of the enterprise, the court issued a decision on the payment of alimony in the amount of 1/3 of the salary level. According to the tax service, the employee’s income is 35 thousand rubles. But from March to October, accounting did not make deductions. Debt calculation is carried out in this way:
35,000 - 13% = 30,450 rubles. - salary after paying personal income tax;
30450 \ 3 = 10048.50 rub. - the amount of alimony;
10,048.50 x 7. = 70,339.50 rub. - amount of debt.
Indexing
Since the end of 2011, debt on alimony, which can be found out by the methods described above, is recovered in a solid amount. The size of monthly payments varies depending on the cost of living. For calculations, the growth of the minimum wage established by the subject of the Russian Federation or the Government for a certain calendar period for the corresponding population group is used. In case of debt evasion, the Family Code provides for the liability of the non-payer. It is recovered in the form of a penalty for delay and compensation for losses arising from the debt.
Conclusion
For most Russians, keeping child support causes a lot of problems. Not knowing the exact amount and not being able to contact the collector, it is rather difficult to fulfill obligations. In order to prevent such problems, special services have been developed through which you can pay alimony arrears, find out the amount of debt, even without leaving home. It is easiest to get such information through the FSS website and applications of the same name.