Find out the debt for alimony by last name (step by step instructions). How to find out the debt for alimony from the bailiffs by the last name and first name of the debtor? How to find out your debts

According to statistics, almost thirty percent of alimony payers are not characterized by conscientiousness in relation to their parental obligations. In connection with this circumstance, alimony arrears are a fairly common phenomenon that creates many difficulties for the mother to ensure the maintenance of the child.

The proposed material discusses how to find out alimony arrears using the services of various services, its varieties, liability in relation to non-payers and other related points, in accordance with the requirements of current state regulations.

Types of alimony arrears

Alimony debt is the amount of money that has accumulated due to the production of payments in an incomplete amount or the complete refusal of such obligations by the alimony payer, determined by a writ of execution, a court order or an agreement on the reimbursement of overdue payments, adopted on a voluntary basis.

For your information! According to the FSSP (Federal Bailiff Service), in 2017 the total amount of unpaid funds for maintenance payments exceeded one hundred and twenty billion rubles, at present the situation is far from improving. Therefore, the primary task of state structures responsible for lawmaking and the implementation of regulations regarding strict measures of influence to which alimony debtors should be subjected is to develop effective mechanisms to normalize the situation.

The state must necessarily take into account the interests of all participants in legal relations in terms of alimony obligations, since alimony payers and recipients are equally subject to constitutional rights and freedoms guaranteed to Russian citizens.

In this regard, it is very important to establish exactly why the debt was formed. Distinguish:

  • intentional - if there is a fault of the payer;
  • unintentional - in the absence of intent, due to objective circumstances beyond the control of the alimony.

To determine possible measures of influence in relation to the debtor by an employee of the executive service, the reason why these obligations are not fulfilled should be identified:

  • if the incomplete payment is unintentional, the alimony payer has the right to achieve a reduction in the total amount of the debt by contacting the court, and sometimes completely eliminate the need for a refund;
  • in case of deliberate non-payment of obligations, administrative and even criminal penalties are allowed for the perpetrators.

Intentional child support debt

Deliberate (intentional) debt is characterized by the following factors:

  1. Failure to receive regular deductions (monthly) to the account of the alimony recipient.
  2. Evasion of the payer from contacts with the addressee of payments, bailiffs on the sent subpoena, obliging to appear for the proceedings.
  3. Concealment of earnings and nature of employment.
  4. Changes in the address of residence or place of employment, without notifying the FSSP or the mother of the child.
  5. Providing information with a deliberately low indicator of real income.
  6. Unwillingness to formally find a job.
  7. Not registering with the employment service in order to select a possible employment option, etc.

The presence of the above signs reliably indicate that the defendant intentionally evades the performance of obligations, which makes it possible for the bailiff to apply appropriate measures of influence in order to implement the executive document.

The formation of debt through no fault of the debtor

The formation of unintentional debt can be caused by the following reasons:

  • a serious illness directly of the alimony payer or his immediate family, which caused disability of the first or second group, prolonged hospitalization associated with an expensive operation, treatment, etc.;
  • created by an extreme or difficult life situation - loss or damage to housing as a result of floods, earthquakes, fires, etc.;
  • force majeure - military conflict, etc.;
  • the adverse impact of other people - delayed wages, a mistake by bank employees during a financial transaction, the wrong actions of an accountant at an enterprise who did not make a transfer, etc.

As stated in Art. 114 of the Family Code of the Russian Federation, if alimony debts were not formed through the fault of the alimony, the latter has the right to petition the court to reduce the debt or cancel the need to pay the amount of overdue alimony in full, if documentary evidence of his case is provided.

Amount of child support owed

The amount of maintenance debt is of interest to both parties:

  • payers need to know what measures can be applied to them to collect debts;
  • recipients - how much money can be disposed of if a penalty is collected for late payments or measures are taken to seize the property of the defaulter.

The amount of alimony debt depends on the nature of the debt formation.

When paying alimony under a voluntary notarial agreement

In case of signing a voluntary agreement, drawn up by a notary public and defining the conditions for making payments, if the alimony becomes a defaulter, the amount of the debt is established in accordance with the specified document.

If a debt has arisen that is not refundable under a voluntary agreement, the recoverer must provide the specified contract in the original to the FSSP branch, depending on the place of residence of the alimony payer, in order to initiate enforcement proceedings.

According to Art. 100 UK, in the case of such a document, its legal force corresponds to the writ of execution. In such a situation, there is no need to file a claim with the courts.

In case of enforcement through the court

Art. 81 of the UK determines the amount of alimony as a share of the income of the payer, in the event of his employment. Alimony is kept by the accountant of the enterprise where the payer is employed.

In the event of dismissal, the transfers are terminated and the amount of debt accumulates in the same percentage of the average monthly earnings in the country until the debtor is officially employed (Article 113 of the UK).

If the unemployed payer is registered with the employment service, deductions are made in the specified proportion of the unemployment benefit received.

Another option is to set a fixed amount. In such a situation, alimony must be paid in the prescribed amount, and if the debtor does not transfer the required amount, after the recipient applies to the court, the balance of monthly payments will have to be reimbursed, from which the full amount of the debt is formed.

How to find out the amount of child support owed

The mother of a child can find out the total amount of child support owed in the following ways:

  1. By entering the payer's data, going to the FSSP website. The specified information is provided, taking into account the region, otherwise the data may be missing.
  2. Using the State Services portal to find out the amount of alimony arrears by the name of the ex-husband.
  3. By a personal visit to the bailiff service, depending on the address of the non-payer, by contacting the FSSP employee directly in charge of this case.

Learn more about each of these methods.

By last name on the website of the Federal Bailiff Service

If it is assumed that alimony debt has formed, it is possible to find out the amount by the name of the alimony on the Internet in the database of the regional website of the FSSP. To do this, after entering the portal, you must:

  1. In the "Services" tab, find the subsection with "Data banks on enforcement proceedings".
  2. Use the search function for an individual and enter basic information about the debtor - his last name and initials, date of birth.

The program will offer a password, after which information will be offered in a tabular form with the following data:

  • basic information about the alimony payer (may be specified partially);
  • the number and date of the document of enforcement proceedings that served as the basis for initiating the case;
  • the amount of debt - the required information for the recipient of maintenance payments;
  • information about the FSSP unit, contact information, the name of the employee in charge of the case.

On a single portal of public services - Public services

Another option that allows you to find out alimony debt by last name via the Internet is to view the required information online on the State Services portal.

The procedure is as follows:

  1. Create your own account on this electronic service or go to your own account in case of previous registration using your own login and password.
  2. Enter the subsection with "Electronic Government".
  3. Select a deposit with "Authorities".
  4. In the proposed list of structures, we should focus on the Ministry of Justice, the FSSP.
  5. Refer to the section on providing information on open cases.
  6. Specify the required information and confirm the entry by pressing the button with "Receiving a service".

Note! There are two answers to the question of how to find out the amount of alimony arrears via the Internet by last name - on the regional website of the FSSP or through the State Services portal, completely free of charge.

How to clarify the amount of debt on alimony payments through the bailiff

If the mother of the child wants to contact the bailiff to find out the amount of unpaid alimony, this is done as follows:

  • by a personal visit to the FSSP branch at the residence address of the alimony payer;
  • sending a postal letter with a written application;
  • in telephone mode.

It is necessary to provide documentation confirming the need to transfer alimony and information about the debtor. The last option is the least informative. In the case of sending an application by registered mail, you will have to wait for a response to the appeal, which takes time.

The most effective way to find out the amount of alimony debt is to apply in person. It is necessary to clarify the work schedule of the structure and reception time in advance, make an appointment in advance to avoid queues.

Liability for non-payment of alimony

The legislation provides for various types of liability for, with the following impact:

  • civil law;
  • administrative;
  • criminal.

When considering ways to influence the debtor, it is important to be guided by the following criteria that determine the critical nature of the debt:

  • the amount of the debt exceeding the ten thousandth sum;
  • a period of no transfers - from four months or more.

Civil legal impact

The civil legal field provides for the appointment of a penalty:

  • by decision of the court - half a percent of the amount for each overdue day (Article 115 of the UK);
  • in a different amount, according to the agreement reached on a voluntary basis.

To recover the penalty, the recipient will need to file a separate claim with the judicial authority.

The mother has the right to resort to depriving the father of parental rights to the child, but the latter can achieve reverse adoption in case of repayment of the debt.

Administrative measures

The following administrative measures are applied to debtors, in accordance with Federal Law No. 229, which regulates enforcement proceedings:

  • temporary cancellation of the validity of a driver's license (Article 67.1);
  • the imposition of a ban on leaving the state (Article 67) and the appointment of search activities in relation to the defaulter or his property (Article 65);
  • the application of the attachment of the debtor's property so that the proceeds from its sale go to pay off the debt (Article 80).

In addition to the above, the Code of Administrative Offenses in Art. 5.35.1 stipulates the imposition of penalties up to twenty thousand rubles, involvement in forced labor and even administrative arrest.

Criminal measures

Non-payers of alimony are brought to criminal liability if the formation of debt is of a malicious nature (Article 157 of the Criminal Code of the Russian Federation). This is confirmed by the following features:

  • regular changes of residence addresses in order to evade the transfer of maintenance payments;
  • deliberate underestimation of the actual amount of income;
  • if the parent of the baby is calculated and does not want to officially get a job or register with the employment service;
  • application of search measures to the debtor;
  • exceeding the period of absence of transfers of the nine-month period;
  • ignoring the warning of the FSSP employees about the application of criminal liability measures.

Punishment is determined by the decision of the court. Purpose provided:

  1. Engagement in corrective labor during the year.
  2. Compulsory labor from one hundred twenty to one hundred and eighty hours.
  3. Three months' arrest.
  4. Imprisonment up to twelve months.

The listed measures are appointed only if the need for payment is confirmed by the court proceedings.

What to do if you have child support arrears

If you are in arrears on child support payments, you must follow the established procedure.

How to act as a payer

Current laws provide for the obligatory need to repay overdue maintenance payments by the debtor. But according to Art. 114 of the UK, he has the right to count on indulgence if there are objective reasons that allow him to reduce the amount of the debt or completely exclude its payment. If the payment of the presented debt violates the rights of him or his relatives, he has the right to apply to the court with a counterclaim, attaching the necessary evidence. The possibility of mitigating the terms of repayment of the debt is confirmed by the following documentation:

  • medical conclusions about a serious illness or injury, in connection with which the opportunity to work is excluded;
  • an expert certificate from the medical commission confirming the disability;
  • papers indicating the presence of minor children in another marriage;
  • information confirming the decrease in income and other evidence.

What to do with the recipient

In order to get a refund of child support payments, the recipient must:

  1. Submit an application to the FSSP with a request to open enforcement proceedings, having previously specified the amount of the debt.
  2. After receiving from the bailiff supporting documentation on the opening of enforcement proceedings and other necessary papers, file a claim with the judicial authority to recover the unpaid amount. It is allowed to demand a change in the amount of payment if there are grounds for revision.
  3. The state fee for filing a claim must be paid in advance.

If the court makes a positive decision on the submitted claim, a writ of execution is issued and sent to the FSSP for taking measures to collect the debt.

How to make the bailiff work

It is not always possible for the child's mother to achieve the effective work of an FSSP employee. This happens for the following reasons:

  • the bailiff lacks practical experience;
  • the employee is overworked;
  • a bribe is extorted from the mother, without which the necessary actions are not taken.

In such a situation, it is recommended to contact the employee's management, raising the level of instances in the absence of the desired reaction. When applying to the structures of the second level, it is necessary to send a copy of the complaint to the prosecutor's office in order to initiate an audit for a more effective resolution of the issue.

To facilitate the task of the bailiff, he should provide in writing known information about the father of the child, indicating the address, place of work and other information.

When applying to any authority, the papers must be officially registered at the office with an indication of the incoming number on the copies of the submitted documents remaining with the applicant.

Application to the bailiff for the calculation of the amount owed for alimony

  1. The name of the authority where the application is submitted, indicating the surname and initials of the officer in charge of the case;
  2. Details of executive documentation.
  3. Information about the payer and recipient of alimony.
  4. Statements of the essence of the issue of the nature and timing of the formation of alimony debt.
  5. Enumeration of requirements with reference to the regulations that provide such an opportunity.
  6. List of attached papers.

It is indicated when the application is drawn up, the signature of the applicant is affixed with a mandatory transcript.

Subtleties of enforcement proceedings

The bailiff is charged with the obligation to conduct explanatory work with the debtor about the possible consequences of non-payment of alimony, inviting him with a summons indicating the time of appearance and the reason for the call.

At the same time, measures are being taken to search for the property of the defaulter by sending requests to various authorities:

  • structures that carry out state registration of real estate objects;
  • tax service;
  • police authorities;
  • local representation of the pension fund;
  • traffic police and other organizations.

If there is no information about where the debtor is located, measures are taken to search for him.

Deadline for collection of maintenance debt

According to paragraph 2 of Art. 113 of the UK, the period for collecting debt on alimony payments does not depend on the determined three years of limitation period, if it is proved that the alimony is guilty of creating a debt. Therefore, funds are collected for the entire period of non-payment, even if the child has already reached the age of majority. There is also no statute of limitations. There are cases when maintenance debts were inherited by the successor of the defaulter after the death of the latter, and those who received such an inheritance had to pay off.

Important! Recovery of unpaid alimony is allowed after the child reaches the age of majority.

Collection of debts for the past period

In accordance with Art. 107 of the UK, the return of payments in this situation is allowed if the claimant has provided evidence confirming the absence of a voluntary agreement with the debtor on the return of unpaid money for the maintenance of the child and the presence of attempts to obtain alimony before filing a lawsuit in court.

If it is proved that within the specified period the defendant did not make any transfers of alimony, the debt to be returned appointed by the court is accepted at the rate of no more than a three-year period.

Alimony indexation

If the amount of payments is determined not as a share of income, but as a fixed amount, the latter is subject to indexation in case of an increase in the subsistence minimum due to the growth of inflationary processes. The bailiff service (an employee of this structure conducting the case) is responsible for indexing the maintenance payment.

Recovery of a penalty (fine) through the court

If the father of the child is not, the mother has the right to insist that a penalty be charged, which, as noted above, is half a percent by the number of days of delay. The total amount in terms of the annual period will be one hundred and eighty-two and a half percent. To do this, the claimant must:

  • make sure that the payer does not have good reasons for delaying the repayment of the debt;
  • file a claim with the global judicial body for the recovery of the said fine (Article 29 of the Code of Civil Procedure of the Russian Federation).

How to prepare a statement of claim for the recovery of a penalty for alimony

The form of drawing up this claim is no different from any other similar document. The appeal states:

  1. Instance name.
  2. Information about the plaintiff and defendant.
  3. An indication of the amount of the resulting debt for alimony and the period for which they were to be paid.
  4. Claimant's claims for the appointment of fines with justification of their legality.
  5. List of attached documentation.
  6. Date and personal signature of the applicant.

The mandatory state fee must be paid before submission.

Exemption from debt

As mentioned above, if there are extenuating circumstances due to which the debtor cannot find funds to repay the debt, he has the right to apply for a review of the amount of the debt, up to the complete cancellation of payments or the appointment of installments. But such a requirement must be supported by appropriate documentary justification and determined based on the results of consideration of a separate statement of claim. It is possible to file a counterclaim when considering the need to pay alimony debt. The court will check the submitted justifications and make a decision based on objective circumstances.

Finally

As can be seen from the material presented, the reimbursement of alimony arrears is an obligatory necessity for the father of the child. Therefore, parental responsibilities should not be neglected so as not to force the ex-wife to resort to the support of state bodies to enforce the collection of overdue payments.

If the family broke up, then the parent with whom the children remain has the right to receive money from the former spouse for the maintenance of children living with him.

Some ex-spouses simply agree among themselves, others sign an agreement on payments for the maintenance of children at a notary, but the vast majority of parents left with children are forced to file a claim for alimony in favor of minor children.


Often, payments for children are delayed for reasons beyond the control of the payer, or he is not able to transfer the required amount on time: there is no physical opportunity to do this, or he is in a hard-to-reach place, or there is neither a bank nor a post office nearby, with the help of which the payer alimony could transfer the money.

For such cases, there are several ways to find out about the debt. For example, with bailiffs or in several ways on the Internet.

Since maintenance obligations under the writ of execution are controlled by the bailiff who conducts this enforcement proceedings, the person making payments can contact him at any time.

When contacting such a person, the bailiff is obliged to name the amount of delay, if any, as well as to announce the payment period and responsibility for the late transfer of money.

You can find out the amount from the bailiff in different modes:

  • personally visit the bailiff;
  • make a written request;
  • call the FSSP service;
  • check whether there are overdue maintenance obligations on the websites of the FSSP or State Services;
  • through the application in social networks;
  • use a special program in a mobile phone.

By last name

Currently, the Russian Federation has created a Data Bank of enforcement proceedings (Regulations of the Federal Law "On enforcement proceedings").

Data on all legal entities and individuals who have debts in enforcement proceedings are entered there. Therefore, the question of how to find out alimony arrears by last name is no longer put at the forefront.

As soon as financial obligations to cover the debt are fulfilled, information about the debtor is deleted, or, if the debt is not repaid in full, corrected.

Data on the debtor contain the following information about enforcement proceedings:

  • number and date of initiation of court proceedings;
  • details of the court ruling;
  • a brief note about the subject of execution;
  • the amount of the debt;
  • data of the bailiff who is engaged in production.

Online

There are two ways to view child support arrears:

  1. On the FSSP website.
  2. On the Unified Portal of Public Services.

In the first option, it is enough to go to the fssp.ru website and find the inscription “Data Bank of Enforcement Proceedings” there. By clicking on this inscription, the user is taken to a page with information and a search form. You do not need to register to enter the site.

To find the information you need, just fill in the following information:

  • the region in which enforcement proceedings are open, to do this, go to the tab "Territorial authorities" and select the appropriate names there;
  • the surname and initials of the alleged debtor;
  • date of birth.

After filling out the search request, the payer clicks on the "Search" button and receives a list of debtors with the announced case numbers, an order to open enforcement proceedings, etc.

Based on this information, you can find a record about a particular person. Here you can find out the amount of the debt, and, if necessary, pay it online.

Both payers and recipients can use the search system. One caveat must be taken into account: when searching, you need to select the “Search by individuals” tab, since only individuals can have maintenance obligations.

The second way to find out about maintenance debts via the Internet is to search on the State Services website, which can be accessed at the link www.gosuslugi.ru. The difference from the search on the FSSP portal is that registration is required here.

This is quite simple to do, you only need to enter the first and last name and, to choose from, a mobile phone number or email address. After registering, the user immediately gets into his personal account.

To find out about the problem online, on the main page of the site we find the “Authorities” tab, then select and mark the Federal Bailiff Service, then from the list of services select “Providing information on ongoing proceedings”.

In social networks

You can also find out the amount of the debt on the writ of execution in such popular social networks as Odnoklassniki and Vkontakte, you just need to download the Database of Alimony Enforcement Proceedings application and subscribe to regular updates.

By subscribing to updates, the user will receive information such as:

  • notification if there is a debt for alimony;
  • data on changes in debt, such as an increase or decrease in partial repayment or a notice of full repayment of debt obligations;

This method of obtaining information is the best option for parents who do not remember the last time they paid money or viewed the Data Bank, or generally forget to check their debts.

How is alimony arrears calculated by bailiffs

If a citizen has obligations under a writ of execution, but does not know how and how much he should pay, it is necessary to check the alimony debts with the bailiffs and find out how the amounts of payments for his enforcement proceedings will be calculated.

There are three types of calculation:

  1. By the subsistence level in the region.
  2. Based on the amount of the debtor's income from alimony.
  3. In accordance with the minimum wage (SMIC) in the country.

The first calculation method is applied if the payer has no official income. The amount of payments is calculated in proportion to the subsistence minimum (PM) for the region, a multiple of this minimum specified in the writ of execution. When changing the PM, the amount of maintenance obligations is recalculated

The second method is used if the debtor works officially and it is possible to trace his income or salary. According to the provisions, 25% is paid for one child, 33% for two children, and 50% of the payer's income for three or more children.

If the non-payer works, but is not officially registered at work and there is no way to find out the size of his salary, then the third method is used when calculating payments, based on the minimum wage indicator.

For the calculation, the average salary for the region is used, then the calculation goes according to the second method, in shares of the average salary.

How to pay the debt on alimony to bailiffs

The debt collection process consists of the following steps:

In any case, the bailiffs will force the debtor to pay the entire debt, so it would be more correct to find out the amount yourself and voluntarily pay it off by transferring it to the recipient's account, by postal order, or in any other way, while necessarily indicating that the money goes to pay off the debt.

The FSSP website shows all the ways to pay the debt

Liability for non-payment

If a citizen evades payments under a writ of execution, then three types of liability may arise for him:

  1. Civil. Payment of a penalty for late payment, it is 0.5% of the debt amount for each day of delay in payments, while it is charged only if the delay occurred due to the fault of the payer.
  2. Administrative. Fine, seizure of property or bank accounts, deprivation of a driver's license, ban on leaving the country.
  3. Criminal. In the presence of malicious evasion from the payment of alimony in accordance with Art. there is a criminal article. There are several options for punishment: corrective or forced labor for up to one year, arrest for up to three months, or, in the case of particularly unyielding debtors, imprisonment for up to one year.

Therefore, if the court has already ruled on the recovery, then it is better not to accumulate alimony debt, but by any means find out your debt and try to pay it off as soon as possible, because in any case, the FSSP will find a way to collect them.

Can alimony be written off?

There are cases when a debtor cannot pay child benefits for good reasons, a complete list of reasons why a debtor can be exempted from payment of a writ of execution is indicated in Art. .

In any case, whether the debtor has the ability to pay the required amounts at the present time or not, it would be useful to find out the alimony arrears from the bailiffs so that over time, when the financial situation or health of the debtor improves, the amount of accumulated debt does not become a blow to him.

Conclusion

A huge number of payers on a writ of execution, not knowing the exact amount of the debt, not being able to talk with the alimony collector, have a lot of problems with fulfilling their obligations.

At the same time, for a number of reasons, not all alimony debtors can visit the FSSP. Therefore, services were developed through which, even without leaving your home, you can find out the amount of debt and pay off the debt.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.

Good afternoon, dear reader.

As you know, not all motorists pay fines and transport tax on time. And many people have questions, what will happen if you do not pay the fine for a long time? Will this result in a new fine or other penalties?

Today we will talk about the bailiff service and about existing methods of dealing with debtors.

How long does it take for the fine to be handed over to the bailiffs?

On the next page, enter the verification code and then you will receive all the information on your debt. If there are no debts, then this will also be written.

How to pay a debt to bailiffs?

Paying the debt to bailiffs is also a simple procedure. You can take the details and the amount of debt in the bailiff service and pay off the debt at the nearest bank.

You can also pay your debt through the Internet. If you have displayed unpaid fines in the previous paragraph, then you probably noticed that next to each fine there is a Pay button.

There are a lot of payment methods. This is payment by card, Webmoney, Qiwi, from a mobile phone account. Please note that a transaction fee may be charged. In addition, the service allows you to generate a receipt for payment. It can be printed and paid at the bank.

Be careful when paying debts online. Check all your data, otherwise you can pay the debts of your namesake.

How do bailiffs collect debts?

The measures that a bailiff can take are described in the Federal Law "". There are a lot of these measures, so I will list only a few that cause the greatest interest of debtors.

First of all, the FSSP employee offers to voluntarily pay off the debt within 5 days. If the driver meets the specified time, he will not have to pay the performance fee:

Also, the bailiff can collect a fine from the debtor's salary. If you work officially, then it will not be difficult for bailiffs to find you and collect a debt through a bank or superiors. Also, bailiffs can recover a person’s property, money and securities. In particular, the bailiff can evict a person from a residential area. But, of course, these are already extreme measures, the amount of debt and the period of non-payment in this case reach large values.

During the holiday season, many debtors think about whether they can be banned from traveling abroad because of debts. In fact, bailiffs can do just that.

Restriction on travel abroad

The bailiff has the right to use such a measure of punishment as restriction of the debtor to travel abroad. In fact, this is a very effective measure. Agree, a person will not be very pleased if he is deployed at customs and the paid tour is lost. In this case, the travel agency will not return the money for the ticket, because the trip was canceled due to the fault of the tourist.

Previously, the law did not say anything about the amount of the fine, after which the bailiff may impose a restriction on non-departure. And there were cases when people were not released because of a minimum fine of one hundred or three hundred rubles. A person might not even be aware that he was behind non-payment. And he learned this unpleasant news only at the airport, realizing that you can say goodbye to vacation.

Now the situation has improved. According to paragraph 1 of Article 67 of the Law "On Enforcement Proceedings":

Article 67

1. If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the executive document, the amount of debt for which exceeds ten thousand rubles, or a non-property executive document issued on the basis of a judicial act or being a judicial act, the bailiff has the right, at the request of the recoverer or on his own initiative, to issue a decision on a temporary restriction on the debtor's departure from the Russian Federation.

Those. You may not be allowed to go abroad only if the amount of debt exceeds 10,000 rubles. If your fines are less in total, then you can safely go on vacation.

Now another important question. How long after payment bailiffs lift the ban on traveling abroad? In fact, you need to take care of your debts at least a month before the trip. Approximately this period is required for the lifting of restrictions.

To be sure, after payment, it is better to visit the bailiff and show him the payment receipts. The bailiff needs time to lift the travel restriction. This is not the fastest procedure. But a month should be enough. Perhaps in the future, terminals will appear at airports through which it will be possible to pay debts and immediately go on vacation. So far, no such devices have been seen.

Suspension of driving license

In addition to restricting travel abroad, bailiffs from January 15, 2016 can also. This penalty is imposed only if there is a debt exceeding 10,000 rubles. At the same time, the ban on driving vehicles is valid until the driver repays the debt to the bailiffs.

Now you know how to check your debts with bailiffs and how to pay them. I advise you to pay your fines on time and not bring the case to exacting measures on the part of the bailiffs. Then you will save your savings, and nothing will threaten your vacation.

Good luck on the roads!

Read all comments

If I understood correctly, the apartment is in common shared ownership and the rent was charged to the owners in proportion to their shares?

If you did not actually live in the apartment, then you must provide the management company with confirmation of this fact - for example, a certificate that you were registered at a different address at that time. In this case, you must return for utility resources (water, gas, electricity),

for everything else (heat, maintenance, repairs) you have to pay.

Alas, such is the bitter fate of the owner. Sell ​​your share and you don't have to pay anything.

It is better to check the details and subtleties with a housing law lawyer, but it is very confusing.

There are some time limits. I'm afraid to make a mistake, but they seem to return in half a year.

Svetlana:

1. In this case, you should contact the bailiffs to whom the money was transferred. They must refund the payment.

2. Bailiffs may withhold debts from pensions, but not more than half of the pension. They should not withdraw money for the current debt, because he is redeemed. They can withdraw money for future debts for the same apartment. You can sell or donate the specified part of the apartment, then future debts will not be related to you.

Good luck on the roads!

Hello,

I owe 100 thousand for the transport tax, but there is nothing on the site of the bailiffs. Will they let me out of the country? Thanks!

Irina, Hello.

It is better to call the bailiffs and find out if there are any restrictions imposed on you.

Good luck on the roads!

Kristina3333333

Hello! On the portal "Gosuslugi" I received a notice of a judicial debt. The bailiff is located in the Altai Territory, Barnaul, but I am registered at the place of residence in the Perm Territory, the birthplace of the Bashkir Autonomous Soviet Socialist Republic. I have never been to the Altai Territory. I have never had and never have any debts. As I understand it, the problem here is that there is a complete match of the full name and date of birth. How do I know if this notice was sent to me by mistake or if I really have a legal debt?

Kristina, Hello.

In this case, you need to contact the bailiffs involved in this case. The easiest thing to do would be to call.

Most likely there is a mistake, but the bailiffs need to report it. Otherwise, they can "get" to your accounts, cards, etc.

Good luck on the roads!

Shayirgul

Moscow, m.Konkovo

Hello! I paid off the loan and after 3 days they called from the bank and said that the money had not arrived. I went to the bank to find out where the money went. They said I can't pay the loan until I pay the fine. Printed out an act of recovery for unpaid fines. At the moment, I have in my hands the IP number and the amount that was detained for debts. Please tell me what should I do now? Where should I go? I checked with the bailiffs hanging this fine. If I pay, which delayed money will be returned to pay off the loan or not? Thank you in advance!

Shayirgul, Hello.

Why did the bailiffs get the fine? And what is it for?

Shayirgul

Maxim Good afternoon!

"Act on the case of an administrative offense from the State Treasury Institution of Moscow Administrator of the Moscow parking space." This is the paper they printed for me. I have a car that I rent. The driver did not pay the fine on time and did not warn me that there was a large amount of the fine (8500r). Yesterday I paid all the fines except for 2499 and 2500 which hangs with the bailiffs. Since this is hanging with the bailiffs and detained for debt, I cannot decide this, or rather, how to pay and close the arrest. Thanks to!

Shayirgul, in this case, first of all, it is necessary to resolve the issue with the bailiffs.

If possible, visit the bailiff unit in person and pay the fines from them. After that, immediately ask to remove the arrest from the account associated with the loan. This will speed up the process.

Good luck on the roads!

Shayirgul

Maxim, thank you!!!

What address can I contact? I live in the Konkovo ​​metro station in Moscow.

How will the result be written in the comments.

In this case, you need to find out which bailiff is handling your case. To do this, enter your data on the site of bailiffs and click the "Find" button. After that, a sign will appear on the screen, in the last column of which the bailiff dealing with your case will be indicated. His phone number will also be listed there. You need to call the specified phone number and either find out the coordinates of the site, or resolve the issue directly by phone.

Good luck on the roads!

Shayirgul

I found the coordinates and could not get through I'll try again

Vasily-66

Good day! I missed the deadline for paying the fine, overdue by almost 90 days. During this time, as I understand it, the fine went to the bailiffs, of course, I found out late about this. I paid on the Internet, like the check came and everything is OK, and it even reached the bailiffs. BUT only now I realized, what document is important for the bailiffs? Payment or receipt?

Basil, Hello.

What exactly do you want to achieve from bailiffs?

Andrey-341

Hello! Can debts in enforcement proceedings cause a denial of employment under a contract?

Andrey, Hello.

Federal Law "On military duty and military service", article 33:

A military service contract cannot be concluded with citizens who have been convicted and sentenced, who are under investigation or preliminary investigation or whose criminal case has been brought to court, with citizens who have an unexpunged or outstanding conviction for the commission of a crime, serving a sentence of imprisonment, as well as with citizens subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, until the expiration of the period during which the person is considered subjected to administrative punishment. A contract cannot be concluded with citizens who have been deprived for a certain period of time by a court decision that has entered into legal force of the right to occupy military positions during the specified period.

Debts are not discussed in this law, so they should not be the reason for refusal.

Good luck on the roads!

maxim-149

I can’t find myself in the database of enforcement proceedings regarding alimony debt

Hello

Due to a tax mistake, I have grown a large debt

For a whole year we proved to the tax authorities that we had no debts, and the bailiffs' claim grew and grew

My car was arrested, my pension was deducted by 50% and I live on 4000 rubles a month, I can’t even get a job

In the end, the tax authorities agreed to withdraw the claim, although 7 days have passed and the claim is still hanging

Well, I hope the claim will be withdrawn, but who will return my pension?

Hello.

why did the fine received in the Nizhny Novgorod region go to the bailiffs in the Odintsovo district, although I am registered and live in Lyubertsy?

to go with a child to the Odintsovo district, to find out why money was debited from my account without the slightest warning (I did not receive any letters about enforcement proceedings, therefore I could not take any measures) for a fine paid a few months ago, I do not have the opportunity. and it is absolutely impossible to get through to that department, their phones simply do not answer ..

Dmitry-354

Hello Dear Lawyers! Please tell me what to do?

Situation: A fine was imposed in November 2016 by the traffic police in the amount of 30,000 rubles. paid ON TIME, but the court did not take the receipt right away. bailiff. In December 2017, the court the bailiff put Orestes on the card, after I went to the bailiff I gave the receipt, Orestes was removed. In February 2018, I received a salary (pay slip) in which 23,000 rubles were withheld from me for the same fine. How to return money? And stop the proceedings against me by the Bailiff? Thanks in advance.

Love, Hello.

In this case, you need to contact the bailiffs for the return of illegally seized funds.

Good luck on the roads!

Dmitriy, Hello.

In this case, you need to contact the bailiff who deals with the specified case. First, he must terminate the proceedings. Secondly, he will tell you where to write an application for a refund.

Good luck on the roads!

Konstantin-75

Hello. I can’t understand how there are only 3 fines left, two for 2015 and one for 2016 ... the bailiffs have nothing on me. Well, there are no restrictions on leaving the Russian Federation. Where did everything go? So I can safely take a ticket abroad?

Konstantin, Hello.

As I understand it, you have previously violated the rules and did not pay fines for these violations. Now the fines are gone. It is quite possible that fines "are found" also unexpectedly. Immediately after this, a travel restriction may be imposed. Whether this will happen or not, I don't know.

Good luck on the roads!

valentine

I recently checked my fines on the traffic police website and found that I have a tax debt for 2016 in the amount of 4 thousand, for which I did not know. (I did not receive any notifications) And then I found out that there is a statute of limitations for traffic police fines 2 years. It's been over 2 years now. Now I can not pay a fine?

valentine, tax arrears or fines?

If on fines, then name the exact dates of the issuance of decisions.

Anastasia-71

Hello! There is property tax debt. If you pay it off, will the bailiffs' debt also disappear, or are these two different cases?

Bailiffs owe twice the tax

Anastasia, Hello.

If we are talking about the same tax for the same period, then you need to pay it only 1 time. Why different amounts are indicated in different places I do not know. Contact your tax office for advice on this.

Good luck on the roads!

Hello. According to the new law, which was signed by VV Putin in September 2017, they are released abroad if the debt is not more than 30 thousand, and not 10 thousand rubles as before? When applying for a foreign passport, a debt of 15,000 rubles can affect its issuance and refusal to issue it?

2. The presence of debts does not affect the issuance of a passport.

Good luck on the roads!

What is the statute of limitations for administrative fines for ticketless travel in public transport in Moscow? And on the basis of what acts the term is exactly this?

Irina, Hello.

The limitation period under the Administrative Code of Moscow is 2 years, it coincides with the limitation period under the Administrative Code of the Russian Federation. This is stated in article 16.4 of the Administrative Code of Moscow.

Good luck on the roads!

Bailiffs in debt?

Name of the debtor's enterprise *
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Bailiffs in debt?

Free consultation on fines, debts, loans, alimony

Bailiffs in debt?

Free consultation on fines, debts, loans, alimony

Executive document number *
Region * Territorial bodies Altai Territory Amur Region Arkhangelsk Region and Nenets Autonomous Okrug Astrakhan Region Belgorod Region Bryansk Region Vladimir Region Volgograd Region Vologda Region Voronezh Region Trans-Baikal Territory Ivanovo Region Irkutsk Region Kabardino-Balkaria Kaliningrad Region Kaluga Region Kamchatka Territory Karachay-Cherkessia Kemerovo Region Kirov Region Kostroma Region Krasnodar Territory Krasnoyarsk Territory Kurgan Region Kursk Region Leningrad Region Lipetsk Region Magadan Region Moscow Moscow Region Murmansk Region Nizhny Novgorod Region Novgorod Region Novosibirsk Region Omsk Region Orenburg Region Orel Region Penza Region Perm Territory Primorsky Territory Pskov Region Republic of Adygea Republic of Altai Republic of Bashkortostan Republic of Buryatia Republic of Dagestan Republic Ingushetia Republic of Kal Mykia Republic of Karelia Republic of Komi Republic of Crimea Republic of Mari El Republic of Mordovia Republic of Sakha (Yakutia) Republic of Tatarstan Republic of Tyva Republic of Khakassia Rostov Region Ryazan Region Samara Region St. Petersburg Saratov Region Sakhalin Region Sverdlovsk Region Sevastopol North Ossetia-Alania Smolensk Region Stavropol Territory Tambov Region Tverskaya region Tomsk region Tula region Tyumen region Udmurt Republic Ulyanovsk region Department for the execution of particularly important enforcement proceedings Khabarovsk Territory and Jewish Autonomous Region Khanty-Mansi Autonomous Region Chelyabinsk Region Chechen Republic Chuvash Republic - Chuvashia Chukotka Autonomous District Yamalo-Nenets Autonomous Region Yaroslavl Region All regions
Executive document type Type of writ of execution - Writ of execution Notarized agreement on the payment of alimony Act in the case of an administrative offense Court order Act of the body exercising control functions Certification of the labor dispute commission Request from the central authority to search for a child Ruling on a court order Executive document of a court of a foreign state Act on the case of a traffic accident of another body of a foreign state Certificate issued by the Commissioner for the Rights of Consumers of Financial Services Judge's decision to seize property
Name of the body that issued the executive document:

Bailiffs in debt?

Free consultation on fines, debts, loans, alimony


The fields are required.

The search for a debt for IP (enforcement proceedings) must be filled in the format n..n/yy/ddddd-ip or n..n/yy/dd/rr.

To search for a debt by ID (executive document), you need to fill in all the fields with * .



Loan arrears or untimely repayment of a debt to a neighbor, refusal of payments in favor of the maintenance of a child after a divorce, or an ignored traffic police fine - any of these actions can have such an unpleasant consequence as a court and the obligation to repay the debt arising from it. In this case, bailiffs are already taking up the case, which threatens the debtor with a lot of problems.

It does not matter what kind of debt caused the initiation of legal proceedings. It can be:

    Alimony,

    Bank loan debt

    Debt to housing and communal services,

    tax debts,

    Penalties for administrative offenses (including through the traffic police),

    Property claims of third parties (if there is a receipt), etc.

If you were sued with a demand to collect a debt and won the case, then the recoverer has a writ of execution in his hands, which he can at any time transfer to the bailiffs along with an application and petition for seizing property or imposing restrictions designed to induce the debtor to repay the debt .

On the basis of an application and a writ of execution (IL), enforcement proceedings are initiated. A copy of the writ of execution is sent to the debtor by bailiffs. You can find out the debt just from it - the document indicates both the amount and the repayment period, and even the details for payment.

From the moment the debtor has received IL, the countdown begins for paying the debt without imposing sanctions in the form of a performance fee.

In most cases, the debtor knows or suspects that enforcement proceedings have been initiated against him. And if he doesn’t know, he can always look at the debt via the Internet - how to do this, we will describe in detail in this article.

Why is debt dangerous?

Debts transferred to the hands of bailiffs are something that should be got rid of as soon as possible. There are several reasons for this:

    If the debt is not repaid within the time allotted by law (no more than 5 working days), then you will have to pay a performance fee (its amount is 7% of the amount recovered from the debtor or the same amount of the value of the property recovered, but not less than 1000 rubles for individuals and individual entrepreneurs for property claims and 5,000 rubles for non-property claims.For legal entities, the minimum amount of a fine for late repayment of a debt under a writ of execution is 5,000 and 50,000 rubles, respectively).

    With open debts, bailiffs may be subject to restrictions on traveling abroad and issuing a passport.

    You can lose your car and other property,

    Bailiffs have the right to block bank accounts and apply to the place of work of the debtor so that the employer pays half of the debtor's salary directly to the claimant to pay off the debt,

    Bailiffs can temporarily revoke a driver's license.

If you do not know for sure whether you were the subject of a trial, you can at any time find a debt to bailiffs via the Internet. This is a completely legal procedure that is encouraged by the FSSP - this way people get the opportunity to be aware of any of their debts, even if for some reason they are not sure whether there was a court proceeding and what kind of decision was made on it.

Since information about the debt is published in the public domain, it is not at all necessary to go to the website of the bailiffs. You can find out the debt much easier - just fill in the required fields on this page of our website.

How can I find out the debt

Anyone who has access to the Internet can find out about their debts today in a matter of minutes. Debts with bailiffs can be checked in different ways, the easiest of which is through the form on our website.

Since the debtors of the bailiffs can be namesakes and even full namesakes (there are cases when not only the last names, but also the first name and patronymic match), you can use the region of residence to clarify the data.

If, nevertheless, an error occurs due to the complete coincidence of the data, the FSSP urges the affected person to contact any unit and provide documents - SNILS, TIN, etc. - for additional identification and troubleshooting.

How to find out your debt via the Internet from bailiffs? We list the most popular options:

    Through our website (we receive data directly from the FSSP database),

    Through the FSSP website (service on the page http://fssprus.ru/),

    Through the FSSP mobile application,

    Through public services.

These are the simplest options that do not require much time and effort. One of these methods is quite enough to get the primary information. If a debt is found and you want to clarify where it came from and how to pay it off, you will have to contact the FSSP unit located in your locality. There you will be given a receipt on which you can pay off the debt.

Check debt by last name and first name

To find out about your debts, you do not need to go anywhere, call or send written requests.

We offer to find out about the debt of bailiffs by name and surname - the fastest and easiest way to get an answer to the question of whether you have debts. This possibility should not be neglected - for example, the accumulated taxes on property (for example, a summer cottage or garage left as an inheritance), fines for traffic violations, etc. often come as a surprise to citizens. Errors often occur when some body, for example, the Tax Service, forgets to take into account the benefit - and the tax is charged in conditions when it should not be charged.

To prevent this from becoming an unpleasant surprise, you can contact the FSSP and find out the debt by last name. Or you can fill out the form that you see on this page and get official data from the bailiff service.

To check legal entities, you need to enter the name of the debtor enterprise and the region.

To check the IP, you will need the number of the enforcement proceedings (or the full name of the IP).

If you have a writ of execution in your hands, you can enter its number in the field, indicating also the territorial location of the debtor and the type of writ of execution. As additional information, you can specify the name of the body that issued the executive document.

Check debt by TIN

Checking the debt for taxes and fees is also carried out by TIN - this number is unique and is not duplicated. So, you will definitely be shown exactly your debts, and not the namesake.

You can carry out this check on the website of the Tax Service - through your personal account. You must log in through the State Services Portal. The service will request the following data:

    Access to TIN number,

    Personal data (name, address of residence and registration, date of birth).

By agreeing, you will be taken to the page of your personal account. If the debt system does not detect it, it will display the text "You have no unpaid taxes and debts." If there are debts, you will find out their exact amount and origin (for movable or immovable property, etc.).

Check enforcement debt

If enforcement proceedings have been initiated against you, then your name will be listed in the database of enforcement proceedings of the FSSP. It is not difficult to check such a debt with bailiffs - on the page http://fssprus.ru/iss/IP you can choose to search both by the number of the enforcement case (if you know it), and by the IP number, the name of the debtor enterprise (for legal entities), or full name and date of birth of an individual.

The search through our website works similarly - enter the data in the fields on this page, and information about the presence of debt or its absence will be displayed immediately.

Check debt by company name

Not only individuals or individual entrepreneurs can check whether bailiffs have debts. If enforcement proceedings were initiated against a legal entity, then the data on this will also fall into the database of bailiffs.

To search, you need to specify:

    Location of the organization.

    Its name (name).

    Enterprise address.

Where can I pay my debt online?

Finding out the debt from the bailiffs is half the battle. In the event that its presence does not cause you any questions, you must immediately pay for it in order to avoid unpleasant consequences.

You can pay in different ways - through a bank, post office, ATM. But the most convenient and fastest is online. However, we recommend using only reliable and proven services in order not to fall for scammers.

Official website of the FSSP

The safest option is to make a payment on the bailiffs' website. If a debt is found through the Enforcement Data Bank, the system will offer you to pay it off online (or print a receipt and go to the bank with it).

As an online repayment method, you can choose one of the following payment systems:

    Promsvyazbank (commission may apply),

    Tinkoff (no commission),

    Robokassa (commission may apply)

    Kiwi (no commission),

    WebMoney and YandexMoney (commission may apply).

You can also pay the debt with a commission through the following systems:

    RFI Bank,

    state payment,

    Payment for public services of the Republic of Uzbekistan,

    simple payment systems,

  • Systems City,

    Roskomsnabbank.

If you install the FSSP application on your smartphone, you can pay through it.

Also on the website of the bailiffs it is proposed to use the Sberbank service to pay off the debt. Online" (you must select the "FSSP of Russia" tab in your personal account). The method is suitable for bank customers.

Through public services

Log in to the Government Services website. Select "Payment" from the top menu.

The system will offer to pay:

    car fines,

    legal debt,

    Debt on taxes or utilities.

The program will show if you have outstanding debts in the specified categories.

You can also pay for a paper receipt - for this you need to specify the code (aka UIN or document index). Look for it under the barcode on the receipt.

What to do if the debt is paid off, but the debt hangs

The FSSP website states that if the debt is repaid, the data on it will be deleted from the Data Bank within 3-7 days - this is the period necessary for the money to be credited to the deposit account of the bailiffs, and from there transferred to the claimant.

The system will also change the amount of the debt if it has been partially repaid.

After making the payment, be sure to print the receipt. If the allotted time has passed, and the debt is still hanging, you can contact the bailiff unit and find out if the money has been received. The receipt in this case will serve as confirmation of your words that the debt has been fully repaid.

According to statistics, only two-thirds of the Russians on whom they are assigned can boast of conscientious fulfillment of maintenance obligations. The rest either pay maintenance for children irregularly, or evade this obligation altogether. In the second case, the shortfall in the receipt by the children of the funds laid down by law remains on the conscience of would-be fathers.

But there are also cases when alimony payments are delayed due to circumstances beyond the control of the payer, or he does not have the opportunity to send the amount specified in the court decision on the same day. For such citizens, the state has provided a number of ways to find out alimony arrears, so that the lack of information on this issue is not a reason for shirking payments.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Exists State Data Bank of Enforcement Proceedings, which records and constantly updates information on all subjects of enforcement proceedings in the country. It functions in accordance with the provisions of paragraph 3 of Art. 6.1. Federal Law "On Enforcement Proceedings".

The Data Bank of Enforcement Proceedings receives information about both individuals and legal entities. It can be considered a kind of "board of shame" for those who evade the executive duties imposed by the court - both alimony and any other.

When the debt is fully covered, the record about the payer is deleted from the Data Bank or corrected (in case the debt is not fully repaid). Information that does not correspond to reality does not fall into it - the record about the debtor contains brief information about the enforcement proceedings, as a result of which financial obligations were assigned:

  • number and date of initiation of the court case;
  • details of the court order;
  • subject of execution (briefly);
  • the amount of debt;
  • the name of the bailiff and the name of the department.

Access to the Data Bank of enforcement proceedings is carried out in two ways:

  • through the official website of the Federal Bailiff Service (FSPP);
  • through the Unified Portal of Public Services (EPGU).

The address of the official website of the FSPP is fssprus.ru. To search for information, registration is not required - just go to the main page of the site and enter data for the search. The search is carried out according to the following parameters:

  • the region in which the enforcement proceedings were carried out (territorial authorities);
  • surname of the debtor;
  • patronymic;
  • Date of Birth.

The last two parameters are optional for entering into the search form, but knowing them greatly simplifies the search in the Data Bank. After pressing the button "Find" a list of results based on the entered data is displayed. According to him, focusing on the case number, details of the court order, etc. you should look for a record of the debtor.

In one of the fields, you can view the current amount of the debt, and in some cases even pay it directly through the Data Bank (if the bank where the alimony recipient has an account supports certain online payment services).

When searching for child support debt, you must not forget to select the tab "Search by individuals", since legal entities cannot, of course, pay alimony.

Unified portal of public services

To find out the alimony debt through EPGU (www.gosuslugi.ru), you need register on this portal. The procedure is elementary - you need to enter only the first name, last name and email address or mobile phone number (optional). After registration, the user moves to a personal account.

Next, through the main page, you need to go to the link called "Government". From the entire list of organs, one should single out Federal bailiff service. The site will display a list of services provided by the department, from which you need to select the tab "Provision of information on ongoing production".

Further, the mechanism is the same as when searching through the FSPP - enter payer details, but in addition, you need to specify a username and password in EPGU. Searching the Data Bank through the FSPP and EPGU is completely free.

Online applications in social networks

Active users of social networks can find out the amount of debt even through Odnoklassniki and In contact with. Both social networks download the application "Data Bank of Enforcement Proceedings", through which you can subscribe to a regular update of information about the amount of alimony arrears.

With the app, you can get:

  1. notices of the accrual of another debt;
  2. notifications of changes in the current debt (with full or partial repayment of the amount).

Alimony arrears calculation mechanism

Alimony payments arrears are calculated based on the provisions of Art. 102 FZ "On Enforcement Proceedings" and Art. 113 of the RF IC "Determination of alimony debt". Exists three types of calculation, each of which is determined by the nature of cash deductions:

  • by the cost of living;
  • based on the income of the executor of maintenance obligations;
  • based on the indicator of the minimum wage (minimum wage) in the state.

According to the cost of living

The first method is applied when the alimony payer has . The basis for the calculation is the subsistence minimum (PM) for the region. The amount of the payment is indicated in the court decision as a multiple of the subsistence minimum - for example, 0.75 PM.

Since the cost of living changes quarterly, the debt is recalculated in accordance with its indicators. If payments have not been made, for example, for six months, then the indicator for the last quarter is used in the formula for calculating the debt.

Example: Since February 2015, a resident of the Perm region, a citizen of K., has been assigned monthly maintenance obligations in the form of a payment of 0.75 of the subsistence minimum by the decision of the district court. The citizen did not transfer alimony even once, as a result of which, by July, a debt had formed:

0.75 (payout index) x 8730 rubles (living wage in the Perm region) x 6 (number of months) = 39,285 rubles.

The second method is used in the presence of official sources of income. The share of income that is the amount of maintenance payments, determined by a court order or signed by the payer and the recipient. According to the provisions of Art. 81 of the RF IC, the amount of alimony is calculated in shares:

  • on - up to 1/4 of income;
  • on - up to 1/3 of income;
  • for 3 or more children - up to 1/2 of income.

When calculating the debt, a 13% deduction is taken into account - personal income tax (PIT).

Example: Citizen M. is obliged to pay monthly alimony for the maintenance of two children in the amount of 1/3 of the documented monthly income, which is 45,000 rubles. The debt period is 6 months.

First, the amount is calculated on the basis of which the debt is calculated: 45,000 - 13% \u003d 39,150 rubles.
1/3 x 39 150 x 6 \u003d 78 300 rubles.

Based on the minimum wage

The third method is used in cases where the alimony payer works unofficially. Based on the average salary in the region and the statutory share of earnings.

Example: Citizen Y. has a permanent place of work, but does not want to provide information about his salary. The debt period is 11 months, while the citizen is obliged to pay maintenance for three children:

1/2 x 36,000 (average salary in the region) x 11 = 198,000 rubles.

Ignoring maintenance obligations 2 types of responsibility:

  • Civil Law, which consists in the calculation of penalties for each overdue day of payment. The penalty is 0.5% of the total debt.
  • Criminal, according to the provisions of art. 157 of the Criminal Code of the Russian Federation, which provides for the application of the following measures to non-payers:
    1. arrest for up to 3 months;
    2. appointment of compulsory works for up to 180 hours;
    3. appointment of corrective labor for up to 12 months.

Criminal liability is assigned if the person performing maintenance duties is qualified as a malicious non-payer.

Qualifying signs of "malice" can be the following factors:

  • the payer is wanted for reasons of evading maintenance obligations;
  • has not paid child support for more than 4 months;
  • hides real income.

Malicious evasion of maintenance obligations can become.

Plus, due to the large number of alimony debts, liability can be even tougher. About this video:

Possibility of exemption from maintenance debt

There are also factors that allow the debtor to petition the court for the full or partial cancellation of alimony arrears. These may become alimony's illness or extremely difficult financial situation. The full list of reasons is given in Art. 114 RF IC.

At the same time, the debtor is obliged to provide sufficient and convincing evidence of his impossibility to fulfill maintenance obligations: medical certificates, acts of representatives of authorized bodies, etc.