If they do not pay child support: what to do? Tipsa lawyer to those whom the former husband does not pay and does not wish to payalimony

Вт, 14 июн 2016 Автор: Анатолий Мальков

Often in women living in an official or unregistered
marriage, there are problems when she wants to part with
a man

He does not want to help a woman to keep her own
minor children.

The article addresses the question of how to make
man to do it.

If in the column on fatherhood a person is listed as a father, he must
pay, for this you do not even have to dissolve the marriage.

Step one

Try to talk to him about the voluntary payment of alimony,
concluding a maintenance agreement, which must be certified by a notary.
In it you need to specify the size and method of transferring money, the validity period
agreements and reasons for its termination. Do not be afraid that it does not
will be executed you can refer to the bailiff about his
forced execution.

If the defendant cannot make cash payments due to severe
illness, loss of job, you need to figure out when he decides his
problems and will begin to pay the resulting debt on
alimony.

Step two

Если мужчина принципиально не хочет платить alimony в силу
selfishness and irresponsibility, rejects all your suggestions about
paying them voluntarily, you will have to go to court to initiate
production of non-payment of alimony.

Order production can be simplified (judge
considers the case alone) without calling the parties. It will happen,
when the judge knows the place of work and the income of the father. Mother baby
issued a court order for the recovery of alimony from the defendant.

The lawsuit involves calling the plaintiff, the defendant
to consider the circumstances of the case. This is necessary if necessary
collect debts on alimony or determine the way
accrual of amount (share of income, fixed amount). Most
women prefer to receive shares from income: 25% ─ one child
33% ─ two children, 50% ─ three or more children.

Если истец долгое время не платил alimony, вследствие чего
a large debt arises, then the withholding of wages
fees can be up to 70%. Statute of limitations for payment
alimony is 3 years, it is during this period that there will be
accrued cash amount.

Step Three

After the court ruling, the husband continues
платить alimony. This can happen if it is private.
entrepreneur or does not have a permanent job and his income
difficult to track down.

Help to track the income of the defendant will help bailiffs.
Refer to them, the reason for this is the adoption of the court
a decision to recover money from the defendant (judicial
order) or a notarized agreement with the child’s father
voluntary payment of money.

Duties of the bailiff:

• Establish an unofficial source of income.

• Identify bank accounts.

• Describe the property of the debtor.

Если бывший муж не платит alimony, как взыскать их с
unemployed men

The family code of the Russian Federation (art. 80) states that parents should
платить alimony независимо от трудового статуса.

If the husband is unemployed, he is at the labor exchange and receives benefits,
then the amount of alimony is determined by agreement of the parties or decision
court Since the amount of the allowance is small, alimony payments
will be insignificant.

Если он не имеет официального статус безработного, alimony
are calculated on the basis of average earnings in the region of residence
or across the Russian Federation. The amount of debt will accumulate, which will allow to recover
her from the property of the debtor.

If the defendant is not officially employed, but has a temporary
заработок, он может добровольно выплачивать alimony истцу. With
refusal to do this bailiff must check cash
operations, get a testimony about income and during
trial establish the amount of money payments.

Что делать — если бывший муж не платит alimony, полномочия
bailiff

On the basis of an executive order, the bailiff starts
The case of recovery from the debtor alimony. He must:

• Call the debtor to clarify the circumstances of the case, collect
documents.

• Establish the place of work of the debtor and send there a request for
wages, make a request to identify the property
the debtor (traffic police and BTI).

• Require accounting at the place of work of the debtor,
transfer of alimony within 3 days after accrual
salary.

• Go to the place of residence of the debtor, find out his
financial situation and seize property within
debt.

• Block the defendant’s funds on his
bank account.

• Prohibit the debtor from leaving the country.

If bailiffs perform their duties poorly, their action
You can appeal to your superiors or to the prosecutor.

Penalties for non-payment of alimony by the defendant

The law provides for tough actions in relation to malicious
defaulter alimony, hiding their income:

• Deprivation of a driver’s license (the norm is valid from 01/15/2016).
The decision is made by the bailiff without going to court.

• Punishment in the form of 100 minimum wages labor if judicial
the bailiff will find out that the debtor hides his income.

• Payment of interest for each day of delay in payment due to fault
the debtor.

Responsibility stipulated by the Criminal Code of the Russian Federation for repeated
evasion by the defendant from paying alimony

Если ваш муж не платит alimony более четырех месяцев,
hiding from bailiffs, has a big debt, hides his
revenues he may be held accountable for nonpayment
alimony.

In the criminal code of the Russian Federation provides the following types
penalties:

• One year of corrective labor conditionally with labor
responsibilities in the workplace, without the right to dismiss (need consent
Penitentiary Service). Unemployed is prohibited
refuse to work offered by the employment service.

• Public works for a period of 120-180 hours are educational
character and not paid. They provide for cleaning the area
floor cleaning, tree care.

• Arrest up to three months.

• Restriction of freedom for up to 1 year.

The initiator of the prosecution is
bailiff on the initiative of the plaintiff or his own. Withстав
should prepare a material on malicious evasion
alimony and send it to the prosecutor’s office or the police,
then the case goes to court.

Many men believe that living with a woman in civil
marriage will save them from paying child support.

Если не платит alimony, что делать. How to make them pay
civil husband

The important point is the establishment of the paternity of the child, well, if
common-law husband voluntarily agrees to recognize him. You need
apply with a joint statement to the registrar to make
the birth certificate of the child is the surname of the father and then the recovery
child support occurs in a general manner.

In case of refusal to recognize the paternity of the child, you need
go to court to start the paternity determination procedure.

In the statement of claim, you must specify the date of residence with a man and
date of birth of the child. The undisputed evidence is holding
genetic examination, which is 99% determine whether
this man is the father of the child, but if the defendant refuses it
do, then the court investigates circumstantial evidence.

Such evidence may be the joint management of home
households, letters, where a man recognizes his fatherhood, money
translations, videos, photos, testimonies of friends and neighbors.

If the court decides to recognize paternity, then with this
the decision is to contact the registry office so that they put in the certificate
birth record, the father of the child. Cash payments will be
be charged only from the moment of recognition by the court of paternity
the defendant.

The Family Code and the legislation of the Russian Federation have a wide range.
инструментов по защите прав ребенка, позволяющих взыскать alimony.
The main thing is to know them and skillfully use them to protect your legitimate
right

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