Quite often, situations arise when the alimony payer stops or does not even start paying money. It is not possible to establish contact with him: he does not live at his former address, he quit his job. It's time to apply for a search for a debtor.
After the recipient of alimony applies to the bailiff service, enforcement proceedings are opened there to collect alimony payments. A prerequisite is the provision of a court executive document or a notarized agreement. The bailiff after the initiation of the case is obliged to send to the alimony payer at his address a notice of the commencement of enforcement proceedings. He makes an appointment to clarify the obligations of the payer and liability for evasion. However, even at this stage of the execution of the judgment, it turns out that the defendant does not live at the indicated address.
The official duties of a bailiff include the duty to initiate a search for a person obliged to pay alimony. But it is not worth being seduced by the fact that the bailiff will definitely fulfill his duties, this happens extremely rarely. It is better for the recoverer to apply for the search for the debtor himself, and not to expect such a step from the SSP. At the same time, he should be aware that, under Article 65 of the Federal Law-229, the bailiff can start searching for the alimony debtor only if enforcement proceedings have been initiated. In other words, if the bailiff was engaged in the recovery of alimony under the executive document, then he has the right to engage in the search for the debtor. Otherwise, contact the police immediately.
Previously, the official must take measures to independently determine the whereabouts of the debtor: interview relatives, neighbors, acquaintances, employees. If the measures are unsuccessful, a search decision is made, subject to approval by the senior bailiff. It is performed by the Ministry of Internal Affairs. First, the search is carried out within the region. When he fails, a federal wanted list is issued. Measures are taken to prevent the debtor from going abroad. The relevant services are notified about the passport data and signs of the wanted person.
It is not worth waiting until the bailiffs begin to perform their professional duties to search for the debtor. The creditor must take the initiative into his own hands: the sooner the better. After all, time passes, the parent does not pay, and debts grow. In addition, delay in the search will complicate the search for the debtor. He can seize the moment and take measures aimed at evading payments:
The application is addressed to the SSP. It can be filed by a recoverer, that is, a citizen permanently residing with a child, whom the payer is obliged to support. Such a right is also granted to citizens representing the interests of the recipient of alimony. They must have a notarized power of attorney to contact the bailiff service, issued by the recipient of alimony.
It is better to write on the prescribed form, but in its absence, it is allowed to submit an application drawn up with one's own hand. The text must indicate information about the enforcement proceedings, as well as everything known about the debtor. As an example, you can use the option below.
It contains:
An example of a statement on the search for a debtor for alimony.
The application must contain a requirement to start a search for the debtor. It is allowed to state other information that will help in search activities. It is drawn up in two copies, one (with a mark of filing) remains with the claimant. The service officer considers the application in three days to make a decision on the legality of filing a wanted list. If legality and logic are observed, then a search warrant is issued. On its basis, search operations begin. The bailiff is required by law to send copies to the recipient of the alimony and the payer.
You should not delay in filing a search request in order to prevent the debtor from taking measures that make it difficult to find him.
To establish the whereabouts of the debtor, bailiffs are provided with ample opportunities. They can act on the basis of the information available, request it from the official bodies of Rosreestr, the traffic police, banking and credit organizations, the tax service, and the Pension Fund.
The bailiff is given the authority to examine the property of the wanted person, his property. If the payer owns things of value, it is not necessary to continue the search. The bailiff can seize real estate, sell it at auction. The proceeds from the sale of the property will be used to pay off the debt.
The SSP official has other options for finding alimony. If it becomes known that the debtor has moved to another region, he can make a request to the migration service and obtain the information available in their database. In addition, he can initiate an administrative case or transfer search materials to the police.
If the search activities undertaken by the bailiff and the district police department were unsuccessful, a federal search may be announced. The bailiff submits to the bodies of the Ministry of Internal Affairs:
The police have more power to locate a wanted person. If the recoverer applies to the bailiff with a statement to initiate criminal proceedings under Art. 157 of the Criminal Code, the search will go faster. Now not just a debtor is wanted, but a suspect. True, to initiate a criminal case, weighty grounds and a number of preliminary measures necessarily carried out by the bailiff are required.
It is the contractor's responsibility to send a monthly request to the Ministry of Internal Affairs about the progress of the search. Written responses are attached to the enforcement case. The period of search activities has not been established, they can continue for a long time, but the longer it goes on, the less hope for success.
The SSP is a state body, and its employees do not have the right to refuse to accept applications from citizens without sufficient grounds. The bailiff must provide a reasoned explanation for the refusal to start search activities. The recoverer may use the legal right to appeal against the decision of the official by submitting an application.
There are several ways to file a complaint:
It should be said that the most effective and fastest way is to contact the prosecutor. A binding decision is made, officials are required to report on progress. There is no established form for complaints and applications. The main thing is to convey all the necessary information in the content. They concern the official: to whom the application was submitted, when, what decision was made. You should justify your disagreement with the refusal and indicate the requirements.
Trouble with a complaint often takes quite a lot of time, which is spent on drafting, filing, consideration. But if the payee feels right, justice should be sought. Otherwise, debts will accumulate, the child will be left without material support from the parent. Bailiffs are reluctant to deal with cases that require increased effort. These include the search for alimony payers. In many cases, success depends only on the perseverance and perseverance of the alimony recipient.
Statistics show that in Russia, maintenance payments are often made late. A common situation is when the court has made an appropriate decision, the bailiffs have received a writ of execution or a writ of execution, but the parent living separately still does not participate in the life of the child in any way.
It can be difficult to force a person to pay alimony for the reason that nothing is known about his place of residence. If you wait for the conscience of the alimony to wake up, this will lead to nothing but the accumulation of debts. The way out of this situation is to search for alimony debtors.
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The bailiff service is engaged in this, where the mother of the child, who does not receive money from his father to support the baby, should apply with a statement. Bailiffs have a number of rights and powers that allow them to carry out search activities, as well as to seize the debtor's property for the purpose of its further sale.
The search for alimony debtors involves the use of such administrative measures:
A copy of the resolution on the search must be sent to both the recoverer and the bailiffs responsible for the enforcement proceedings. The corresponding case is started the next day after the decision is made.
What information is displayed in the case:
In fact, they put a mark "for official use." This is due to the fact that the folder contains documents subject to limited disclosure.
They have access to:
In order to receive a certificate of search results, the creditor must submit a written application, and information will be provided within a day after receiving it
Bailiffs are endowed with certain powers and rights.
When they are dealing with the issue of collecting funds for the maintenance of a child, they have the right to:
An application for a search is considered by an authorized bailiff for 3 days after admission. As a result, a decision is issued to put the debtor on the wanted list or refuse to conduct a search. The document contains a number of executive measures that the bailiff can take during the search.
If before that the debtor was not subject to a ban on leaving Russia, then from the moment the decision is made, this ban is gaining force.
In the course of search activities, the bailiff has the right to do the following:
In order to carry out all the measures established by law, the bailiff can use any information that the claimant has provided him about the payer.
If an alimony or some of his property was discovered, the bailiff has the opportunity to force the debtor to pay the resulting debt. He has the right to seize and take property for forced sale.
It is possible to declare a defaulter on the wanted list only after submitting an application to the FSSP, this will happen only after the bailiffs make an appropriate decision.
To prepare an application, you can use a sample that contains the following mandatory items:
The maximum period during which an application can be considered is three days, after which an appropriate decision is issued: on the search or on the refusal to search
To register all debtors, the bailiff service maintains an information database, which is regularly updated.
It collects information about people who:
Non-payers are included in the lists immediately after they have not paid the required amount. The information is not public, but anyone can access it. To do this, you need to know the full name of the debtor or the number of the document that serves as the basis for calculating the debt for alimony.
Such data is entered into a search form and detailed information is displayed on the screen, including the amount owed. The database can be viewed through any web browser or a special program for a smartphone, you can also use the application in social networks.
Such a database is available on the FSSP website and the public services portal. To obtain information about the debtor, you need:
There are several ways to check the amount of alimony debt:
| Official website of bailiffs |
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| Website of the State Services Portal |
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| Through an application on a mobile device | To date, applications have been developed for Android, iPhone and iPad, Windows Phone. They have the same functions and allow you to find out about the presence of debts by scoring the full name and date of birth of a person. |
| Applications in social networks | They also allow you to receive information about the debt. The principle of operation of these applications is similar to the previous search option. |
| Personal appeal to the bailiff service | To do this, you need to get an appointment with the bailiff, give the name of the debtor and get all the information about his debt. |
Compared with the previous ones, this method has a number of disadvantages: the debtor himself or the one to whom the alimony does not pay money has the right to receive information.
Thus, if a third party who has an interest in this issue applies to the bailiff, he may be refused to provide information. In addition, there is a high probability that you will have to wait in line for an appointment, and this can take several hours.
To save your own time, you can send a formal request for information about the debt by mail. This method has an advantage over a personal appeal: a person will receive a piece of paper in which the amount of the debt will be indicated. But there is also a drawback - the time to receive a response may be delayed.
While the relevant authorities are looking for a debtor, the parent who lives with the child has the right to claim. Thus, the amount of children's money that is paid to the child is increased by 50%. If a debtor is found, the amount that was paid in excess of the norm will be deducted from his income.
In order to get a promotion, the mother must apply to the bailiffs for a document that confirms that she does not receive anything from the father of the child, and he is currently on the wanted list. Such a certificate, along with the application, must be submitted to the social security authorities.
If a large amount of alimony debt has accumulated, and the debtor has not been found, the mother can deprive the father of parental rights. This fact will not release him from the obligation to pay alimony until the child reaches the age of majority.
There are situations when bailiffs dishonestly perform their duties to find a debtor. In this case, the claimant has the right to file a complaint against their actions with the senior bailiff. If nothing changes, you need to contact the head of the FSSP.
In practice, there are situations in which the responsible alimony payer suddenly terminates his obligations to pay maintenance for the child. Sometimes such parents cease to get in touch and maintain contact with the child and the former spouse, which completely excludes the possibility of establishing the reasons for the sudden termination of the fulfillment of financial obligations established by law or contract.
Officially, a search for a person can be carried out by bailiffs, whose activities will be justified by the presence of a corresponding application from the recipient of maintenance payments. The course of the search for the non-payer largely depends on the correctness of the execution of the application submitted to the bailiffs.
As part of the initiated enforcement proceedings, the bailiff is endowed with the legal opportunity to carry out a number of actions aimed at the full and comprehensive execution of the procedural decision establishing the obligation of the alimony payer to pay alimony.
In cases where the information specified in the executive document, as well as the data provided by the recipient of the alimony, does not allow to establish the location of the parent-alimony payer, the bailiff may initiate search for the obligated.
If the husband does not pay alimony, the wife, who is raising and supporting a common child, may appear with a demand to search for him.
The main purpose of such a search is to determine the location of the person who is the alimony payer, which is carried out in order to establish his property and financial capabilities underlying the fulfillment of maintenance obligations enshrined in a court decision or.
Without waiting for the bailiff to fulfill his professional duties, the recipient may initiate a search for a parent who has stopped making payments. An application for a search for alimony is sent to that branch of the FSSP, in which proceedings were previously initiated on a writ of execution.
The application submitted by the recipient must be drawn up by him arbitrarily and in his own hand.
The document must contain:
At the legislative level, a three-day period is defined, which is provided to the bailiff in order to consider the application received from the debtor. Having studied the circumstances set out in the application, the official must make a decision on the possibility of a search or the absence of grounds for its conduct.
The search for a debtor for alimony by bailiffs is carried out only upon the issuance by the bailiff of a Resolution, which contains a decision to put the obligated person on the wanted list.
As a general rule, like any other document of enforcement proceedings, such a decision must be sent to the recipient of payments and their payer. The document is sent to the address of the payer, which is indicated in the executive document.
The parties to the initiated proceedings have the right to appeal this decision.
The search process is entrusted to officials of the FSSP. In order to establish the location of the debtor, they use various information that is available in official sources, and can also be obtained from the recipient himself. In some cases, in order to obtain the required information, the media may be involved in the implementation of the enforcement action.
The official sources of information about the non-payer, as well as his property or income, must include information contained in the Rosreestr, traffic police databases, institutions of the banking and credit sector, pension fund, FSS and FSN.
In the course of search activities, information obtained as a result of the activities of a private detective can be used.
In order to achieve the desired result, police officers may be involved in the search. Data on wanted persons may be posted in public places.
Measures of administrative punishment, including fines of various levels, deprivation or restriction in certain types of rights, can be applied to those debtors who intentionally interfere with the proper work of bailiffs. Such actions can be expressed in the provision false information about earnings, property, place of employment.
Criminal liability is a more severe punishment and can only be imposed on those persons who do not fulfill their obligations to pay alimony throughout the year. As a rule, such persons deliberately hide their income, the name of the employer, the volume and location of the property they own.
Bailiffs are empowered to bring debtors to administrative penalties. Criminal penalties can only be established by a court decision and expressed in forced labor, arrest, and the determination of prison terms.
The FSSP bodies are classified as state bodies. Their officials can't refuse in accepting a search request. The result of its consideration may be the announcement of a wanted list or a refusal to announce it, which must be justified by motivated circumstances.
The recipient has the legal opportunity to appeal against decisions containing a refusal to search, which is expressed in the form of an appeal to higher officials or bodies of the FSSP, the prosecutor or the court.
The complaint must contain informative data on the date of filing the initial statement of search, the range of actions of the bailiff, the norms of the violated legislation.
Having recognized the complaint as subject to satisfaction, the body that reviews it must determine the punishment for the bailiff, which may include, among other things, dismissal.
Last modified: January 2019
When alimony payments stop coming, the legal representative of the minor has the right to apply for debt collection by force. In case of payment evasion and concealment of one's location, various sanctions may be applied to the non-payer. Information on the recovery procedure and on how to put on the wanted list for alimony debtor is consistent with federal law, in particular, Law No. 229-FZ.
A delay in payments of several days is not a reason for conducting a search procedure for a person who owes alimony. When a situation arose with a months-long absence of contributions and the inability to get in touch with the debtor, it is worth studying the sequence of actions and features of the alimony search procedure.
When faced with difficulties in obtaining financial assistance from a former spouse, the parent of a minor must be guided by the provisions of the law on enforcement proceedings, as well as general rules of family and civil law.
The basis for recovery is a court order, decision, maritime agreement. According to Art. 65 of the Federal Law No. 229, an executive search is being carried out - comprehensive measures to find the whereabouts of a person who has debts for alimony, as well as the search for property that can be taken into account as alimony or sold as payment.
Search measures for the fulfillment of maintenance obligations are carried out by the responsible officer of the FSSP, who has the authority to carry out search actions.
When it is impossible to find a person, and the fulfillment of financial obligations is terminated, they announce at. Due to the complexity of the search and the lack of sufficient powers and resources, parents raising a minor turn to the bailiff in order to organize search activities.
The following situations may give rise to official action to locate the defaulter:
The above circumstances together give the right to apply to the collection department of the Bailiff Service to write an application with a request to declare a person who has not paid alimony for a long time on the wanted list.
The circle of possibilities of the bailiff is much higher than that of ordinary citizens who are trying in private to call the second parent to account before the child.
The powers of the bailiff include many ways to find a person:
After the defendant is found, further enforcement actions will continue at the address to which the debtor is located.
Despite all the measures taken, it is not always possible to track the whereabouts of a person, especially with frequent movements, lack of registration, official earnings, property. In some cases, the search can take years.
All this time, the mother alone provides the child financially, participating in the development and formation of the personality. Lack of information about a person does not relieve him of obligations, and rather severe penalties are provided for a malicious violator, both within the framework of administrative regulations and under the Criminal Code of the Russian Federation.All the time during which a person is on the wanted list, the exactor cannot apply for state assistance in the form of benefits, subsidies for a child left in the care of a single parent, which violates the civil rights of a minor.
In this regard, legislators proposed to amend Art. 43 of the relevant law, as well as in Article 278 (with respect to part 1) of the Code of Civil Procedure:
Recognition of a non-payer of alimony as missing gives the right to apply to state bodies for the appointment of a pension for the loss of a breadwinner, which often coincides in level with forfeited alimony.
The process of searching for an alimony payer is multi-stage, includes several types of activities in relation to the debtor and the recoverer:
Thus, the implementation of the main duties of a bailiff requires interaction with the defendant, which means a preliminary search for a person.
In the absence of appropriate measures and activity on the part of the FSSP employee, the legal representative of the child can initiate the search process on his own by contacting the official within the framework of Article 65 of the Federal Law No. 229 (clause 3).
If accumulated, you must proceed in the following order:
If the responsible officer of the service refuses to organize a search, this decision is appealed by sending complaints to:
In the text of the appeal, it is necessary to describe in detail what violations were identified, refusal to fulfill obligations, inaction. In case of confirmation of violations based on the results of the audit, administrative responsibility and sanctions against an employee of a state body are provided.
If the search is not organized by the bailiff himself, an application is submitted.
The text of the document is written in free form, subject to certain details and form requirements.:
If the legal representative of a minor cannot apply in person, his interests can be represented by a lawyer, on the basis of an issued power of attorney.
After a citizen who evaded the fulfillment of his parental obligations is found and the place of residence is determined, the bailiff, the regulations require that you first notify the debt that has formed, and only then, after refusing to pay the money, apply penalties in the form of administrative measures with the sale of property on account of payment debt, or criminal measures with forced labor, arrest, serving time.
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Feodosia stopped the search for alimony Oleg Alfredovich Vitek, allegedly with the fact that they received a certificate that he had left the Russian Federation and what to do now ?, but he himself is in Moscow and this is for sure, only the address is unknown, all his friends report that he is in South Butovo, but he is in all social. networks, attends concerts.
Hello! It is necessary to send a complaint and a lawsuit to the court within the framework of the CAS RF. Get caught quickly. But only if everything is done correctly.
For alimony. There are resolutions on the initiation of an IP, a resolution on the search for a debtor, a court order, a resolution on the calculation of debt, an act of performing performing actions, a report of 2010. Until now, alimony has not been paid, we do not receive pensions and we do not know with our daughter how else to influence the system - the implementation of laws for whom? (the child is thrown from early childhood by both the parent and the state). Question: actions regarding the recognition of the debtor as dead, missing, etc.?
In this case, it should be recognized as missing in court in the framework of the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation. I recommend seeking legal advice. And after that, instead of alimony, draw up a pension ...
During the search for the alimony, it turned out that he was registered in another region. This became known almost a year after the search in "his" region. The answer from the "new" region from the bailiffs did not come. Can I sue my ex-husband as missing or do I have to wait another year for a search at his new place of residence?
Hello! We need to wait for an answer, since there is already information about the possible location of his whereabouts, it will be difficult to recognize him as missing.
The alimony dad is missing. The child is 5 years old. The year pays nothing. The bailiffs are inactive. Put on the wanted list. How long will they look for him in order to collect alimony for the year.
Good afternoon! Depends on the work of the bailiff in the first place. Go to the reception to the bailiff, find out how things are going. If the bailiff is inactive, then file a complaint with the senior bailiff. Respectfully!
Hello, Elena. The bailiff-executor is given 1 year to search for the debtor for alimony. In the event that its location is not established, the SPI issues an appropriate Resolution with which you must apply to the court at the last known place of residence of the debtor with a claim to recognize the debtor as missing and, in the future, assigning a survivor's pension to the minor.
The alimenter was put on the wanted list in January 2018. The amount of the debt is currently 300,000. At the same time, the debtor is quietly moving around Russia. When I asked the bailiff what he was going to do longer, he answered that he was doing everything possible, that is. e. nothing (at the same time he says that he will never repay the debt). What should I do next? Thank you!
In your case, a great option is if he moves unnoticed, and in January 2019 you take a police search certificate that he was not found, then file an application with the district court to declare him dead. Get a pension.
My ex-husband is alimony, was wanted. He was never found on the territory of the Russian Federation; he is not. It does not exist on the territory of its state. Can the court take this into account and issue an order of missing persons. There is a certificate from the Ministry of Internal Affairs of his state.
A decision is made on recognizing a citizen as missing, not an order. The certificate you provided may be one of the evidence in this case, but other evidence may be required depending on the situation.
If more than a year has passed on the search of the FSSP of the Russian Federation, you should contact the bailiff at the place of enforcement proceedings. The bailiff is obliged to hand over the relevant documents and explain the procedure for applying to the court. By decision of the court, "alimony" in the form of a pension for children will be paid to you by the state.
Does the court recognize the alimony as missing if he has been wanted since March 2016. If so, can I claim survivor's pension?
Dear Ziliya! Now the law gives such a right, the relevant changes have recently been introduced. Art. 65 FZ-229 on enforcement proceedings: 16. If, after carrying out enforcement and search actions to search for a debtor on an executive document containing a requirement for the recovery of alimony, within one year from the date of receipt of the latest information about the debtor, his location is not established, the bailiff the executor carrying out the search informs the recoverer of the results of the enforcement and search actions carried out and explains to the recoverer his right to apply to the court with an application to recognize the debtor as missing. First you need to receive from the bailiffs papers on the completion of the performing actions to search for the debtor, with the results of the actions taken. Next, apply to the court with an application for recognition as missing. The decision is up to the court. If you recognize b \ o, then you can apply for a pension. All the best!
I have a question, if the alimony is on the wanted list, he began to pay alimony, for example, at 500 rubles a month, will he be removed from the wanted list?
Hello Valeria! Yes, even if the debtor pays 50 rubles a month, he will not be a malicious defaulter.
Hello, if he is found, he will be removed from the Executive Search, but there is a danger that he will be held accountable, but first to administrative.
How and who should put a malicious alimony on the federal wanted list? For almost a year, the ex-husband has been on the local wanted list in the Kostroma region, and now he lives in Krasnodar and no one is looking for him there, they are only looking for him in the Kostroma region. Bailiffs say they can't put him on the federal wanted list.
Where enforcement proceedings have been initiated, the debtor must be put on the wanted list there. If the bailiff is inactive, you have the right to file a complaint with the prosecutor's office.
How and who should put a malicious alimony on the federal wanted list? For almost a year, the ex-husband has been on the local wanted list in the Kostroma region, and now he lives in Krasnodar and no one is looking for him there.
Hello! This is the job of the bailiffs. Provide details of your ex-husband's whereabouts. Will be inactive, complain to the prosecutor's office.
If the court decision on the recovery of alimony is not enforced, you should file a written complaint with the head of the bailiff service. The bailiff has the right to put the debtor on the wanted list.
Good afternoon, a criminal case should be initiated against him, but for now, he should be fined Yours faithfully, Evgeny Pavlovich Filatov.
How and who should put a malicious alimony on the federal wanted list? For almost a year, the ex-husband has been on the local wanted list in the Kostroma region, and now he lives in Krasnodar and no one is looking for him there. It is known in which school his stepson studies, but such information is not given to bailiffs, the court has little authority. bailiffs.
Federal Law No. 229-FZ of October 2, 2007 (as amended on December 28, 2016) "On Enforcement Proceedings" Article 65. Enforcement Search 1. In the cases established by this Article, bailiff in the course of enforcement proceedings announces an executive search for the debtor, his property or an executive search for a child, provided that other executive actions performed by him, provided for by this Federal Law, did not allow establishing the location of the debtor, his property or the location of the child.
Please tell me if the alimony is wanted, what kind of benefit payment is due?
One of the parents has the right to receive an allowance for each child living with him until he reaches the age of 16, for a student of a general education institution - until graduation, but not more than up to 18 years. The amount of the allowance for whose parents evade the payment of alimony is 478 rubles. 31 kop.
I, too, was told by the Federal Search for a malicious alimony that if he is not found, then he can be sued, and in the event of a positive decision, I will be able to receive compensation through the social. child protection in the amount of the minimum monthly wage. Check if this is true!
Federal Wanted Malicious Alimony What is it? compensation through social child protection in the amount of the minimum monthly wage. such payments are not provided by law.
Good afternoon only if he is wanted. In the interests of minor children, the state provides for a number of measures to ensure their maintenance in cases where parents do not pay alimony. So, according to Part 2 of Art. 17 of the Federal Law of May 19, 1995 No. 81-FZ "On State Benefits to Citizens with Children" and sub. "b" clause 40 of the Regulations on the procedure for assigning and paying state benefits to citizens with children, approved by Decree of the Government of the Russian Federation of September 4, 1995 No. 883, the amount of the monthly allowance for children (70% of the minimum wage established by federal law), parents who evade the payment of alimony or in other cases when the collection of alimony is impossible, increases by fifty percent. This happens if the court decision (judge's decision) on the recovery of child support from the persons obliged to pay it is not executed due to the search for them by the internal affairs bodies on the basis of court rulings and decisions of the investigating authorities in connection with the evasion of the payment of alimony, bringing to criminal responsibility for the commission of a crime, due to the lack of earnings from alimony payers, from which alimony can be collected during the period of serving a sentence in correctional labor institutions, their being under arrest and for other reasons. The procedure for the accumulation and payment of the state monthly allowance for children whose parents evade the payment of alimony was jointly approved by the Ministry of Finance of the Russian Federation (No. 72 of August 5, 1996), the Ministry of Social Protection of the Russian Federation (No. 3516 / 1-32 of August 6, 1996) and the Central Bank of the Russian Federation (No. 311 of August 6, 1996). The payment of a monthly allowance for a child in an increased amount in connection with the search for his parents evading the payment of alimony is terminated only when the place of residence (location) of the parent evading the payment of alimony is established and the search for him is terminated. Previously, the internal affairs bodies are required to notify the claimant, the social protection authority that pays the monthly child allowance, the official who issued the ruling (decree) on the search, as well as the court at the location of the writ of execution, within three days. In accordance with paragraph 6 of Art. 113 of the UK, the amounts of the monthly allowance for a child in terms of their fifty percent increase, paid for the entire period of the search for his parents who evade paying alimony, are recovered from these parents after their location is established in the income of the budgets of the constituent entities of the Russian Federation. In addition, ten percent is additionally charged on these amounts, which also go to the budget of the corresponding subject of the Russian Federation. This measure is designed to reimburse the budget for the payment of child benefits in an increased amount and encourage the payer of alimony to properly fulfill their duties. Claims to recover from parents the amounts paid, by which state child benefits were increased, are equated to claims for the payment of alimony. However, first of all, claims for the recovery of alimony and debts on them must be satisfied, and then - claims for the recovery of the amounts of benefits paid in terms of their fifty percent increase with the accrual of ten percent on them. In the event that the debtor does not have property or income that can be foreclosed on, the enforcement document on the recovery of the paid allowance is under the control of the bailiff, who periodically checks the property status of the debtor and the possibility of foreclosure on wages or other income. It should be borne in mind that the internal affairs bodies have the right to recover the costs of searching for persons evading the payment of alimony. The costs of searching for the debtor and his property are recovered from the debtor by order of the bailiff, approved by the senior bailiff, on the basis of the calculation of the costs made by the relevant bailiff service (clause 1, article 28 of the Law on Enforcement Proceedings). If you need help please contact.
Alimony is wanted! The bailiffs refused the criminal case, without explaining anything, referring to some changes in the article! Tell me what to do next? The bailiff doesn't explain anything! Thank you!
Hello! Indeed, now malicious evasion of alimony is for the first time administrative responsibility. However, it is necessary to complain about the inaction of the bailiff to the senior bailiff or to the prosecutor's office.
The alimony debtor, who maliciously evades alimony, was put on the wanted list and the FSSP authorities said that I could receive benefits in the social. protection, I'm wondering what kind of allowance they will give?
Hello! No allowance will be given.
Court. The bailiffs gave me a certificate that the alimony has been on the wanted list for more than a year. I sued to declare missing, but the judge returned the application, stating that I was obliged to file a wanted list with the police. Is this really so, because bailiffs are officials?
Yes, the judge is right. If the bailiff is not found, you need to file a complaint with the police
Good afternoon! the judge is right. bailiffs usually do not look for anyone or anything. You can apply to the OSP UFSSP of Russia in your region with an Application (2 copies) addressed to the senior bailiff of the head of the OSP UFSSP, the main thing is that your copy is stamped, in. No. and signature. If it doesn’t help, then you can file Complaints about the inaction of the bailiff and the senior bailiff of the head of the OSP UFSSP of Russia in your region in accordance with Article 441 of the Civil Procedure Code of the Russian Federation to the Prosecutor’s Office or immediately to the Court (no state duty is charged). Russian Federation. Responsibility for late payment of alimony 1. If a debt arises due to the fault of a person who is obliged to pay alimony under an agreement on the payment of alimony, the guilty person shall be liable in the manner prescribed by this agreement. 2. If a debt is formed through the fault of a person who is obliged to pay alimony by a court decision, the guilty person shall pay a penalty to the alimony recipient in the amount of one second percent of the amount of unpaid alimony for each day of delay. The recipient of alimony is also entitled to recover from the person guilty of late payment of alimony, who is obliged to pay alimony, all the losses caused by the delay in fulfilling the alimony obligations in the part not covered by the penalty. Article 99 of the Federal Law "On Enforcement Proceedings" of 02.10.2007 N 229-FZ. The amount of deduction from the salary and other income of the debtor and the procedure for its calculation several executive documents) no more than fifty percent of wages and other incomes can be withheld from the debtor-citizen. Withholdings are made until the full execution of the requirements contained in the executive document. 3. The limitation on the amount of deduction from the wages and other incomes of the debtor-citizen, established by part 2 of this article, does not apply when collecting alimony for minor children, compensating for harm caused to health, compensating for harm in connection with the death of a breadwinner and compensating for damage caused by a crime. In these cases, the amount of deduction from the salary and other income of the debtor-citizen may not exceed seventy percent.
The former cohabitant was on the wanted list for payment of alimony, about 10 years old, the son was in the army, the alimony was killed, maybe what shines for his son?
And what should shine for the son ???? Did he kill the alimony????
The former cohabitant was on the wanted list for payment of alimony, about 10 years old, the son was in the army, the alimony was killed, maybe the son is shining? If he was not dependent on a cohabitant, then even a survivor's pension cannot be claimed, since after the child comes of age, this must be proven. Could receive up to 23 years, with full-time education.
I didn’t quite understand their article 65 of the Law on the execution of proceedings on the search for a debtor. If he is not alimony and the debt is not to the state, are the bailiffs obliged to put the debtor on the wanted list?
Not required, but can be announced at the request of the claimant. Read the article carefully.
How to file a wanted list for alimony? We only know that he lives in Belarus.
To really search. you need to initiate proceedings under Article 157 of the Criminal Code of the Russian Federation. Then the search will be entrusted to the police and this gives grounds to announce an international search, including in Belarus.
If he goes to court to declare the debtor missing, then how long will the state. loss pension. From the moment of applying to the court or from the moment of the announcement of the search by the court?
no, you will not receive anything from social security
Question: The alimenter has been wanted by the court for three years. Is it possible to get from the social protection of monetary compensation (allowance) for unreceived alimony of the former spouse declared wanted. If so, please indicate the current law or by-law.
Apply to the court for the recognition of the debtor as missing and you will receive the loss of the breadwinner
Alimony has been on the federal wanted list in court since April 30, 2014. I want to file a lawsuit to declare him missing in order to appoint a state. pension. Will the claim be like a recognition of a legal fact or should there be someone defendant in the claim?
there is no defendant in such claims, the fact itself is established
A citizen may be declared missing by a court at the request of interested persons if during the year there is no information about his place of residence at his place of residence. You need to draw up an application to the court, submit it in accordance with the rules of jurisdiction, attach all supporting documents, and then go to court hearings. It is possible to do this with the help of a lawyer who will represent your interests.
There is no information about the location of the spouse during the year. To dissolve a marriage with a spouse, we recommend that you follow the following algorithm. Step 1. Admit your spouse missing in court. If during the year at the place of residence of the spouse there is no information about the place of his stay, it is possible, at the request of the other spouse and other interested parties, to recognize him in court as missing (Articles 276, 277 of the Code of Civil Procedure of the Russian Federation; Part 1 of Article 42 of the Civil Code of the Russian Federation ). Note. If it is impossible to establish the day of receipt of the last information about the missing spouse, the beginning of the calculation of the period for recognizing the missing person is considered the first day of the month following the one in which the last information about him was received, and if it is impossible to establish this month - January 1 of the next year (part 2 article 42 of the Civil Code of the Russian Federation). Step 2. Contact the registry office to file an application for divorce. If the spouse is recognized by the court as missing, submit the following documents to the registry office at your place of residence or at the place of state registration of marriage (Article 32 of the Law of November 15, 1997 N 143-FZ) (clauses 2, 3 of Article 34 of Law N 143-FZ): - an application for divorce, which, in particular, indicates the surname that you wish to take after the divorce (Article 36 of Law N 143-FZ); - a court decision declaring the other spouse missing; - a document proving your identity; - marriage certificate. Note! In case of loss of the marriage certificate, if the state registration of the marriage was carried out by the registry office to which the application for divorce was submitted, the presentation of a second marriage certificate is not required (clause 3 of article 34 of Law N 143-FZ); - receipt of payment of state duty in the amount of 350 rubles. for state registration of divorce, including the issuance of a certificate of divorce (Article 10 of Law N 143-FZ; Subclause 2, Clause 1, Article 333.26 of the Tax Code of the Russian Federation). Step 3. Contact the registry office to obtain a certificate of divorce. One month after filing an application for divorce, you need to come to the registry office to receive a certificate of divorce. If the applicant provided a certificate of marriage, then it is returned to the applicant with a mark on the state registration of divorce (clause 3, article 34 of Law N 143-FZ). From the date of state registration of the dissolution of marriage in the register of acts of civil status, the marriage is considered dissolved (part 1 of article 25 of the RF IC). Spouse disappeared less than a year ago In this case, the following algorithm is possible. Step 1. Prepare an application for divorce and submit it with other documents to the justice of the peace. The statement of claim is submitted to the justice of the peace at the last known place of residence of the missing spouse or at the location of his property (clause 1, article 23, clause 1, article 29 of the Code of Civil Procedure of the Russian Federation). You can also submit an application at your place of residence if you have a minor with you or for health reasons it is difficult for you to travel to your spouse's place of residence (Article 29 of the Code of Civil Procedure of the Russian Federation). In addition to the application for divorce, you need to submit the following documents to the court: - a copy of your identity card; - receipt of payment of state duty in the amount of 600 rubles. (clause 5 clause 1 article 333.19 of the Tax Code of the Russian Federation); - a power of attorney or other document certifying the authority of your representative; - the original and a copy of the marriage certificate; - copies of the birth certificate of common children; - a copy of the extract from the house book. When considering such a claim in court, the difficulty lies in notifying the defendant, since his place of residence is unknown. If the place of residence of the spouse is unknown, the court will begin to consider the case after the court receives information about this from the last known place of residence (Article 119 of the Code of Civil Procedure of the Russian Federation). In addition, in such cases, the court appoints a lawyer as a representative of the missing spouse (Article 50 of the Code of Civil Procedure of the Russian Federation). Step 2. Get a court decision and contact the registry office. After the decision is made, get it in court. At the same time, the court is obliged, within three days from the date of entry into force of the decision, to send an extract from this decision to the registry office at the place of state registration of marriage, which is the basis for divorce (clause 2, article 25 of the RF IC; article 31 of Law N 143-FZ). State registration of divorce on the basis of a court decision is carried out in the registry office at the place of state registration of marriage on the basis of an extract from a court decision or at your place of residence on the basis of an extract from a court decision and an application for divorce. In this case, you need to present a court decision, a document proving your identity, and a receipt for payment of a state duty in the amount of 650 rubles. (Article 10 of Law N 143-FZ; subparagraph 2 of paragraph 1 of Article 333.26 of the Tax Code of the Russian Federation). The registry office will issue you a certificate of divorce.
On which site you can find out if the alimony is on the wanted list, since the bailiff wrote a statement on the wanted list.
on the FSSP website
The alimenter did not pay alimony for more than a year and was hiding from the bailiffs until he was put on the wanted list, the amount of the alimony debtor is about 170 thousand rubles. He is the owner of a 2-room apartment for which he does not pay, and also hangs a large debt on him. Judgment and fines. Is it possible, under the new law, to force him to sell / change his apartment to a 1-room apartment and pay off his debts?
So far, there have been no such cases in practice.
Please tell me, what is the timeframe for resolving the issue of initiating a case on the search for alimony, I wrote an application in the form at the beginning of October 2015. Now it is already the end of December that the alimony debt is more than 800,000 bailiffs are in another area, so there is no way to communicate with them in person, only sometimes by phone.
The decision to put on the wanted list (or to refuse to put on the wanted list) is issued within 3 days from the date of receipt of the application. Copies of the decision are sent to you and the debtor. If you have not received, you can go to the bailiff who issued the decision. The search is carried out by the FSSP, while the bailiff who issued the search order may not carry out the search, i.e. there may be another attachment. When searching, the bailiff can use operational reference and search information, the possibilities of the media, according to your application, use information obtained as a result of private detective work. All information relating to the search for the debtor is contained in the decision of the bailiff to put him on the wanted list.
If the bailiff within three months has not yet filed a wanted list for the alimony, since the alimony is hiding, what can the claimant accept so that the alimony is wanted.
You need to file a complaint with the head of the bailiff service
For 5 years bailiffs cannot find alimony. They say he's wanted. I heard that the state can pay alimony until they find alimony. Is it so? And then what is needed for this?
No, it's not. The state does not pay child support.
If you go to court with an application to recognize him as missing, you can receive a survivor's pension. Good luck
