Alimony debt: where and how to find out the amount of debt?  How to find out alimony arrears - all the ways Bailiffs new buras how to find out a debt

Alimony debt: where and how to find out the amount of debt? How to find out alimony arrears - all the ways Bailiffs new buras how to find out a debt

Since the percentage of alimony payers in Russia is large, the formation of alimony debt is not uncommon. Many payers often ask the question: how to find out child support debt? They want avoid accumulating child support debt and are trying to take steps to pay it off.

How to check for debt?

Now there are several ways for debtors and recipients of alimony to find out the amount of the resulting debt:

  1. By personal appeal to the authorized bodies:
  2. Check child support debt by last name online:

How to find out the debt on alimony from the bailiffs?

It should be noted that only a person who is direct party, that is:

  • alimony payer;
  • recipient;
  • or their official representative (by notarized power of attorney).

The undoubted advantage of the appearance of the debtor himself at a personal appointment with the bailiff is an indicator that the defaulter makes contact and does not hide from the bailiff, which means that there is no fact from the payment of alimony (and, as a result, in such a situation it will be impossible to apply tougher sanctions). If the debtor does not have the opportunity to visit the bailiff personally, he has the right apply in writing on indicating the amount of the debt (or issuing a resolution on its calculation) and send it to the UFSSP mail correspondence attaching a copy of the applicant's passport to the application.

If a third party who is not a party to the proceedings (for example, the new wife of the alimony payer or his mother) applies to the UFSSP, the bailiff has every right refuse to receive this information. The same situation can occur if you call the UFSSP by phone - due to the impossibility of identifying the caller, information about the debt may not be provided.

Personal appeal to the FSSP

Appeal personally to the bailiff of the parties enforcement proceedings follows:

  1. On the reception day, to find a specialist at the workplace.
  2. With an identity document (passport).
  3. Be prepared for the fact that the official is authorized to take from the debtor explanation of the reason for the formation of debt and the timing of its planned repayment.

At the reception with an official of the FSSP, you can get debt settlement order, which can be disputed or canceled if exceptional valid circumstances in the life of the debtor himself or close members of his family became the cause of the debt, and also if the calculation of the debt, in the opinion of the defaulter, was made incorrectly.

Is it possible to find out the amount of maintenance debt at the MFC?

In the major cities of Russia last years an extensive network of multifunctional centers (MFCs) has been created to provide state and municipal services to the population on the principle of "one window". This service is called in most regions of the country "My Documents".

If in the city or district of residence of the debtor, the MFC interacts with the territorial body of the UFSSP, the multifunctional center can provide information about the amount of debt, however, only the bailiff himself has the right to issue a resolution on the calculation of the debt.

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To obtain information about the amount of debt at the MFC, the debtor must come to a personal appointment with a specialist with a passport to confirm the identity of the applicant.

How to find out alimony debt via the Internet by last name?

You can find out debt without leaving your home via the Internet in several ways at once:

Each of these methods is discussed in more detail below.

Through the official website of bailiffs (FSSP) online

To find out alimony debts from bailiffs by last name today, the payer or recipient of alimony payments must perform the following sequence of actions:

  • IP number;
  • details of the executive document on the basis of which the IP was initiated;
  • information about the presence of debt and its amount;
  • Full name and phone number of the bailiff in charge of the proceedings.

On the UFSSP website, the debtor can not only find out about the amount of the debt, but also pay it online. In this case cash are preliminarily credited to the settlement account of the territorial branch of the UFSSP, and then brought to the recipient.

Through the website of the State Service

It should be noted right away that in order to obtain the information of interest on the website of the State Services, you will need register if the user has not been registered before. After registration, the algorithm of actions is as follows:


You can find out the amount of debt online on the State Services portal as according to personal data, and by invoice number(most often it is in the text of the court order). You can also pay the debt in most regions on the State Services website.

After submitting an electronic application to the UFSSP through the State Services, the answer is communicated to the applicant through a message in " Personal account».

With the help of social networks VKontakte and Odnoklassniki

If the parent-debtor and the parent-collector are users of social networks, there is nothing easier than installing a special application from the FSSP, which is called - "Data Bank of Enforcement Proceedings"(links to application

08.08.19 24 426 7

And pay the debt on time

learned about child support laws

Overdue obligations for alimony are debts of the first priority, they are collected before others.

In practice, it works like this: a person has a debt on a loan and alimony. First, the bailiff will fully collect alimony, and only then will he begin to deal with the loan.

Alimony debts are a nasty thing. For an unpaid loan, the debtor is liable only with his property, but for non-payment of alimony, a criminal record threatens. Therefore, it is important to control the presence of debt and pay it in a timely manner.

I will tell you how to do it and what happens if you do not fulfill obligations to relatives.

How to find out the debt on alimony from the bailiffs

The bailiff is responsible for the calculation of alimony arrears. He makes a decision, where he indicates how much the defaulter owes, for what period and why exactly so much. The bailiff makes such a calculation at least once a quarter and each time draws up a new resolution.

The amount of the debt can be found out from the decision - one copy of the document is sent to the debtor by registered mail. When there are arithmetical errors in the calculation, the debtor has the right to demand corrections. The bailiff will get a calculator, double-check everything and correct the errors.

If, in the opinion of the bailiff, there are no errors, but the debtor still does not agree with the amount, he can go to court with a claim to determine the amount of the debt.

It happens that the debtor for some reason did not receive a resolution with the calculation. Then he can personally contact the bailiff and get acquainted with all the documents on enforcement proceedings.

How to save, spend less and earn more

Each department of bailiffs has visiting days. These days, collectors and debtors come to get information about the progress of proceedings, to view or provide documents, to give explanations.

To find out when and where to come, use the Department Definition service on the website of the Federal Bailiff Service - FSSP. You need to indicate the city and street where the debtor lives, and the system will show which department of bailiffs he belongs to and when they are waiting for a visit there.

It is better to make an appointment in advance so as not to sit in a kilometer-long queue. This can be done through the service "Register for a personal appointment", if there is an account for public services. This is more convenient than unsuccessfully trying to phone the bailiff and arrange a meeting. The bailiff is a person who "has just been, but now he left, call back sometime later."

This way to find out about the debt has an obvious disadvantage. If 2 months or more have passed since the initiation of enforcement proceedings, then when visiting the bailiff, the debtor will draw up a protocol on administrative offense. As options for punishment - compulsory work up to 150 hours, arrest up to 15 days or a fine of 20 thousand rubles.

If you do not want to go to the bailiffs, you can request documents remotely. There are three ways:

  1. Send by registered mail an application for the provision of a decision with the calculation of the debt. The addressee is the territorial department of bailiffs where the enforcement proceedings are located.
  2. Apply to in electronic format through the online reception of bailiffs. It will have the same force as a paper letter.
  3. Send a request about the progress of enforcement proceedings through your personal account. You can also subscribe to information in this account, then all new regulations will automatically appear in your personal account.

How to find out the amount of maintenance debt at the MFC

The service is called so - "providing information about debts in the framework of enforcement proceedings." Before going to the MFC, call and check if they provide this service.

In most centers, employees are very surprised and say that they do not have access to the database of bailiffs. Most likely, the debtor will be offered to independently check the debts through public services or contact the Federal Bailiff Service of the Russian Federation directly. Therefore, even if information about the service is available on the MFC website, it is better to call in advance.

How to find out alimony debt on the Internet by last name

When you need to find out the amount of debt, and its calculation is not required, you can use one of these methods.

Through the official website of the bailiffs. Bailiffs maintain a database of enforcement proceedings, where there is information on all debtors.

To find information about all the proceedings of the debtor, you will need his name and surname. But, unlike taxes, loans and utility bills, maintenance debts in the database do not have a separate designation. It indicates only the document on the basis of which the collection takes place.

Therefore, it is sometimes necessary to determine whether this is alimony or something else by the method of elimination. Another clue - if the recovery occurs on the basis of an agreement on alimony, the column "details of the executive document" will indicate "a notarized agreement on the payment of alimony."

It happens that the bank hangs - then try again in a few minutes. There are also 2 additional bases on the site, where the most malicious debt evaders are listed - “Register of the Wanted for Enforcement Proceedings” and “List of Persons Wanted on Suspicion of Committing a Crime”. If the debtor has not paid alimony for a long time and is hiding from bailiffs, he should look for himself in these lists.



through public services. The portal of public services allows you to check the debt on bailiffs in a few seconds. By default, the system will substitute your data, but they can be replaced with someone else's if you need to check another person. The last name, first name and date of birth of the debtor will be required.

Here, too, there is no breakdown into alimony and other debts. All information is loaded from the database of enforcement proceedings of the FSSP.



To find out the amount owed, enter your first name, last name and date of birth. The application takes information from the same database of bailiffs. Therefore, when checking different ways the result will be the same.


Types of debt

There are 2 types of debt - the alimony itself and the penalty for non-payment.

The recipient and payer of alimony have the right to agree and conclude an agreement on the procedure and amount of payment. Such an agreement must be certified by a notary and has the force of an executive document. This means that if the alimony payer violates obligations, the recipient will not need to go to court. It is enough to take the agreement to the bailiffs, they will calculate the debt and begin to collect.

A copy of the order is sent to the debtor by mail. Within 10 days from the date of receipt of the document, he has the right to raise objections. The wording can be anything, even "I do not agree because I do not agree." If objections are received from the debtor, the magistrate cancels the order.

If the court order is canceled or when the case cannot be considered in the order of writ proceedings - for example, paternity must be established in parallel - the recipient of the alimony goes to court already with a statement of claim. Then a meeting is scheduled, the judge summons and listens to the parties, and makes a decision. If the dispute is won by the recipient of the alimony, he, after the entry into force of the decision, receives performance list.

A penalty is a penalty for delay. It has a lower priority of recovery compared to alimony. This is an ordinary debt, the same as a bad loan or a microloan. The debtor for the penalty will not be held criminally liable and will not be forbidden to drive. T-Zh already talked about the forfeit:

The penalty is collected only if the debt was formed through the fault of the alimony payer. To qualify for a forfeit, the recipient of alimony must apply to the justice of the peace with a statement of claim. The judge will check whether the debtor had valid reasons and make a decision.

When there is an agreement on the payment of alimony, the penalty is determined by its terms. If there is no agreement, a penalty is charged in the amount of 0.1% for each day of delay for each payment.

In addition, the recipient of alimony may recover additional losses from the debtor if they are caused by a delay and are not covered by a penalty. But compensation for non-pecuniary damage cannot be obtained - this is not provided for by the family code.

Still, alimony debt is conditionally divided into deliberate and one that arose through no fault of the debtor.

Intentional debt for alimony. It often happens that a person can pay child support, but does not want to. Such a debt is called "intentional", and the actions of the debtor - "malicious evasion". Here are the signs that indicate this:

  1. The debtor changes his job or place of residence, but does not inform the bailiffs.
  2. Hides his property - for example, re-registers a car for a friend.
  3. He lies to the bailiff about income or hides where he works and how much he earns.
  4. Officially does not work and does not want to register with the employment center.
  5. Does not fulfill the requirements of the bailiff - does not come on call, hides, does not provide documents.
  6. Even after being brought to administrative responsibility for non-payment of alimony, he continues to evade the return of the debt.

The debt is not the fault of the debtor. Here are some circumstances that indicate that a person is not to blame for the debt:

  1. Injury or illness due to which the debtor was unable to work.
  2. Military service.
  3. Serving a sentence in places of deprivation of liberty.
  4. The child permanently lives with the debtor and is on his full financial support. You can't take a kid to live for the summer and stop paying child support.
  5. Delay or non-payment of wages.
  6. The employer or the bank transferred the alimony money with a delay or not at all.
  7. Extraordinary events and natural disasters - fire, flood, tornado.

These reasons may or may not be considered valid, at the discretion of the court. Valid reasons indicate that the debtor is not at fault. They allow you to write off debts for alimony, avoid penalties, administrative and criminal penalties. But none of the reasons guarantees success - each case is considered by the judge individually, taking into account all the nuances.

How to pay a debt

There are several ways:

  1. On the website of bailiffs through the service "Data Bank of Enforcement Proceedings". Payment is accepted from bank card, through Yandex-Money, WebMoney, Qiwi wallet, from the balance cell phone. When the bailiff receives the money, he will send the debtor by mail a resolution on the completion of enforcement proceedings. The debt record will disappear from the data bank approximately one week after payment.
  2. In the salon "Euroset". To make a payment, you need to tell the cashier the number of enforcement proceedings, full name and telephone number of the debtor. They do not require a passport, they take only cash, they withhold a commission - 1.5% of the amount. The cashier will take the money and issue a cash receipt. It's better to keep it - it's proof of payment.
  3. By transfer through the cash desk of the bank or the Internet bank according to the receipt or details specified in the decision to initiate enforcement proceedings. The receipt can be obtained on the website of the bailiffs, and the decision comes to the debtor by mail.
  4. Through the terminals that are installed in the departments of bailiffs. Previously, it was possible to give money to the bailiff in the hands of a receipt book. Since 2018, receipt books have been canceled, and bailiffs have been banned from accepting money from debtors in cash.
  5. On the website of public services from a bank card.

Liability for non-payment

For malicious evasion of the payment of alimony, the debtor can be deprived of parental rights through the court. The rights will be taken away, and the obligation to support the child will be left - you still have to pay alimony.

The performance fee will be charged separately for each overdue payment. Here the debtor did not pay alimony for April, May and June. This means that not one, but three performance fees will be added to him.

Bailiffs know many ways to ruin the life of alimony defaulter. That's what they do to get money.

Take away a part wages on account of debt. For ordinary debts, bailiffs take up to 50% of the salary. But for debts for alimony for minor children, they have the right to withdraw up to 70%.

Impose a penalty on real estate and transport. The only apartment or house will not be taken away, so the debtor does not risk being on the street. But a car or other real estate can be collected on account of a debt.

Collect money from bank accounts. The bailiff will send requests to all banks to find out where open accounts in the name of the debtor and how much money is there. If the defaulter keeps the money in the bank, they will be written off as a debt. If there are not enough funds in the accounts, the bank will transfer money to bailiffs as they become available.

When the recovery occurs by a court order or writ of execution, the bailiff issues a decision to restrict travel. One copy of the decision will be sent to the debtor by mail, the other - to the border service of the FSB.

When the debtor tries to go abroad, he will not be released. It will not be possible to pay on the spot - the restriction will not be removed immediately after the debt is closed, it will take from 10 to 14 days.

If a debt is collected under a notarial agreement on the payment of alimony, then the prohibition is established in judicial order. With such a requirement, the bailiff or the recipient of alimony applies to the court.

If there is a court order or writ of execution, the bailiff issues an order that will temporarily restrict the debtor's right to drive vehicles - cars, planes, boats, motorcycles.

If there are no court documents, but there is only a notarial agreement, then the restriction is established through the court.

Themselves rights - plastic card- do not take. But when the debtor is caught driving, he faces administrative liability. Punishment - up to 50 hours of compulsory work or deprivation of rights for a year.

Such restriction cannot be applied when the debtor:

  1. Has a disability or is dependent on a disabled person.
  2. Can't work without vehicle. The taxi driver will not be banned from driving, and the pilot - at the helm of the aircraft.
  3. Lives in areas with limited transport accessibility. For example, the debtor settled in a remote village where buses, trains and minibuses do not go. To buy food, he gets to the nearest town by car. If you forbid him to drive, he will die of hunger.
  4. Received through the court installments or deferral of payment of the debt.

Take administrative responsibility. If 2 months have passed since the initiation of enforcement proceedings, and the defaulter has not repaid the debt without good reason, he is brought to administrative responsibility.

The bailiff draws up a protocol for the debtor and sends it to the judge, who makes a decision. The list of possible punishments includes compulsory work up to 150 hours, administrative arrest up to 15 days or a fine of 20,000 rubles.

They are brought to justice. After bringing to administrative responsibility, the bailiff waits another 2 months - suddenly the person comes to his senses and closes the debt. If not, the bailiff draws up a report on the presence of signs of a crime in the actions of the debtor.

The investigator checks the bailiff's report and documents on enforcement proceedings. He looks, whether deliberately the debtor did not pay alimony or he had a good reason. If there are grounds, the investigator initiates a criminal case, investigates, draws up an indictment and submits it to the prosecutor. Then the court considers the case and pronounces a verdict.

The maximum criminal penalty for non-payment of alimony is imprisonment for up to a year. In the Krasnodar Territory, a criminal case was opened against a man who did not pay child support for his daughter. First, Alexei was brought to administrative responsibility and assigned 40 hours of compulsory work. He served the punishment, but he still did not pay. Then a criminal case was opened against him. The debtor fully admitted his guilt, but this did not help. The court decided that Alexei would spend the next 6 months in a strict regime colony. In addition to non-payment of alimony, he had an aggravating circumstance - Alexei had previously been tried for theft.

Somewhere there is, but where is unknown. His relatives do not enter into inheritance rights - for example, they cannot take the property of a missing person for themselves.

In order for relatives to receive inheritance rights, the missing person must be declared dead through the courts. This is possible when there is no information about its location for 5 years.

It is possible even earlier - after 6 months from the date of disappearance, if the person disappeared under circumstances that threatened his life. For example, he was last seen when he was running away from a bear.

One woman left home and did not return. The police searched for her, but did not find her. After 5 years, her daughter filed an application with the district court for the recognition of her mother as dead - this was necessary to receive the inheritance. The court granted the demands of the daughter.

Exemption from debt

To write off the debt in part or in full, you need to go to court with a lawsuit. The debtor will have to convince the judge with facts and documents that he did not pay alimony for a good reason and is not to blame for the delay.

The judge considers valid reasons in conjunction with the financial and marital status of the debtor. For example, a person did not pay child support because he was injured and was in treatment. But now he has a good job and salary. Then the debt will not be written off, because it financial situation allows you to pay your debts.

Or a delay in alimony appeared, since the debtor was serving a sentence in a colony. He was released, saw the alimony debt, was horrified and went to court. The judge will find out whether the debtor was involved in paid work in places of deprivation of liberty, whether he refused to work, and what circumstances prevent him from paying the debt after release.

Remember

  1. Alimony is paid first. If they are not paid on time, you can get a criminal record.
  2. You can find out the debt for alimony from the bailiffs, at the MFC and on the Internet. The fastest on the internet.
  3. If the debt was formed through the fault of the debtor, it will be possible to recover a penalty from him.
  4. There are several ways to pay your debt. The fastest way is through the service "Data Bank of Enforcement Proceedings" and on the website of public services.
  5. Bailiffs have a lot of leverage to put pressure on non-payers of alimony. If you do not pay alimony without good reason, the debtor may be held administratively and criminally liable.
  6. If the debtor did not pay alimony for good reasons, and at the same time his financial situation does not allow repaying the delay, the debt can be written off.

Debt obligations for alimony payments are formed when the alimony does not pay in full or in part in favor of the alimony recipient (a minor child, former spouse or spouse with whom the non-payer lives in a legal marriage) the amount of payments accrued by order of a justice of the peace, a decision of a district court or by a notary agreement . If a court order, a writ of execution for a court decision or alimony agreement, which is equivalent in legal force to a writ of execution, is already with the bailiff, and he is conducting proceedings on them, then the debt will be officially recorded in the FSSP database. Fortunately, at present, its size can be checked online on the site without leaving home.

For verification, it is enough for a defaulter to indicate his full name and date of birth, as well as the subject of the Russian Federation in which he is registered. You do not need to provide a residential address. Next, the process of how to find out alimony debt via the Internet by the last name and first name of the person obliged to provide maintenance to the alimony recipient will be described step by step:

It should be noted that the database of bailiffs additionally contains the following information:

  • About existing restrictions, for example, on the seizure of property, deprivation of the right to leave Russia.
  • About the presence of outstanding debt on loans, except for mortgages.
  • About debts public services, taxes and insurance fees, as well as traffic police fines.

Causes of child support arrears

It is necessary to find out the reasons for the appearance of alimony debt in the following cases:

  1. When it is necessary to determine the past period of time for which it is necessary to collect the debt. The term is calculated based on the criterion of respectfulness or disrespectfulness of the reasons for the delay in payments. The presence of valid reasons from the debtor allows you to claim alimony only for the past 3 years before applying to the courts. The absence of valid reasons for the debtor leads to the fact that he will be obliged to pay the entire debt in full, starting from the day the maintenance obligation arises.
  2. When the court decides on the partial or complete removal of the debt from the non-payer, it examines the criterion of validity or invalidity of the reasons for the delay, and also assesses the income of the alimony (how much they are above the subsistence level) and the number of people who are already dependent on him. Please note that when a minor child acts as an alimony recipient, his parents do not have the right to decide on the cancellation of alimony debt or its reduction on their own, without the participation of a judge.

Specific lists of reasons that the law classifies as valid or disrespectful are shown in the table below.

good reasons Bad reasons
  • A serious illness that negatively affected the debtor's ability to work.
  • Force majeure circumstances. These include various natural disasters (avalanches, earthquakes, floods), man-made disasters (shipwrecks, accidents at hydroelectric power plants or nuclear power plants), declaring a state of emergency in the country, the country's entry into the war.
  • Imprisonment in the absence of the opportunity to work while there.
  • Wrongful refusal of a bank employee to process a payment in the name of alimony recipient.
  • Illegal refusal of the bailiff to receive money for alimony from the payer.
  • Bank failures.
  • Illegal inaction of employees of the organization in which the alimony payer works. It usually consists in the fact that the accounting department does not withhold part of the salary of the alimony payer and does not transfer money to the accounts of the bailiffs.
  1. The debtor has no income because he is unemployed and is not registered with the employment service
  2. Difficult financial situation due to debts on loans, debts to business partners.
  3. Bankruptcy.
  4. Explanation of non-payments by the obligation to support other dependents. In this case, the debtor, as a justification for his actions, must have at least one good reason indicated in the column on the left.
  5. Other actions indicating evasion from fulfillment of obligations without valid circumstances.

Methodology for calculating debts for alimony

According to Russian law, the obligation to calculate the amount of maintenance debt rests with the bailiff. The debt is determined by him on the basis of the amount of alimony payments established in the agreement between the alimony payer and the alimony recipient or in a court decision. To the amount of the debt, in addition, is added the amount of the penalty or other penalties imposed on the debtor in case of late payment of maintenance.

Of course, the calculation of the bailiff is not the ultimate truth, and it can be challenged by both the non-payer and the alimony collector. The procedure for challenging is specified in the Code of Administrative Procedure. The steps you will need to follow to appeal will be described at the end of the article.

Based on income statement

If the alimony is officially employed and has an official salary or has documents that confirm the amount of his income, for example, tax return, then the debt is calculated based on 3 variables:

  1. The amount of income.
  2. Delay period.
  3. Number of children (1 child - one quarter of earnings, 2 children - one third of earnings, 3 or more children - half of earnings).

Let's illustrate the above with the following example. Suppose a non-payer has 1 child, the salary is 40,000 rubles, and he has not paid alimony for 12 months. Since he must give one quarter of his income every month to support 1 child, the amount of alimony is 10,000 rubles. Next, we multiply 10,000 rubles. for 12 months and get a debt of 120,000 rubles.

Keep in mind that the debt will be reckoned only with the so-called "white" salary. In practice, quite often there are cases when debtors collude with the management of the organization where they work. As a result, the payroll of the organization indicates a salary less than it actually is. Consequently, the obligated person pays less alimony than he should have paid.

In addition, the alimony payer is obliged to inform the bailiff and the alimony recipient about additional income if the recipient of cash payments are minor children. However, in reality this happens extremely rarely, since criminal liability is not provided for this violation.

Based on the size of the average salary in the Russian Federation

The debts of a non-working alimony payer or alimony payer who does not have documentary evidence of income are calculated according to a different scheme. When calculating, the bailiff is guided by the average salary in Russia according to Rosstat at the time of collection.

We illustrate the calculation procedure with the following example. The defaulter has 1 child, the delay period is 12 months, and he is not officially working. In 2017 in Russia according to the Federal State Statistics Service average salary was 35,845 rubles.

Thus, the monthly amount that the obligated person must pay for the maintenance of 1 child is 35,845 rubles. x 0.25 \u003d 8961, 25 rubles. To calculate the total amount of the debt, we multiply 8961.25 rubles. for 12 months and get 107,535 rubles.

Third technique

This technique is used in 2 cases:

  1. Alimony was originally collected in a fixed amount by court or by agreement.
  2. The two debt calculation methods described above significantly violate the interests of either the debtor or the recoverer. In this regard, one of the parties may apply for protection to the court so that it determines the amount of debt in a fixed amount.

In this case, calculating the amount of debt is very simple. For example, in a maintenance agreement or a court decision it is written that the obligated person must pay 7,000 rubles every month for the maintenance of 1 child. The payment delay is 12 months. Thus, the amount of debt is 7,000 rubles. x 12 months = 84,000 rubles.

In addition to the right to the amount of the principal debt, the recoverer may demand from the non-payer the amount of the penalty. Lawyers understand the forfeit as monetary sanctions that encourage the obligated person not to violate the obligation assumed, in particular, not to miss the deadline for the next payments. The penalty amount is:

  1. Half a percent per day for each day overdue, if the alimony is ordered by the court.
  2. In the alimony agreement, the parties themselves determine the amount of the penalty or prescribe other forms of liability for late payments.

A penalty may be charged if the conditions described below are simultaneously met:

  • There is a court decision or alimony agreement certified by a notary.
  • The alimony agreement or the writ of execution were handed over to the bailiff for execution.
  • The payer is late with the payment.

However, if the payer provides documentary evidence that he could not transfer maintenance payments for good reasons, the penalty cannot be charged.

It is also important to know at what point the application of penalties begins. By default, the penalty begins to be charged on the 1st day of the month following the month in which the alimony made a delay. For example, alimony was not paid for April, therefore, the penalty begins to be collected from May 1.

The alimony agreement may establish a different procedure. For example, the last day for the payment of alimony under the agreement is the 26th day of each month. In it, you can set that the penalty starts to be charged from the next day, i.e. 27 numbers.

The calculation of the debt and the amount of penalties is the responsibility of the bailiffs, however, interested parties should definitely know the calculation procedure in order to control them and, if necessary, challenge the calculation. Bailiffs usually use one of the two formulas described in the table below.

Formula #1 Formula #2
  1. The number of days in a month.
  2. Penalty percentage.
Let's illustrate the calculation procedure with an example. Suppose the debtor did not pay child support for 2 months (July and August). In each month, he must pay 10,000 rubles. The penalty interest is 0.5% per day. Penalty for July: 10,000 rubles. x 31 days x 0.5% = 1550 rubles. Penalty for August: (10,000 rubles + 10,000 rubles) x 31 days x 0.5% = 3,100 rubles. Consequently, total amount the penalty will be 1550 + 3100 = 4650 rubles.
3 variables are multiplied together:
  1. The amount of debt in the billing month.
  2. The total number of days the payer was in arrears.
  3. Penalty percentage.
Let's show the calculation procedure with an example. Suppose the debtor did not pay child support for 2 months (July and August). In each month, the payment amount is 10,000 rubles. The penalty interest is 0.5% per day. Penalty for July: 10,000 rubles. x 31 days x 0.5% = 1550 rubles. Penalty for August: 10,000 rubles. x 62 days (31 days in July + 31 days in August) x 0.5% = 3100 rubles. Consequently, the total amount of the penalty will be 1550 + 3100 = 4650 rubles.

If the above formulas are incomprehensible, and the process of calculating the penalty is difficult, you can use a specialized calculator designed to calculate penalties for maintenance debts by clicking on this link.

The procedure for indexing debt on alimony

Indexation is a recalculation of the amount of alimony collected on a monthly basis, which is carried out periodically in order to protect the alimony recipient from the negative effects of inflation. Its necessity is due to the fact that alimony are among the long-term payments, and, therefore, subject to depreciation. Indexation can only be applied to the types of maintenance payments described below:

  1. Payments assigned in the form of a fixed amount.
  2. Payments assigned as a share of the child's subsistence minimum in a constituent entity of Russia or a multiple of the same subsistence minimum. If the size of the child subsistence minimum is not established in the region of Russia, the size of the child subsistence minimum, fixed at the federal level, is applied (in 2018 it is equal to 10,181 rubles).

The Family Code establishes that only 2 categories of persons have the right to index:

Explanation of formula names:

  • NPM - new living wage, in rub.
  • SPM - the old cost of living, in rubles.
  • AL - alimony before indexation, in rubles.
  • ALI - indexed alimony, in rubles.

Let's illustrate the calculation procedure with an example. Let's say that in 2017 the living wage per child was 9,000 rubles, and in 2018 it was increased to 10,000 rubles. The amount of monthly alimony paid before indexation was 5,000 rubles in 2017. It follows that after indexation, the alimony payer will have to pay every month 10,000 / 9,000 x 5,000 = 5555.55 rubles.

The increase in maintenance payments and the recalculation is approved:

  1. The decision of the bailiff.
  2. By order of the management of a legal entity or individual entrepreneur.

At the same time, one should not forget that the alimony claimed over the past 3-year period must also be indexed. If the bailiff forgot to do this, it is necessary to file a complaint with the head of the bailiff service or his deputy and demand that the alimony be recalculated, taking into account indexation.

List of documents for filing a claim

If, in the opinion of the applicant, the bailiff incorrectly calculated the debt, his actions can be challenged in administrative proceedings in district court at the place of performance by the bailiff of his duties. The plaintiff has 10 days from the date of receipt of the decision with the calculation of the amount of the debt in order to appeal it.

Sample statement of claim can be found. Simultaneously with the application, the following must be submitted to the court:

  1. A copy of the decision on the basis of which enforcement proceedings were initiated.
  2. A copy of the resolution on the calculation of the debt.
  3. Evidence of the erroneous calculation, for example, receipts of the alimony recipient; extracts from bank account; testimonies of witnesses who saw that the debtor provided for young children.

The case is considered in court within ten days from the date of receipt. In addition, the non-appearance of the parties does not lead to a postponement of the process, as in civil proceedings, which significantly speeds up the proceedings.

Depending on the decision made, 2 scenarios are possible:

  1. The plaintiff won the case, and the court declared the bailiff's calculation invalid. In this regard, the bailiff is obliged to redo the calculation within a month and transfer it to the plaintiff.
  2. The plaintiff lost the case and can appeal to the appellate instance within 1 month. The countdown starts from the day when the final decision is made.

The amount of the state duty

For challenging the actions of the bailiff in court, the applicant must pay a fee, the amount of which is 300 rubles. It is paid before filing a claim, and the check, which acts as proof of payment, is attached to court documents.

The case described below was considered by the Noginsk City Court of the Moscow Region in November 2017.

The plaintiff objected to the amount of alimony arrears presented for payment, which was calculated by the bailiff and indicated in the decision on the calculation of the debt. The objections were based on the following arguments:

  1. From the day the justice of the peace issued a decision on the basis of which alimony was collected from the plaintiff, and until the end of October 2017, he lived with his ex-wife and two children and fully provided for them.
  2. Due to the fact that the former spouses ran a joint household and kept minor children together, the decision of the bailiff to calculate the debt is contrary to the law, since the parent who lives separately from the children must pay alimony.

In turn, the defendant (bailiff) told the court that, on the basis of the decision of the magistrate, she began enforcement proceedings and sent an order to foreclose on wages to the plaintiff's employer. However, at the end of October, the plaintiff's ex-wife turned to her and explained that the decision to foreclose on wages was not being enforced. After that, the enforcement proceedings were resumed, and the defendant calculated the amount of the debt. The plaintiff did not provide any evidence that he paid alimony, therefore, the calculation should be considered correct.

The ex-wife came to the court session together with the defendant. She confirmed her testimony.

The judge found that the defendant's arguments were substantiated, since they were supported by documents issued by her in the course of enforcement proceedings. In addition, the cohabitation of the plaintiff with minor children:

  1. It is not evidence of the illegality of the calculation made by the bailiff.
  2. It does not prevent the ex-wife from transferring the decision of the justice of the peace to the bailiffs for enforcement.

The plaintiff did not prove that he supported his children. This could be done using receipts confirming the transfer of money to the former spouse, or extracts from bank account, or based on the testimony of witnesses who saw how he handed over the money. At the same time, the bailiff did not violate Russian legislation, which means that his actions are legal. Therefore, the plaintiff's claim cannot be satisfied. explains how child support is indexed.

You can forcefully collect alimony from the debtor through the court. From the moment a court decision is made on the need to pay alimony, a citizen begins to accumulate debt if he does not transfer the due amount to the account of the main guardian. You can find out the child support debt by last name via the Internet in several ways, which will be discussed below.

Table of contents:

How to find out the amount of alimony debt online

You can check the child support debt via the Internet, thanks to the global database of debtors, which is compiled by the federal bailiff service. There are several ways to access the database, both from a computer and from mobile devices.

Checking alimony debt through the website of bailiffs

Official resource of bailiffs Russian Federation- this is the site http://fssprus.ru/. Through it, anyone can find out about their debts, including alimony. To check the amount of debt through the resource, you need to do the following:


Note: If a citizen has no debt, the corresponding window will notify him of this.

It is worth noting that when displaying information about the amount of debt, the contacts of the bailiff, who is the executor of the judgment, are also indicated. You can contact him to clarify the details of the payment of the debt.

Checking alimony debt through the State Services website

Website public services allows not only to order services, but also to find out various information. With the help of it in your personal account you can find out the debt for alimony. For this you need:


AT as soon as possible a check will be made on the presence of debts in the database, after which it will be possible to familiarize yourself with the received information in your personal account.

Checking debt by last name through the application

As computers are used less and less, and they are being replaced by mobile devices, federal Service bailiffs has developed special applications for citizens through which you can find out about alimony arrears by last name. At the moment, you can download the FSSP application:

All applications have the same functionality, and they allow you to find out about the debts of a citizen by his name, surname, patronymic and date of birth.

It is worth noting that similar applications for checking alimony debt can be found on various social networks - Vkontakte, Odnoklassniki and others. The principle of their work is similar.

How to find out the amount of alimony debt from bailiffs

If there is no opportunity to use the Internet, a citizen has the right to contact the bailiffs to find out the alimony debt. To do this, you must come to an appointment with the bailiff and give the name of the alleged debtor in order to obtain the necessary information.

In comparison with methods for checking alimony debt via the Internet, the option of visiting bailiffs in person has a number of disadvantages:

  • Only the debtor himself or the citizen who is entitled to payments on this debt can receive information about the presence or absence of a debt from the bailiff. That is, a bailiff who is simply interested in information about the debt has the right to refuse to receive it;
  • Before visiting the bailiff, you need to find out at what time he receives citizens at the workplace;
  • There is a high chance that you will have to stand in line.

In addition to a personal visit to the bailiff, it is possible to remotely send an application to request information. A citizen has the right to send an official request to the bailiff unit for information on the presence / absence of debts. The advantage of this method is obvious - the presence of official paper indicating the amount of debt. But there is also a clear minus - the answer to such a request can be received for several weeks.

Alimony debt may be formed for the non-payer, as in the case of the appointment of payments through voluntary notarial agreement, as well as when collecting funds by judicial enforcement.

If the funds cease to flow to the claimant for any unjustified reason, the case is considered bailiffs. They are obliged to follow the law and apply to the alimony payer the entire range of effective measures aimed at repaying the debt. depends on the size of the debt and reasons for evasion.

How to find out child support debt

You can check child support arrears using various sources:

Alimony can use the most convenient way and find out how much you need to pay in order to timely and not allow it to accumulate for a long time.

Ignorance of the existence of a debt and its amount does not protect a citizen from penalties in the event. Financial support for disabled needy family members is a duty to be fulfilled.

How to find out child support debt online

Sometimes citizens do not have time to personally clarify information with bailiffs. In this case, modern technologies help to solve the problem. You can check the outstanding debt for alimony without leaving your home via the Internet using computers, mobile phones and tablets:

Some online resources provide an opportunity to find out the amount of debt that has arisen not only the payer, but also the recipient of alimony in the event of a prolonged lack of income.

Easy access to information about maintenance proceedings online is convenient, but is associated with some limitations. To apply to the court on debt issues (penalty write-off, reduction of the debt balance, etc.), the applicant must personally visit the branch of the UFSSP. The bailiff will issue the original resolution on the calculation of the debt with a "live" seal and sign it.

To avoid misunderstandings, it is important to use one of the several official government portals and not rely on unofficial methods to obtain information.

Find out alimony arrears by last name online through the official website of the FSSP

On the official website of the UFSSP, you can refine information about the enforcement proceedings conducted in case of late payment of alimony.

Step-by-step instructions for obtaining information about alimony debt on the FSSP website.

As a result, the following information will appear on the screen.

  1. Number of enforcement proceedings (IP).
  2. Details of the document on the basis of which alimony is collected (court order or writ of execution).
  3. Information about the presence or absence and its size.
  4. Surname and initials, as well as contacts of the bailiff in charge of the case.

If there is no fact of debt, the system will also show this information.

On the official website of the bailiffs, the alimony payer will not only be able to find out the amount of the debt online, but also pay it remotely using the proposed virtual payment systems. In this case, the money is first credited to the settlement account of the UFSSP branch, and later transferred to the recipient.

Using the official website of the FSSP guarantees receipt of information on the amount of debt and helps to pay it on time.

How to find out the debt on alimony through the State Services

If a person is registered on the information portal, you can also get information about the maintenance debt using this service. If a citizen does not have a personal account on the State Services, it is necessary to pre-register.

The algorithm of actions for obtaining information on IP on the State Services portal in the personal account is as follows:


As a result, the program requires sending an electronic application to provide the information of interest (for example, information about the progress of enforcement proceedings or about the presence and amount of maintenance debt). The site will also require the applicant number of initiated enforcement proceedings, which is not entirely convenient, since it is far from always known to the parties to the case.

At the State Services, information from the databases does not appear immediately, but after a while it is brought to the applicant in the form of a text file-letter in the "Personal Account" of the site. Information can be sent to email alimony.

Social networks "Vkontakte" and "Odnoklassniki"

On social networks such as VC and Classmates, users also have the opportunity to view the debt through special application « Enforcement proceedings data bank”, similar to the one on the official website of the UFSSP. To receive information, you must fill in the indicated fields.

Collectors and debtors can find out here information of interest about alimony proceedings (including those related to existing debts), as well as receive updates on changes (for example, an increase in the amount of debt, information about its repayment, etc.).

Similar programs can be found in the official application directories for Android and iOS smartphones (for example, the application from the FSSP in the Google Play catalog).

How to find out the debt on alimony from the bailiffs

Only direct participants in enforcement proceedings(debtors, recoverers and their authorized representatives) have the right to learn information about the debt. Providing information about unpaid alimony in the instance is not carried out when calling by phone, since proof of identity is important.

Any third parties who are not related to the case cannot receive information about maintenance debts.

Example. Ivanov I.I. did not want to apply to the UFSSP department on his own and asked his second wife to visit the bailiff and find out the amount of maintenance debt for a child from his first marriage. An employee of the state agency did not provide the woman with information, since she did not have a power of attorney from her husband.

To obtain detailed information on the amount of maintenance debt from the bailiff, it is necessary:

  1. Contact the department at the place of initiation of enforcement proceedings on the reception day.

    Before visiting a state institution, it is important to call the department and find out the working hours of the bailiff in charge of the case.

  2. Have an identity document with you.
  3. Prepare to give the specialist an explanation of why the debt arose and how it will be repaid.

Being at a personal appointment with an official, the alimony payer may request debt settlement order by submitting an appropriate application. With the help of the document, you can get acquainted with the monthly accumulation of debt and its final amount, which will help control the accumulation of unpaid debt.

Sample application for a resolution on the calculation of debt

The debtor has the right to challenge the decision if he does not agree with the specified amount or sees serious violations of the law. It is possible to file a claim for recalculation and it is possible when it is formed due to the absence of the fault of the defaulter, as well as if there are other good reasons.

The advantage of obtaining information about alimony debt during a direct visit is contact with an official leading the production. The specialist will understand that the citizen is not hiding from the specialist, but, on the contrary, is interested in further cooperation and is a conscientious payer. This circumstance excludes the presence of malicious evasion from the payment of alimony and, accordingly, prevents the application of more severe penalties.

What is the penalty for non-payment of child support?

By law, alimony recipients are to socially unprotected sections of society whose interests are under special control and protection of the state (minor or adult disabled citizens). Therefore, for the delay in maintenance payments provided for the application of administrative and even bad debtors to the required amount.

In order for the bailiff to start working with the alimony payer, it is not necessary to have an impressive amount of debt - most unpleasant sanctions are provided for when a debt arises in the amount of 10,000 rubles or more.

If there is a debt to an unscrupulous alimony payer, the following are applied, which are established by law:

  • travel ban outside the Russian Federation;
  • arrest of bank (including credit) accounts;
  • confiscation of property;
  • restriction of freedom.

At the same time, the bailiff often does not report to the guilty person about the sanctions, prohibitions and deductions applied to him: certain measures of restrictions may become known later. For example, the alimony may not find out in a timely manner that it is impossible to leave the country.

Example. Ivanov I.I. had outstanding debts for alimony. The fact that he could not travel abroad, the man found out only at the airport.

Lawyers recommend alimony to start find out information in advance about the amount of the existing debt and be sure to start paying it in a timely manner. You can go to court to recalculate the debt, terminate proceedings or challenge the decision (if there are good reasons and evidence).