Not all men, and recently women, have been striving to support, take part in upbringing and support their offspring from their former spouses. In this case, the injured party has the right to assistance from state bodies to obtain material support from a negligent parent.
Concept
Alimony is a regular and obligatory payment of an agreed amount by one spouse to another for the maintenance of a common minor child / children.
If the parents failed to resolve this issue between themselves or, after oral agreements, the party undertaking to pay the maintenance evades its obligations, the spouse, in the interests of his minor child, has the right to apply for recovery to the court.
Further, the issue is resolved either by signing a settlement agreement, or by passing a court order. In the first case, the conscientious fulfillment of obligations for payments falls on the shoulders of the spouse - the alimony, and in the second it can be regulated and controlled by a specialized federal body - the bailiff service.
Bailiffs are also involved in the event that the former spouse not only refuses payments, but also hides from collection, becoming a malicious defaulter. In this case, the procedure for tracing the alimony debtor is launched.
Starting procedure
This procedure becomes possible after a number of events:
- A court decision obliging one of the parents to pay for the maintenance of a minor child, entering this information into a specialized register and sending a copy of the materials to the place of work or service of the alimony.
- The alimony parent does not fulfill his duties: he does not transfer the amount agreed in advance, pays it irregularly or in a smaller amount.
- The ex-spouse evades responsibility and deliberately hides in order not to fulfill obligations.
In this case, it is necessary to contact the bailiff service as soon as possible. From the moment the debt appears and until the formation of a large amount of debt, it is much easier and faster to find an alimony parent and collect the debt from him.
However, the listed items are not a reason for the immediate listing of the debtor on the wanted list. The bailiff starts a lawsuit. After that, he sends a notification to the alimony about the occurrence of a debt at the place of residence. If the person does not appear for the conversation and in no way tries to contact the claimant to resolve the issue of repayment of the alimony debt, then the bailiff informs him of the possibility of being held liable for non-payment, collection and consequences.
In the absence of any reaction from the debtor and the impossibility of finding him in the usual ways, a court order will be issued to start the search procedure, and the alimony man himself will be put on the wanted list.
In the decision on the collection, the bailiff is obliged to indicate what measure of punishment will be applied to the defaulter. After that, the person is included in the list of debtors and is automatically deprived of the right to travel abroad.
Copies of this resolution are sent without fail to all participants in the enforcement proceedings.
Debtor search application
To start the search procedure, it is a prerequisite for the bailiff to have an application from the alimony claimant. It is written in any form, but with a certain structure and content. So the following columns will be mandatory for indication:
- address and department of the bailiff service (in the header in the upper right corner);
- Full name of the bailiff who will conduct the search activities (in the header in the upper right corner);
- Full name of the applicant (in the header in the upper right corner);
- in the middle - "Statement on the search for the alimony payer"; from the red line, the essence of the application to the bailiff service (presence of debt, term, amount of debt);
- an indication of all available information about the alimony worker, as well as third parties who may have information about the location, employment and property of the wanted payer;
- the purpose of contacting the bailiff service;
- basis for collection;
- date, signature.
The bailiff service officer considers this application within 3 days. In the event of a positive decision, they are issued a decree on the start of search activities. The application is registered, and a copy of it is sent to the last place of residence of the defaulter.
How is the search
Article 65 of FZ-229 states that work on the search for alimony recognized by the court as such should be carried out only by the bailiff service.
The purpose of the search is to establish the location of the materially responsible person, his property (movable, immovable) for prosecution and fulfillment of alimony obligations.
Search and search work can be carried out only after documentary confirmation. In addition to the statement, the claimant must confirm the existence of a court order on the entry of the wanted person into the register of alimony workers, as well as evidence of evasion of responsibility.
All actions of the bailiff must also be documented, therefore, a separate search file is opened for each application.
Search work is carried out in three main areas:
- at the last officially known place of residence;
- at the place of execution of the writ of execution;
- by the actual location of the property.
The bailiff service has a specialized department whose duties include finding non-payers and bringing them to justice. To do this, they are endowed with the following powers:
- obtaining personal data from the internal affairs bodies, tax authorities, the Pension Fund, the registry office;
- request for the availability of property in the BTI and the traffic police;
- verification of information in customs authorities;
- information about accounts, deposits, securities and their movements in financial institutions;
- interviewing relatives, friends, colleagues and other third parties who have the necessary information about the defaulter;
- departure to the location of the alimony's property for examination, assessment;
- search and use of information obtained from open sources of mass information, as well as pages from social networks, involving a private detective bureau.
When carrying out operational-search activities, the bailiff in charge of the case actively cooperates with other units of the FSSP, interacts with the police, traffic police officers to use the information they have, in particular, the discovery of unidentified corpses and persons who are not able to provide information about their identity.
If the debtor is found outside the territory belonging to the department that accepted the application, the bailiff conducting the case is obliged to transfer it to the bailiff, whose jurisdiction allows further search and search work to be continued.
Recognition as missing
According to Federal Law 229 and the Civil Procedure Code (Article 278), the operational-search measures of the alimony debtor are carried out throughout the year. After this period has expired and it is impossible to find the alimony, the case is closed. The applicant can apply to the bailiff service with a repeated application, but in the absence of a positive result, the defaulters may be declared missing.
In March 2018, an amendment was made to Article 65 of FZ-229, according to which the alimony, whose whereabouts cannot be established a year after the start of the operational-search activities, at the request of the claimant, is recognized as missing in court. he had alimony obligations, a survivor's pension is assigned.
Family members of a person recognized as missing are recognized as family members of the deceased breadwinner after a court ruling. If among them there are disabled, minors or dependent persons, they can also apply for a survivor's pension.
Bringing to responsibility
In the case of contacting the bailiff service, it is obvious that the alimony becomes a malicious defaulter. Therefore, the bailiff has the right to apply to him some measures of administrative responsibility:
- deprivation of a driver's license;
- a fine of up to 25 thousand rubles;
- a ban on traveling abroad;
- community service up to 150 hours.
If these measures did not have the desired effect, but the debtor is already threatened with criminal liability. This can be arrest for 15 days, correctional labor or imprisonment for up to one year.
Such a high measure of responsibility can only be applied by a court decision. But this is done extremely rarely, because it becomes difficult to collect alimony.
In the event that the debt becomes large, and the alimony manager does not have the opportunity to pay it off in the near future, or he refuses to fulfill his obligations, on the basis of the decision of the bailiff service, the alimony's property can be arrested and sold at auction. After withholding the amount of debt, the remaining part is returned to the defaulter.
Postponement of performance of obligations
The legislation provides for a list of cases when the arisen debt of the alimony can be recognized as valid and a deferral is given for its repayment. It is not an aggravating circumstance and does not entail administrative or criminal liability.
The following reasons may be considered valid:
- change or loss of a job (it is allowed to reduce the amount of regular payments by agreement of the parties);
- health problems (only serious problems will allow the alimony to ask for a reduction in payments or their temporary suspension);
- complete or partial loss of ability to work (by a court decision, the payer can be exempted from payment until the restoration of ability to work or indefinitely).
Refusal to declare on the wanted list
According to the statement, an employee of the bailiff service can make not only a positive decision, but also refuse to accept it. Depending on the reason for the refusal to accept, the claimant can re-apply with the same conditions and reasons after a certain time or appeal the decision to higher authorities.
If a bailiff is caught in collusion or evasion from direct duties, punishment in the form of dismissal, deprivation of bonuses or prosecution may be applied to him.
When appealing in the appeal, it is necessary to indicate the date of submission of the application, the reasons and grounds for its rejection, the reason for the inaction, collusion or negligence of the bailiff considering the application, violated legal norms.
