Each parent is responsible for a minor child. Unfortunately, in the event of a divorce, not all representatives are ready to bear a material obligation in the form of alimony payments for their child. As a rule, the defendant evades the payment of funds for the maintenance of the child either because of his absence at the place of registration, then because of the loss of his job, etc. How can we find levers of control in this situation? How to get the defendant to pay child support?
In connection with the decriminalization of Article 157 of the Criminal Code of the Russian Federation on July 15, 2016, the concept of "malicious alimony" officially disappears due to the different interpretation of this term. Some considered the defaulter to be malicious due to the period of his evasion from payment, others - according to the amount of accumulated debt. At the moment, the phrase "failure to fulfill alimony obligations" is widely used. Until the debtor is brought to criminal liability, he will incur an administrative penalty.
If the defaulter does not work anywhere, then the bailiffs apply at the place of residence of this debtor to recover his property. If the amount of the debt is less than thirty thousand rubles, the debtor can sell his property himself in 10 days and pay off his debt on alimony obligations. If the debt is more than thirty thousand rubles, then a specialized appraisal organization holds an auction within a month in order to sell the property. If it is not possible to sell everything at once, the bidding will be prolonged for one more month.
If the address of the defaulter is unknown to either the plaintiff or the bailiffs, then such a debtor is put on the wanted list. There are no restrictions on the search period provided by law. The bailiff service, in search of the defendant, makes inquiries to the regions where the debtor may presumably be. Responses to appeals do not come soon and often with information about the absence of a citizen at this address. The bailiffs will significantly speed up the search for the defaulter if the claimant knows information about the whereabouts of the debtor. If within a year the defaulter has not been found, then the plaintiff must take the appropriate certificate from the interdistrict search department for the court to recognize such a citizen as missing. After that, you should come to the social protection authorities to calculate the benefits.
The cooperation of the bailiff service and the migration service has a good effect on the payment of the debtor's alimony. When a non-payer applies for a passport, the latter may be denied due to the arrears of alimony arrears. The citizen pays the debt, sends a payment order by fax or e-mail. But the fact is that the bailiff will see the funds not earlier than in 3 days. This is due to the fact that the money first comes to the deposit of the management department of the Federal Bailiff Service. Then the bailiff transfers the required amount to the plaintiff, after which the case is closed. And only after this process, which takes on average 2 weeks, the debtor can leave the country.
The law on restricting the debtor in driving is effective. This law entered into force on January 15, 2017. The bailiffs send a decree to the traffic police that this citizen has no right to drive a car. Inspectors bring the defaulter to administrative punishment. And the bailiffs seize property in the form of a car and put it up for auction to pay off the alimony debt.