Parents are obliged to support their children, regardless of their financial situation and other circumstances - this is enshrined in the Family Code of the Russian Federation. In case of divorce of spouses, a voluntary notarial agreement on the payment of alimony is drawn up or a decision on the payment of maintenance for the child is made by the court.
Necessary
- - application to the bailiff service;
- - an application to the court if the bailiffs are inactive.
Instructions
Step 1
In any case, the decision on payments is subject to strict execution and if the content is not received, then a debt is formed, which, according to Article 113 of the RF IC, is subject to repayment. In order to collect the debt for the maintenance of children, it is necessary to take a number of consistent steps.
Step 2
Failure to pay alimony threatens the debtor with penalties and the inability to travel abroad. The debt has the right to withdraw from any accounts of the debtor, as well as to make an inventory of his property, sell at auction and transfer the proceeds to support the children. The state is very strict about alimony debtors, because children should not suffer from the irresponsibility of their parents.
Step 3
In addition to the principal amount of the debt for the maintenance of children, a penalty can be collected from the debtor for each day of delay in payments. The amount of the penalty since July 20008 is 0.5%, until that time the penalty was charged at the rate of 0.1% for each day of delay.
Step 4
To recover the principal amount of the debt and the forfeit, contact the bailiff service, write a statement, indicate the amount of the debt, the forfeit and the delay period for payments. The bailiff must take measures to collect the debt within 10 days.
Step 5
If the bailiffs are inactive, apply to the court. By a court decision, the resulting alimony debt will be recovered. The debtor will be deducted not only from the debt, but also from the current amounts. Deductions can be 70% of all income, if there is no reason why such an amount cannot be deducted. Such reasons include: the presence of other dependents and the first group of disability in the debtor. In this case, a smaller amount will be deducted from the debt.
Step 6
The entire amount of the debt for alimony and the calculated interest of the forfeit must be paid until full repayment, even if the child has acquired full legal capacity and has crossed the threshold of majority. For this type of debt to be removed from the debtor, there are only two reasons, the death of the child or the death of the debtor himself.
