According to Chapter 13 of the Family Code of the Russian Federation, alimony obligations arise in relation to the maintenance of their minor children or disabled parents. Payments can be made voluntarily by drawing up a notarial agreement, or compulsory through a court.
Necessary
- - application to the court;
- - the passport;
- - birth certificate of children;
- - a statement to the bailiffs;
- - performance list.
Instructions
Step 1
You can receive compulsory alimony if there is no voluntary agreement on the maintenance of children or disabled parents.
Step 2
To enforce the recovery of alimony, contact an arbitration court or a court of general jurisdiction. Write a statement, indicate all the persons who need to be supported, their years of birth, degree of relationship.
Step 3
On the basis of a court order, a writ of execution will be drawn up, the requirements for which are subject to strict execution.
Step 4
You can file a writ of execution at the defendant's place of work or present it to the banking structures in which the defendant keeps his savings or to whose accounts all income is received.
Step 5
The time frame for starting the fulfillment of obligations under the writ of execution is limited to two months. Debt arises from the moment of a court order issued in a case on enforced recovery of alimony.
Step 6
If within the specified time frame you have not received a transfer in a fixed amount or as a percentage of all the defendant's income, you have the right to file an application with the bailiff service. If the defendant does not work, then this is not a reason not to fulfill his financial obligations in relation to the maintenance of minor children or disabled parents on the basis of the issued order.
Step 7
Bailiffs have the right to make an inventory of the defendant's existing property, sell it at an auction and contribute the entire proceeds towards extinguishing a claim for enforced recovery of alimony.
Step 8
For each day of delay in payments, you can demand a forfeit, which is equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each overdue day, calculated from the entire amount of the resulting debt.
Step 9
If the defendant's property is not enough to pay the debt obligations or it is not at all, then the debtor has the right to be involved in forced labor for the entire period of the alimony payment.
