Alimony Debt Statement: Sample. Application for collection of accumulated child support debt for maintenance of a minor child

Alimony obligations in Russia are not always fulfilled and not entirely honestly. Some mothers have long been waiting for their former spouses to comply with court decisions and peace agreements. But, as practice shows, the conscientious payment of alimony in Russia is an extremely rare event. Today we will try to understand how to write a statement on the calculation of debt on alimony. A sample of this document will be presented later. In addition, we will get acquainted in general with the procedure for collecting debt on child support for minors. What needs to be considered in such circumstances?

Who is eligible?

To begin with, we will figure out who can act as an applicant in the matter under study. The following persons are entitled to collect arrears of alimony:

• the parent with whom the child lives;
• guardians or adoptive parents;
• child protection.

Any legal representative who takes care of a minor is able to bring the idea to life. Most often, mothers of babies become applicants. But under certain circumstances, a child who has already grown up may demand compensation for child support debt.

How much can I charge?

Some are interested in how long a child support may be required. An application for the calculation of debt on alimony (a sample of it is presented to our attention below) is submitted to the appropriate authority, depending on the situation. Circulation and repayment periods vary.

Here may be the following options:

1. There is no court decision, the person did not pay child support voluntarily. Debt is collected only for the last 36 months from the moment of requesting the corresponding request.
2. There was a voluntary payment of alimony without trial and peace agreements. Only money is collected for periods when there were no money transfers. For example, over the past few months.
3. There was a court ruling or a formal agreement. Debt is collected for the entire period of delay - at least 2 months, at least for all 18 years.

Where to go

Where to file an application for calculating child support debt? This question worries many citizens. After all, it is always important to understand where they will help solve the problem.

If there was a court decision, then the first thing will have to apply to the UFSSP of Russia. They will help in calculating the debt and issue a certificate stating information about the debt.

Further (or if there was no court decision in principle), you will need to appeal to a magistrate court. It is necessary to come here with a statement on debt collection.

Data in the application

And what information should be in both mentioned documents? It is not so difficult to write a statement to the bailiff about the calculation of the debt for alimony, as well as about collecting the debt. Especially if you know what data necessarily contains treatment.

They usually indicate:

• name of the UFSSP of Russia / court;
• personal information of the applicant (surname, name, patronymic, address of residence);
• contacts for communication;
• information about the payer of alimony;
• document's name;
• information on enforcement proceedings, if any;
• information about the latest receipts of alimony;
• the period in which the funds were not transferred;
• request for calculation of debt / recovery of funds from the non-payer;
• list of documents attached to the application;
• date of request;
• signature of the applicant.

It is also recommended to indicate data on underage children who are paid in the form of alimony. Nothing difficult or incomprehensible!

About structure

Alimony for the maintenance of a minor child is collected, as a rule, in case of divorce. How to write a statement on debt collection and settlement?

We got acquainted with the basic information reflected in the document. And what about the structure of securities?

The statement of claim on the calculation of arrears of alimony and the recovery of the corresponding amounts has a clear form. More precisely, the structure. It is recommended to observe it in order to avoid unnecessary problems with accepting requests.

So, the request for the collection of accumulated debt for alimony should consist of:

1. "Hats". It is written in the upper right corner of the page and contains information about the court and the applicant.
2. Names. They write in the center of the sheet with a new line after the "header". Begins with the word "Statement."
3. Refinements. This is a continuation of the name. It is written a little lower with a small letter. For example, "... on debt collection for alimony."
4. The main part. Here it is customary to write the main idea and request when submitting a request.
5. The list of attached papers. It should be numbered.
6. Conclusions In this part, the cottage of the application is written and the signature of the applicant is put.

Perhaps this is all that a citizen will have to remember without fail. The sample application for the calculation of debt on alimony, proposed to attention, consists precisely of such components.

Presentation form

Some are interested in the presentation of the paper being studied. Everything is extremely simple here - usually an application is submitted in writing. It is filled either on a computer or by hand. Nothing difficult or incomprehensible.

Oral treatment in the studied situation does not take place. But you can contact the previously mentioned services by e-mail. Electronic applications are not yet in special demand among the population.

Otherwise, there are no special requirements and norms for the preparation of claims. They are written in free form, taking into account the peculiarities of office work.

Terms of consideration

We figured out how to draw up a statement on the calculation of debt on alimony. How long will the relevant request be considered?

By law, 30 days are given for an answer. They cannot refuse to accept the request. This is prohibited by Russian law. The claim for the recovery of alimony is also considered no more than a month. But, as a rule, the corresponding decision is made faster.

Documentation

You can check the availability of child support debt from the bailiffs or from their website. What documents are useful for filing relevant claims? Without some papers, circulation does not take place.

Most often, citizens are required to:

• lawsuit;
• applicant's passport;
• birth certificates of all minor children;
• certificates from bailiffs (if any);
• income documents;
• certificate of marriage or divorce;
• extract from the house book;
• court decision / alimony agreement;
• evidence that the defendant did not pay (for example, a bank statement).

It is advisable to attach all of the listed papers along with their copies. Income statements can be replaced by any other evidence of profit of the parties. For example, an extract from the respondent's employer. If there is no information about where the alimony payer works, it is enough to bring a certificate of filing a request in order to clarify the situation.

After the trial

Suppose that an application for the calculation of debt on alimony (a sample of it is presented to attention) has been submitted. The bailiffs issued a certificate, and the legal representative of the child went to court to recover funds for the maintenance of the minor. What's next?

As soon as the applicant is in the hands of a particular court decision, it will need to be used. The plaintiff will be given:

• copy of the judgment;
• performance list;
• extract from the court order.

With these papers, you must come to the bailiff service at the payer's place of residence. All that remains is to wait. It is possible to contact the MTP at the place of work of the person. No further action is required from the plaintiff. The bailiffs themselves will enforce the collection of alimony from the defaulter.

Forfeit

It is worth paying attention to the fact that a citizen having debts on child support is a lot of trouble. The thing is that in this situation, the legal representative of the minor may apply to the court to recover the penalty. This is compensation for the delay, which is transferred to the disposal of the applicant.

The amount of the penalty is usually calculated on the basis of a 0.5% penalty for each day of delay. Exact payments are usually voiced by bailiffs. It is not recommended to independently calculate the penalty. After all, the risks of making mistakes are great. This can lead to the fact that the claim is not satisfied.

Otherwise, the principles for applying remain the same. In fact, everything is much simpler than it seems. Especially if you follow the tips and recommendations offered to attention.

Consequences of debt

What can child support arrears result in? In Russia, they are trying to fight this violation with all their might. And therefore, the consequences can cause a lot of trouble to the population.

In Russia for non-payment of alimony:

• restrict the movement of the debtor - travel abroad is prohibited;
• take away a driver’s license;
• “freeze” accounts;
• they arrest property and sell it, and the proceeds go to pay off the debt;
• designate the payment of fines;
• imprisoned (extremely rare);
• forced to compulsory or forced labor;
• arrested for a while.

Accordingly, it is better not to accumulate child support debts. And pay them if there was a forced recovery. Otherwise, the consequences will negatively affect the future life of a person.

Child support exemption

And when the legal representative can not pay child support for a minor child? And in what cases does the delay not entail any consequences?

As a rule, these are extremely rare situations. Usually they are classified as force majeure. Namely:

• the presence of one of the parties (or both) in a natural disaster;
• stay on the territory of hostilities;
• being in an area controlled by militants or terrorists;
• other force majeure circumstances independent of the parties.

Also, the debt will not take place if it is formed through the fault of third parties. Say, due to the slow operation of banks or failures in their systems.

You can not pay child support for:

• if the fact of paternity is not established;
• at the death of the child;
• after the majority of children;
• if it turns out that the children are not from the payer of alimony (provided there is no adoption and proof of fraud of a citizen).

In all other cases, child support is paid until adulthood or the emancipation of children. This is quite normal.

What does not exempt from alimony

Some believe that in the absence of a sufficient amount of finance from the child support payer, one can be relieved of responsibility for the maintenance of children. But actually it is not.

The following factors do not cancel child support:

• bankruptcy;
• low income;
• disability;
• disability;
• retirement;
• the birth of "new" children;
• regular maintenance obligations;
• taking loans and borrowings.

In reality, everything is simpler than it seems. If you observe the above features, then you can easily require child support, calculate them and recover.

Sample

The following is a sample application for calculating child support debt. This is just a template that can guide you in writing a lawsuit.

The general principles for creating this document are now known to us. More debt settlement for alimony and the recovery of the corresponding amounts will not cause any trouble.