Debt collection on alimony is a significant problem that does not lose its relevance at the present time. Former spouses hide their property and incomes, hide from bailiffs and exactors, and in many cases are simply asocial people who basically do not want to pay money to support their children.
Alimony arrears arise when the person who is obliged to pay them and the person entitled to these payments enter into an agreement to pay, or there is a court decision to recover the alimony, but actually the payments are not made.
Debt collection under alimony is carried out during the three-year period that preceded the presentation of the agreement on their payment (notarized) or a writ of execution issued as the execution of the court decision for collection. If the deduction did not occur due to the fault of the person who was obliged to pay these funds, then they can collect the debt for the whole time, regardless of the three-year period.
The culpable actions resulting in the formation of debt are expressed by failure to comply with the legal requirements of the bailiffs, providing false information about their property rights, failure to report leaving the job, finding a new job, receiving other income or changing their place of residence.
The amount of funds for collecting debt on alimony is determined from their amount established by a court decision or an agreement on their payment. If the obligated person did not work or did not provide income documents during the period when he was supposed to pay child support, the debt is determined from the amount of salary that was accrued at the time of collection of the debt.
If, when determining the debt, a substantial violation of the interests of one of the parties to the obligations on alimony occurs, the victims can go to court to determine the amount of the debt based on material and family conditions and other circumstances that deserve attention. Recently, in legal practice, it often happens that, in addition to a sum of money, additional funds are recovered in order to reimburse the cost of clothing or medications, as well as partial or full compensation for the sanatorium treatment or rest of children on the provided checks.
Any of the parties may appeal its disagreement on the determination of debt by a bailiff in the manner prescribed by civil procedural law.
Under changing economic conditions, indexation of alimony is carried out . This is necessary in order to provide their recipient with the previous level of content.
The law provides for two types of liability for the improper performance of alimony obligations . Civil liability arises in case of late payment, criminal liability in case of malicious evasion of reimbursement of expenses for the maintenance of children. In the first case, if there is a fault of the obligated person, debt must be collected from him for alimony along with a forfeit, which amounts to half a percent for each day of delay of the entire amount of the debt.
These measures are not applicable to the payer if the debt was formed due to the guilty actions of other persons, for example, in case of untimely payment of salaries, improper transfer or delay of alimony by the bank, etc. The alimony payer can be held liable at the request of the recipient on the basis of a court decision.
The recipient also has the right to demand compensation for all losses that are not covered by the penalty, and to collect debts. Documents for this are transmitted to the judicial or executive bodies.