How to calculate debt by alimony. The main methods for calculating arrears in alimony with specific examples. If the debtor is officially unemployed

The appointment of alimony for a child by the court or signing the appropriate agreement between parents is not a guarantee that payments will be made by an alimate-bound face on time. Debt for alimony is listed according to statistics for each third alimonymaker. Therefore, the question arises how to calculate the arrears of alimony.

Sometimes it happens according to its fault: when an alimate-bent face is consciously not paying the payments appointed by the court or pays the amount less than the alimony law.

Sometimes for reasons that are independent of it:

• a sudden disease that manifests itself in severe, an alimate-bound person or his close relatives;
• reduction with the work held;
• accounting error at work, which has not translated the necessary funds on time;
• the error of the recoverer, which provided unreliable information about bank data for the transfer of money.

The main thing is to competently distinguish between the concept of debt on judicial alimony and the recovery of alimony over the past period. For example, if the woman after the divorce did not give to the alimony, and then sharply changed his mind and decided to catch the missed, then this is considered the recovery of alimony. If, during the termination of the marriage, all alimony issues were approved and approved by the parties, which the person who is obliged to pay the alimony, subsequently neglected, then this is already accumulated debt of alimony.

Ways to define debt

The monetary amount of alimony, which an alimate-bound person should translate to the recoverer, is calculated by calculating according to one of the three techniques.

With average earnings in the country

This method of calculating debt on alimony is used when the amount of income is unknown, which is obtained by an alimate-bound person. This can occur in two situations: if the payer did not provide data on his workplace, this is in the cases if the debtor does not work officially, or an alimony-payer is an individual who is engaged in entrepreneurial activities and does not disclose the judicial representatives information about its income.

Then the court takes maintaining money defined by the state for the average salary, multiplies it to the percentage that was revealed in advance by the document during a divorce or a notarial agreement between the former spouses, and multiplies it by the number of months established for the estimated non-payment of alimony.

The amount of average salary in the region is constantly changing, so the bailiff once per quarter calculates the debt again.

Suppose Ivanov lives in the Ivanovo region, is not officially employed and does not pay money to the child for 7 months, from February to September 2016.

The amount of average salary established in 2016 in the Ivanovo region was 21120 rubles. A child who owes the unemployed Ivanov alimony, he has one, which means, according to official legislation, it should be 25% of the amount of earnings.

This calculation is obtained: 21120 * 1/4 * 7 \u003d 36960.

Based on these calculations, we see that Ivanov should pay their child a sum of 3,6960 rubles in the expense of alimony debt.

From the income received

This method is applicable when payment of alimony for some reason was not produced, but the person who should pay alimony is officially recognized as working.

For a start, the court establishes sources of income that can be used to hold the required amount.

Then sublores income tax, in the amount of 13% and the result obtained multiplies to the share of income, awarded by the court in the process of divorce between spouses and the number of months in the period when there was no payment.

Take the following indicators for the calculated data: Petrov works in the official service and receives an income of 25,000 monthly. According to official legislation, he must give half of his income to the content of three children of the former spouse, but did not do this for half a year.

In this case, the basic amount is calculated to calculate the debt on alimony by deducting the income 13% tax: 25000-13% \u003d 21750.

The database for calculating the debt is 21750 rubles.

The following calculations are obtained: 21750 * 1/2 * 6 \u003d 65250.

As we see, the amount of 65250 rubles the debtor will be obliged to pay his three children for an overdue period.

With the size of the subsistence minimum

Calculation of alimony debt looks like this.

The coefficient appointed by the court (its size depends on the specific circumstances), is multiplied by the size of the subsistence minimum established by the official legislation, and all this is multiplied by the number of months for the non-payment of alimony.

The amount of the subsistence region in each region is changing once a quarter. Consequently, the size of the alimony is also indexed quarterly and constantly changing.

Suppose Andreev, living in the Perm region, was obliged to pay the alimony to his children in the amount of two subsistence minima in the region. But he did not do this since February 2016 to May 2017, it turns out for 4 months.

The size of one subsistence minimum per month in the Perm region on the child at the time of the cessation of payment - 9754 rubles.

It turns out, according to the calculation formula: 2 * 9754 * 4 \u003d 78032.

Thus, the non-payer owed his children a sum of 78032 rubles.

If we assume that Andreev did not pay alimony not only from February to May 2016, but also in the period starting from January to April 2017, then the calculation will be different.

As written above, the amount of the subsistence minimum in 2016 is 9754 rubles. In 2017, this amount increased to 9839 rubles.

Thinking up the amount that an alimate-assembly face owe for 2017:

It turns out that the amount of 59034 rubles, the non-payer must be his children.

To get the end result, you will need to fold the two obtained indicators for both years together:

78032+59034=137066.

Monetary payments in the amount of 137066 rubles an alimony-payer will have to pay his children for these two periods.

The procedure for determining debt

Definition of alimony debt can occur in 3 years preceding the claim.

Even if the judicial fee or the executive document was received 10 years ago, the amount will be calculated anyway for the last three years. An exception to this rule is a complete non-payment of alimony for children. In this case, the entire period of the estimated period of non-payment is taken into account.

Who and how is the arrears of alimony calculated? The procedure for calculating alimony debt is made only by bailiff. The calculation of the alimony is calculated in a certain way, which depends on the appointed form of payment of money for the maintenance of the child.

If the alimony payer had to pay the necessary amounts in accurate fixed size each month, then the addition can calculate the debt amount by the level of the subsistence minimum in the region.

If an alimony-bound person should have paid alimony in interest rates on the size of its income, then the method of determining the level of salaries of the alimonymaker is used.

If the payer of the alimony is not documented, then in order to calculate the amount of debt use the method of calculating the average wage in the region.

Calculation of debt bailiff

In order to find out the amount of debt, it is necessary to write a statement by the bailiff in which you need to specify the data:

• bailiff: initials, as well as the address of the service where it works;
• charger: initials, number and passport series, by whom and when issued, registration data.
• on enforcement proceedings.

Sample Application of Debt on Aliments Judicial Best can be downloaded on the Internet.

The application is written in 2 copies, one of which remains from the applicant, and the second from the bailiff.

As soon as the bailiff receives a statement from the recipient of the alimony, it is obliged to conduct the necessary settlement within two weeks and write out the plaintiff to calculate the alimony debt. If you are denied the acceptance of a statement, the addition will delay the terms of the calculations or returns to you at all, then such actions on its part are considered illegal and must be appealed in court.

The bailiff will issue a decree on the calculation of the debt, with which the plaintiff can go to court.

Based on open office work, the court will force a malicious defaulter to make payment of the required amount of alimony or change the amount of monthly payments. The world court must fix its solution in the executive list. His plaintiff will be able to get through the judicial office.

The court can confiscate the movable and immovable property of an alimate-visual face and put it on sale at the city auction, and the resulting profit will be paid to the payment of existing debt.

As well as the defendant, the official decree may be limited to movement beyond the Russian Federation until the moment before the child will be completely repaid.

Debt settlement decision

The decree on the calculation of the debt issued by the bailiff is an important document for obtaining the required debt.

Information about: Information about:

• the grounds on which the amount of debt is calculated;
• information data about each of the parents of the child;
• information about the time interval, during which the payments were not made to the expense of alimony;
• information on which method of three possible, was used by the bailiff for calculating the debt;
• and of course, the final result of all the calculations.

With this document, the plaintiff may also request an increase in the amount of debt due to or additional funds for the penalty.

Debt on the settlement of debt can also be used. For example, if you wish to reduce or anticipate your aliminal debt with the help of a claim in the world court.

Do not get upset if your spouse or spouse does not fulfill your duties on the content of your common child divorce in full. You can always find a solution for such situations, the main thing is to act.

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Viktor Selianov

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The current legislation establishes that the calculation of arrears on alimony is carried out by the bailiff and is governed by the norms of the Family Code of the Russian Federation and the Law on Enforcement Proceedings.

Cases in which debt settlement is carried out

Grounds for calculating debt on aliminal obligations:

• by the tribunal's decision;
• according to the recipient's payments in the presence of an alimony agreement.

Calculation of alimony debt is made from the date of submission of the application and for a period not exceeding three calendar years. The exceptions are cases where the defendant shied away from payments, despite the notarial agreement on the payment of alimony. Here the recovery is carried out for the entire period of debt. According to this principle, debt charges from the defendant, evading the execution of a court decision on the payment of funds for the maintenance of children. Only in this case the penalty in the amount of 0.5% of the obligations put on the defendant for each day of delay in the defendant is paid.

Causes of debt:

• intentional evasion from paying funds;
• error intermediary (employer accounting, a banking institution through payments, etc.);
• refusal of the recipient from the transferred money (in fact, the alimony is paid, but the addressee to receive them refuses);
• the lack of payment in view of serious causes (illness, lack of work, severe financial condition).

Calculation of alimony debt is carried out by an authorized attachment. Previously, he studies the causes that led to the debt to determine the period for which the calculation will be carried out.

Debt Calculation Based on the subsistence minimum

This calculation method is practiced in cases where an agreement on a fixed amount of payments was concluded between the parties or the amount of deduction was prescribed by the court. In each of these cases, the final value is set to a multiple of the subsistence minimum.

The calculation of alimony debt is made quarterly based on the change of the subsistence minimum (to a smaller or most side). If the deductions were not carried out, the amount of debt is calculated, pushing out from the last value of the indicator.

Calculation of debt on alimony from the income of the alimonymaker

This method is used when the defendant has official sources of income, which pays NFFL. The calculation takes the average income for the entire period of delay. The legal contractor, the necessary information can be obtained in two ways: directly from the employer of the defendant or on request to the tax inspectorate.

The alimonymaker for 8 months preceding the application day did not produce alimony payments. The bait was found that its average income over the past period amounted to 53,000.00 p. less taxes. The alimony rate is 0.25 from income.

Aliminal duty will be calculated as follows:

53000.00 x 0.25 x 8 months \u003d 106000.00 p.

If the alimonymaker receives equal amounts of salaries monthly, the need for medium income calculation disappears.

The procedure for the recipient's action

If the alimonymaker fully or partially refuses its obligations to keep the child by concealing income or direct evasion from paying appropriate alimony, certain methods of punishment can be applied to it:

• criminal liability, up to imprisonment;
• possible deprivation of parental rights;
• calculation and payment of a penalty for debt.

Before calculating alimony arrears, the recipient should apply to the bailiff, leading this production, a claim for determining the amount of debt. Having received a lawsuit, the abillment carries out the necessary calculation and issues a decree on calculating the alimony debt, with which the plaintiff should appeal to the world court demanding to recover an aliminal debt over the entire non-payment period.

After reviewing the materials of the case, the court has the right to make a decision on the full recovery of debt or about changing the amount of payments. The decision of the court is fixed in the executive list, which issues the judicial office.

If necessary, an arrest is superimposed on the property of the defendant and a ruling is issued to leave the country to the moment of cancellation of debt.

In the event that there are no data not only about the debtor's incomes, but also about its location, bailiffs take certain measures to detect it. If it did not bring this results, the abillment of the decision on the search in the Department of Internal Affairs at the place of its registration.

The appointment of the payment of alimony for the maintenance of the child or signing a voluntary agreement in the notary is not a guarantee that the alimonymaker will regularly fulfill its obligations. Frequently often payments come irregularly, their sums are changing or allocating funds for the maintenance of the child. Thus, the alimonymaker accumulates the debt, which to return to him anyway. About how to calculate arrears of alimony will be discussed in the article.

The main reasons for the arrears of alimony

Before talking about how to calculate debt by alimony. If the debtor does not work or, on the contrary, has a regular official income, it is necessary to consider the causes of debt education. The debt can be formed in connection with the non-payment of a child maintenance allowance, transferring smaller amounts or passing payments. The reasons for the emergence of the above situations are sufficiently diverse. The main one needs to be attributed:

• Intentional evasion an alimonymaker from the fulfillment of its obligations on the maintenance of a child;
• The absence of a real opportunity to exercise the alimer. This may be associated with unemployment, long-term disease or any other life circumstances;
• unintended or intentional deduction from the salary of an alimony-payer of the company's accounting benefits;
• the intentional failure of the party with which the child remained, from obtaining alimony;
• providing false details for transfers or conceal the location of the beneficiary of payments.

Each of the above cases, as well as other circumstances, as a result of which the debt for alimony was formed, the IC of the Russian Federation and the Federal Law "On Enforcement Proceedings" are regulated. How to calculate debt by alimony? First of all, you need to find out who should do it.

Calculation of alimony If the debtor does not work, sick, deliberately does not transfer money or became a victim of any other circumstances, performed by the FSSP officers at the place of residence of the alimony-payer.

After the calculation of arrears in alimony was carried out, the bailiff is obliged to make a decree. It is sent by the payer, the recipient and accounting of the enterprise, on which the alimony is working. Subsequently, the FSSP officer should control the timeliness of payments.

How to find out the arrears of alimony?

Before talking about how the debt is considered and consider an example of calculating the alimony debt, it is necessary to find out where the payer can clarify the amount he should pay. You can do this on the official portal of the FSSP on the Internet by visiting the section "Bank of Executive Production".

It is possible to get information about the debt, and by obtaining a decree from the bailiff, which is engaged in the debtor. It mandatory should notify an alimony-payer about the presence of debt.

How to calculate alimony debt?

Finding out all the nuances associated with the formation of debts on the payment of benefits for the maintenance of the child, it is necessary to talk about how the arrears of alimony by bailiffs are calculated. Calculation techniques are based on 113 of the IC of the RF IC and 102 federal law. In accordance with the norms specified in these documents, there are three calculation methods:

• in terms of subsistence minimum established in a particular region;
• in accordance with the size of the average value of wages in a specific region of the Russian Federation;
• by the size of the real income of the alimenter.

If a decision was made to calculate the alimony debt, then the attachment will choose the method based on the specific situation.

For example, if an alimony works and has a fairly high income, then the calculation will be made in accordance with the concept of the third methodology. How to calculate alimony if the debtor does not work? Obviously, in such a situation, the first method will be used based on the size of the subsistence minimum in the region.

Most often, the first technique is used when the child content allowance is paid on the basis of an agreement between parents, or appointed judicial instance in a solid monetary amount. How is the debt on alimony in such a situation? First you need to point out that this method of calculation does not take into account the income of the payer. The basis of the method is the cost of living, which changes every quarter. The specific amount of alimony is calculated in accordance with specific circumstances. For example, it can be 75% of the subsistence minimum.

Using the first method, attracting the settlement of debt every quarter. At the same time, if for any reason, the debtor's benefit is not made, for example, if it is not working, then the amount of debt is calculated each time in accordance with the latest value of the subsistence minimum in the region.

The second method of calculation is used if the payer has no documents confirming its income for the preceding debt calculation period. Simple words, the settlement of the average salary debt is practiced if the debtor did not have official income, but it was employed and now receives a white salary.

This procedure for calculating is practiced when establishing the size of the alimony in the percentage ratio of income. To calculate the debt, the attract takes the average monthly wage in the region over the past year and multiplies by 0.25, if the debtor has one child, by 0.33 - if two, and 0.5 - if three or more. After that, the obtained value varies with the number of months for which the alimony was not paid.

The third method of calculation is used in cases where the alimonymaker works and has official income, but they did not pay a certain period of time. In such a situation, the prext must calculate the amount of the amount of debt, relying on the list of the type of earnings and revenues approved by the Government of the Russian Federation in 1996. Simple words, the bait takes real income for each month of delay, deducts income tax and multiplies the value obtained to the coefficient of alimony coefficient, depending on the number of children (0.25, 0.33 and 0.5, respectively). After that, the amount for the entire period of delay is added to each other.

Example: Consider the third methodology. Most of the attachments on objective reasons prefer to consider debts in this way (in most cases, a person needs means for existence, and therefore it is sooner or late to work out on official work). Suppose an alimony-payer has a debt for three months. To calculate its size, you need to take a salary for each month, for example, it is equal to 30,000, 35,000 and 30,000 rubles. From each value, the income tax is required 13%, as a result of which the following values \u200b\u200bare obtained - 26,100, 30,450 and 26 100 rubles. Each value is multiplied by the coefficient, it is allowed to be 0.25 (one child). As a result of multiplication, values \u200b\u200bare 6,525, 7,612 and 6,525 rubles. They need to be folded. Thus, the amount of debt is 20,662 rubles.

Indexation of alimony debt

If the alimony is paid in a solid amount, then in accordance with the RF IQ, their indexation is carried out. Simple words, the amount increases evenly with an increase in the subsistence minimum in the region. Of course, indexation allows not only to increase payments, but also reduce if the cost of living is reduced.

Debtors for alimony, among other things, should pay a penalty. It is easy to calculate its size. It is equal to 0.5% of the sum of overall debt. Find out how much penalties can be obtained for the timely lack of payments, the recipient of the alimony can independently, but it is possible to claim it only in court.

Sooner or later, many alimony-payers have to deal with the formation of debts by alimony. This may arise both by their fault and on the circumstances independent of them. In this case, it is important to correctly make the calculation of arrears in alimony, and it is carried out either by a bailiff, or an accountant at the place of work of the debtor.

As alimony accumulate

To recover the alimony to parents: if they decided to stop living together, the spouse, with whom children remain, has the right to receive material assistance to the juvenile content. There are three options here:

1. Conclusion of a peace agreement. The amount of alimony on it can be both fixed and in percentage of income - it all depends on the decision of the parties. The document is subject to notarial assurance.
2. Submitting an application for the publication of a court order. Actually, if there are no disagreements between the spouses, because The second party may challenge the order within 10 days in accordance with the order of claim, so asking him in court in the presence of controversial issues there is no point.
3. Feed a claim. The most common case. Thanks to this, you can recover alimony if an alimate-bent intentionally does not pay them and hidden.

You can collect alimony at any of the three options if debt formed on them. The size of the main part of the alimony is established by Art. 81 SC and depends on the number of children:

These amounts will be taken into account when calculating payments along with a penalty.

Consider calculation of alimony along with a penalty:

Alferov V.V. The court order was obliged to pay 25% of the salary for the maintenance of the child. For the first six months, he regularly listed the alimony, but afterwards he did not pay for three months, and arrears formed. The former spouse decided to refer her through the court. The number of days of delay is 110.

According to the certificate of income Alferova V.V., for the first month of non-payment, he earned 45,000 rubles., For the second - 37,000 rubles, and for the third - 50,000 rubles.

How is calculated:

45 000 x 25% \u003d 11 250 rubles. - So much he had to pay for the first month, when the debt began to form.

37 000 x 25% \u003d 9 250 rubles.

50 000 x 25% \u003d 12 500 rub.

11 250 + 9 250 + 12 500 \u003d 33 000 rubles. - The size of the main debt.

33 000 x 0.1% \u003d 33 rubles. - penalty for one day of delay. For 110 days, the amount will be equal to 3630 rubles.

Causes of alimony debts

There are several reasons why debt is formed for aliments:

Important! Many people think that, having gotting a job in unofficially, they will be released from paying alimony. In fact, this is not the case - in this case, the calculation will be carried out, based on the size of the average salary in the country, and ultimately the amount of payments may become even more than in the presence of official income.

For example:

Vlasov O.L. Earns 30,000 rubles per month, works unofficially. He has two children. According to the court decision, it is obliged to list a monthly 33% of income. It does not comply with this requirement, so the recipient has the right to re-apply to the court for the recovery of alimony along with a penalty. The term of non-payment of alimony is 123 calendar days (a little more than three months).

For July 2018, the average salary in the Russian Federation is equal to 36,000 rubles.

No matter how the alimony was calculated if the Vlasov worked officially:

30 000 x 33% \u003d 9 900 rubles. - The amount of monthly payments for two children.

9,900 x 3 months \u003d 29,700 - the total amount of debt.

29 700 x 0.1% \u003d 29.7 rubles. - penalty for 1 day.

29.7 x 123 \u003d 3,653.1 rubles. - The size of the penalty for 123 days.

Total to payment: 29 700 + 3 653.1 \u003d 33 353, 1 rub.

Due to the fact that Vlasov O.L. It works unofficially, the calculation of the principal amount of debt along with the penalty will be carried out otherwise:

36 000 x 33% \u003d 11 880 rub. - Alimony in one month.

11 880 x 3 \u003d 35 640 rub. - Debt for three months.

35 640 x 0.1% \u003d 35.64 rubles. - The cost of one day of delay.

35.64 x 123 \u003d 21 918.6 rubles. - The magnitude of the penalty.

Total to pay: 35 640 + 21 918.6 \u003d 4 383,72 rub.

Alimony calculator

Amount of children:

Salary of the second parent:

Subtract NDFL from salary:

Result: rub.

Legislation

Having calculated the amount of alimony to pay, it is necessary to be guided by the following legislative acts:

How to recover debt

The conditions and procedure for its recovery provide for the existence of enforcement proceedings. It should be remembered that overdue alimony debt cannot be transferred to collector recovery. Such illegal and the recipient of alimony can suffer criminal liability for extortion.

Paying for payments is carried out exclusively through the mediation of the bailiff. The recoverer should be referred to a statement to the bailiff on the start of enforcement proceedings.

The statement indicates:

• name of the FSSP department;
• information about the judicial bailiff;
• information about the debtor;
• request for the initiation of enforcement proceedings.

The application must be applied a copy of the applicant's passport, as well as the executive document. The recovery is carried out by, which are issued on the basis of an application to court. And also serves as an executive document. A copy of the order is in the debtor. The original is made to execute at the place of work of the debtor or bailiff, in the absence of the official job in the debtor. Recovery is carried out until a complete debt repayment. At the end of the executive production, the bailiff takes the ruling and returns the executive list to the recoverer.

Specialist comment

Kamensky Yuri.

If the debtor has a permanent job, the executive list is sent to the organization. The employer is obliged to hold the deduction of alimony and transfer them to the requisites provided. If he won't do this, then the organization is waiting for a possible on-site check and fine.

Debt recovery in salaries

Former spouses can independently set the size of the alimony, but it cannot be less established by the legislation. In some cases, the parties use a method for calculating - in income from income.

For example:

Epifanova ON There is a minor son, with his wife he divorced in 2015. The partial agreement was established that a monthly man would transfer half of his income to the child's maintenance of the child.

Salary Salary Epifanova ON After calculating NDFL is 80,000 rubles. He conscientiously paid the alimony until 2017, but since May to Augustus, it was inclusive.

80 000/2 \u003d 40 000 rubles. - The amount of alimony to pay monthly.

40 000 x 4 \u003d 120 000 rubles. - The total amount of debt in fractions of salary.

Debt recovery for alimony in a solid monetary amount

By the decision of the court, the order or an alimony agreement may be assigned to payments in a solid amount. Their size may not be less than the subsistence minimum in the region, and in the case of its increase in the payment is similarly indexed.

Consider an example:

The cost of 9,536 rubles is estimated. The payer did not list the money for three months.

9 536 x 3 \u003d 28 608 rub. - Amount to pay.

Registration of the claim for obtaining alimony in a solid amount

There are situations where the debtor pay a share from constant earnings, which may be inconvenient for the recoverer. Alimate-binding may not be permanent income or its earnings can change. Then you should contact the claim for establishing alimony in a certain amount of money. The claim must be issued according to the rules of the Code of Civil Procedure of the Russian Federation - Art. 131-132. The limitation period for the recovery of alimony in TDS is limited by a period during which payments must come. It is possible to submit to the court to recover alimony in TDS until the child is 18 years old.

The lawsuit should indicate:

• the name of the judicial instance;
• information about the parties - the plaintiff and the defendant;
• data on third parties.

The lawsuit will be credited. It is important to designate grounds for the recovery of alimony in a fixed amount of money.

Attach should be attached to:

• copy of the passport of the plaintiff;
• copies of executive documents;
• a copy of the birth certificate of a minor;
• a copy of the divorce certificate (if available).

The statement of claim should be signed and dated. The claim can be submitted personally or through the representative. The powers of the representative must be supported by notarial power of attorney.

Specialist comment

Shadrin Aleksey

Alimony arrears can be found online, on the FSSP website - via the Internet. The debt on alimony does not go anywhere and after 18 years. Later, the child can make debt recovery independently. Payments can be held with the debtor's pension and its property after many years after the beneficiary's majority. An input can be held in the same way.

Refusal of arrears in alimony instead of debtor's property is invalid. The payer is never worth going to a similar deal. The way out of controversial situations should be sought in a negotiation or judicial order, it is desirable, with the help of a qualified lawyer.

The procedure for calculating debt

If the alimony does not arrive within a few days, this is not a reason for panic. It may turn out that money is delayed by the wine bank or organization in which the payer is employed, so patience should be gained and waited.

It is necessary to refer to the bailiff when the period of payment exceeds 4 months - it is the quarter that is most often used when calculating arrears in aliminal payments. How to enter in this case:

1. Refer to the bait with a statement about the termination of the arrival of alimony by attaching an extract on a bank account or other document reflecting a financial condition. Also required a statement on the calculation of debt on alimony.
2. After a few days, the bailiff is drawn up by the Debt Calculation.
3. Having received a decree, a recoverer may apply for the attraction of the debtor to liability and extermination of alimony.

The calculation of alimony debt is produced by bailiffs independently, but they can be mistaken, so the recoverer is recommended to do everything independently, and subsequently check the content of the ruling. If you have errors, the recipient may point to them. He also has the right to be interested in the course of the case at any time, provide new information about the income and property of the debtor, to apply for his announcement as a search and take all sorts of measures to assist FSSP within the framework of legislation.

Legal consequences of alimony debts

The total amount of debt of Russians by alimony is more than 110 billion rubles and this amount increases. The measures that the legislator introduces to combat malicious defaulters are insufficient, but allow you to recover the debt even if the payer has minimal income.

The following measures to combat debtors were adopted:

• the ability to draw a penalty for the only housing of the payer if it is clearly above the need for square meters. For example, if the debtor lives in a large cottage of five rooms, such a housing can be arrested with further implementation in public auctions. The debtor will return the amount necessary to buy minimum housing and the remaining amount. The remaining funds, including the cost of enforcement, will be spent on purpose.
• - The amendments to the Federal Law "On Enforcement Proceedings" allowed us to apply for a bailiff for the debtor's search. To recognize a citizen, missingly missing will need to make a statement in court. The proceedings are carried out with the participation of the prosecutor. If a citizen is recognized as missing, the child will receive a pension on the loss of the breadwinner. With a citizen's appearance or the foundation of its location, all pension costs, in addition to the debt to alimony, will be charged from the debtor.
• the ability to get a penalty. The legislator, given the impossibility of paying alimony, decided to reduce its size. The size of the penalty is 0.1% of the amount of debt for each day of delay. Debts are calculated monthly.