What documents are needed by bailiffs for the recovery of alimony. Who are such bailiffs for alimony? Their role, duties and regulations for the recovery of alimony features of the recovery of alimony through baits

According to the Family Code of the Russian Federation, the parent in any case is obliged to participate in the content of his own child until the age of majority achieve. But not always with a divorce former spouse pays. In this case, it should be found out where to apply and how the procedure for collecting alimony by bailiffs is happening, and it is possible to do without the intervention of third parties.

As alimony accumulate

According to Articles 99 and 106 of the Family Code of the Russian Federation, aliminal payments are committed on the basis of a written voluntary agreement between the Alimenters and the Second Parent or by the court order. If the parents initially solved this issue in oral form - the state will not be able to protect the interests of the alimerer when the Alifermen suddenly cease to pay.

Based on this, the alimony is more profitable to contact the Contractor. As part of his authority, he will do everything to ensure that the recovere can receive the funds. Further is determined which documents are needed to submit to alimony bailiffs. The law states that to recover the debt for the previous and current period without the presence of an actuator is unrealistic. In turn, Article 12 of the Federal Law "On Enforcement Proceedings" determined that such should be attributed to:

• Judicial orders and regulations.
• A notarized written agreement between the alien producer and the alimony transferser (his representative).

It means that to be able to contact FSSP and get money from the debtor, the alimerer (his representative) must conclude an agreement with an alien producer, or to submit it to the court (the state duty will be paid) and receive a decree. Based on any of these documents, the child's mother can contact the joint venture request to initiate enforcement proceedings against the former husband. In turn, FSSP will control the reimbursement to be paid on schedule without detention. If the debt has already been formed, the abill by the framework of their authority will do everything so that the recovere can receive funds and for previous periods. In addition, a penalty will be recovered for all past time.

The bailiff service is attracted when it is necessary to recover alimony from a non-payment

Dates of the longitudency

At its discretion, the recoverer may not file a petition to employees of the FSSP. Especially if the former spouse regularly pays the full amount of alimony. To write a statement immediately after the payments have ceased to do, because Article 107 of the Family Code of the Russian Federation has determined that it is possible to recover the entire amount of debt only for the previous three years. For example, if there are no alimony from 2013 to 2018, the debt will be recovered only from 2015 to the FSSP.

The recoverer must provide documents to the Department of FSSP at the place of residence of the debtor (the list of FSSP of Russia can be viewed on the official website). If he is not known where the former spouse lives, the application can be sent to the local FSSP, and the employee of the attachment service will look for the debtor. For seven days, the demand for the recoverer is redirected to the desired department.

Documentation

To shift the obligations to the bailiff for the recovery of alimony, it is necessary to send a statement in FSSP. Together with him you need to imagine:

• Executive documents (Agreement on the payment of alimony between parents or a court decision on the recovery of funds for the maintenance of the child).
• Notarized copy of a civil passport.
• Other documents relating to the case (certificate from the workshop of the debtor, information about the presence of property in its place, etc.).

Among other things, the joint venture is necessary to give bank details of the account to which funds will be listed. Documents can be sent by mail in a registered letter, pass through a trustee (you need to do a power of attorney) or attributed personally.

When filling out the application, you should specify:

• Information about the alimony and aliamethel (FULL NAME, contact details, address).
• Information about the executive documents.

Executive production begins only after the provision of relevant documents.

After 3 days after receiving the application, the baptized should begin production or refuse to record, sending him a written notice of the reasons for refusal. If the alimony puller fails, there will be 10 days to appeal the decision of the FSSP.

The procedure for action of FSSP

When exciting enforcement proceedings, the biller's action sequence:

1. Direct the official notice of the alimer, which indicates that it is necessary to repay the debt in a timely manner, otherwise it can be attracted to administrative and (or) criminal liability. More often, the notification is sent by mail, by registered mail. If there is already a cash debt for an alimer, the abill gives him 5 days to repay, after which it moves to active actions that are in its competence.
2. Produces the search for the source of the income of the Alimenter (if unknown) and notifies the employer about the need to recover a certain percentage of wages.
3. In case of delay in alimony, FSSP is executed by the recovery of funds. So, the performer can arrest the property of the debtor, send a letter to the head to work on the need to recover even most of the salary and so on.

Executive production can be closed:

1. When the child reaches the age of majority.
2. In the event of the death of the alien producer (the alimony does not pass by inheritance) or the alimony puller.
3. The expiration of the statue of limitations.

The status of the unemployed, bankrupt, the disabled, as well as the presence of a large number of expenses in the alimentaryber (loans, communal for housing, etc.) do not exempt it from the need to pay alimony. Even if the joint venture issued a ruling on the inability to recover from a citizen funds, alimony debt will hang on it before the expiration of the statute of limitations (until the child is 21 years old).

From the salary of the debtor in terms of alimony will be deducted, if you ignore the requirements for the payment of payments

How the funds are accumulated

Here are several options at once:

1. The citizen has no debt and there is an official source of income. The SSP body sends a notice to the employer of the alimentarr that he must make a monthly removal of 25% (33%, 50% depending on the number of children) and translate them to an alimerer.

If a citizen will change the place of stay and (or) work during the executive production, he will have to inform about this (the condition is defined by the Federal Law "On Enforcement Proceedings"), which is working. The new employer must also impose a penalty to part of wages.

1. The citizen has debt for previous periods. If an alimony is not working and removing the money is nowhere, the addition must make every effort to find the source of the citizen's income. Otherwise, he can impose an arrest on the property and account (deposits) in the bank.

Moreover, with the permission of the senior bailiff, the performer can enter the premises occupied by the debtor, without his presence. Complain in this case, the actions of the FSSP will be meaningless. The only one, the recovery process of alimony cannot affect certain sources of citizen's income. That is, bailiffs do not have the right to arrest alimony to the child. They, like some other income, are not subject to recovery.

If it turns out that the alimenter has no property and income that can be arrested and to pay for the recovery, the alimony puller remains only to wait in the hope that the non-payment funds will appear earlier than the statute period expires.

The lack of funds for debt repayment can lead to the arrest of the property of the debtor

In any of the cases of the joint venture, it is not entitled to inactive. It must regularly take steps to resolve the issue with aliminal payments. Otherwise, the recoverer may file a complaint to the prosecutor's office for the inaction of bailiffs to recover the alimony, (the sample can be standard). The prosecutor in the prescribed manner within 30 days from the moment of receiving the complaint will make an audit and give out its own definition on the case, which can oblige FSSP act active. Moreover, narrative inaction is a comprehensive business and the bait of the performer can be held accountable.

If the debtor is hiding

FSSP should take all necessary measures to find the alimer. If his place of residence is unknown, the bailiff may decide on the direction of the request to other state structures that can help with the search (IFD, FMS). When the debtor deliberately shies away from the execution of payment obligations on alimony, the statute of limitations is not applicable, and the entire amount of funds for previous periods in independence may be charged from it from it.

The recovery of alimony from the unemployed will be told in the video:

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"Pharmacy: Accounting and Taxation", 2012, N 11

Types of executive documents on the recovery of alimony and the timing of their presentation by the procedure for payment of alimony

In accordance with the Family Code to persons with the right to receive alimony include minor children, disabled adult children, disabled parents, spouse (spouse) and other family members.

Family legislation provides for two orders of payment of alimony: contractual (by agreement of the parties on the payment of alimony) and judicial (recovery by the court decision).

Based on the general rules established by Art. 81 of the IC of the Russian Federation, in the absence of an agreement on the payment of alimony, alimony on minors are charged with the court monthly in the amount: per child - 1/4, on two children - 1/3, on three or more children - 1/2 earnings and (or) other income of parents.

Taking into account the material or family situation of the parties, and other circumstances worthy of the circumstances, the Court may appreciate or increase the size of these fractions, as well as on the application of the recoverer to establish the size of alimony in a solid monetary amount or simultaneously and in a solid monetary amount.

In the absence of an agreement on the payment of alimony, alimony is charged in court on disabled adults of children (Art. 85 of the RF IC), on disabled people in need of parents with able-bodied adult children (Art. 87 of the RF IC), on a spouse or a former spouse (Art. 91 The RF IC), on other family members (Art. 98 of the RF IC).

In these cases, the size of the alimony is determined by the court on the basis of the material and family position of the payer and the recipient of the alimony and other deserving interests of the parties in a solid monetary amount payable monthly.

In accordance with paragraph 2 of Art. 117 of the RF IC of the RF, the size of the alimony accounted for by the court decision in a solid monetary amount, in order to index it, is established by the court of a multiple size of the subsistence minimum, including the size of the alimony can be established in the form of a share of the subsistence minimum.

Termination of alimony obligations with respect to one or more juvenile children entails a change in the size of the alimony, defended on the maintenance of the rest.

When holding the alimony, the size of which is established in court, on two or more children, if one of them is achieving one of them (if the executive document specifies a single amount of alimony on all children, for example 1/2 or 1/3) bailiff for Three months before the onset of the majority of one of the children, an alimony payer apply to the appropriate court to change the share to be recovered on minor children, either independently appeals to the court.

Types of executive documents on the recovery of alimony

Executive documents, on the basis of which the recovery of alimony is made, in accordance with Art. 12 of the Federal Law N 229-FZ<1> are: executive sheets issued on the basis of judicial acts; judicial orders; Notarized agreements on the payment of alimony or their notarized copies.

The current legislation defines mandatory requirements for executive documents:

• the requirements imposed on the executive list issued by the courts of general jurisdiction are established by Art. 13 of the Federal Law N 229-FZ;
• the details of the judicial order are defined by Art. 127 Code of Civil Procedure of the Russian Federation;
• agreement on the payment of alimony must comply with the provisions of ch. 16 of the RF IC.

In the case of loss of the original executive or court order, the foundation for execution is its duplicate issued by the court who decided to recover the alimony, in accordance with Art. 430 Code of Civil Procedure of the Russian Federation.

Terms of presentation of executive documents on the recovery of alimony to execution

Executive documents on the recovery of alimony for the maintenance of minors, disabled adult children, disabled parents, spouse (spouses) and other family members (hereinafter referred to Documents on the recovery of alimony for the content of minor children - until the child's 18-year-old achievement), as well as for three years after the end of this period (part 4 of Article 21 of the Federal Law N 229-FZ).

The procedure for the execution of executive documents on the recovery of alimony when the place of work, study, the place of receipt of the pension and other revenues of the debtor

After the execution of the enforcement proceedings, the bailiff informs the debtor about the call to receive the receipt of the payment of arrears on alimony, the presentation of relevant information (information about the place of work, study, the place of receipt of the pension, other income, place of residence, etc.) necessary To execute the executive document.

If necessary, the bailiff takes measures to establish a place of work, study, the place of receipt of the pension and other revenues of the debtor, asking the relevant information in the territorial departments of the FIU and the tax authorities.

In case of establishing a place of work, studies, places of receipt of the pension and other revenues of the debtor, in the absence of arrears in aliminal obligations, or if the debt does not exceed 10 thousand rubles, the bailiff makes a decree on the recovery of wages and other revenues of the debtor and the Resolution On the end of the enforcement proceedings in accordance with paragraph 8 of Part 1 of Art. 47 federal law N 229-FZ.

In the presence of arrears in aliminal obligations exceeding 10 thousand rubles, the bailiff makes a decision on the appeal of wages and other revenues of the debtor, but does not end the enforcement proceedings and continues the use of compulsory measures.

The organization at the place of receipt of income, the bailiff sends the following documents:

• a copy of the executive document, on the basis of which enforcement proceedings were initiated;
• rESOLUTION OF APPLICATION OF WAGES ON WAGES AND OTHER OFFERS OF THE DEVELODER IN THE EMERGENCE COSTED P. 1 Part 1 of Art. 98 of the Federal Law N 229-FZ;
• a copy of the decision to recover the fulfillment of the execution of periodic payments in the manner prescribed by Part 4 of Art. 112 of the Federal Law N 229-FZ (if such a decision was carried out within the framework of enforcement proceedings);
• a copy of the decision on the recovery of an administrative fine and expenditures on the commission of executive actions (in the event that such decrees were carried out within the framework of the enforcement proceedings);
• Memo for managers and accountants of organizations (enterprises) on retention and transfer of funds for executive documents.

In the decision to address the recovery of wages and other revenues of the debtor, along with other requirements, the requirement of the person paying the debtor wages and other periodic payments, on providing the bailiff of the Contractor at least once a quarter of information about the deductions from the debtor with the payment of payment Documents on the listing of collective money to the recoverer.

It must be borne in mind that the amount of deductions from wages and other revenues of the debtor cannot exceed 70% (Part 3 of Art. 99 of the Federal Law N 229-FZ).

In the incomplete executive work in the presence of debt or in case of lack of earnings and (or) other revenue of the debtor, the bailiff takes measures to recover funds on banks in banks or other credit institutions, as well as any personal property obliged to pay Alimony, which by law can be drawn by the penalty.

In addition, in the framework of these executive proceedings, bailiffs at least once a quarter carry out checks of the property provisions of debtors by sending requests to the relevant organizations and checks of property in their place of residence, the place of stay.

When the property belonging to the debtor, the bailiff, if necessary, requests in organizations where the debtor receives wages or other revenues, information about the recovers and the remaining amount of alimony debt and other recovery.

If the amount of the debt exceeds the amount received after the realization of the debtor's property, the bailiff translates the collector to the collector within the amount of debt, produces a recalculation of alimony arrears and sends a new decision to recover the amount of alimony arrears.

If the amount of the debt is less than the amount received after the realization of the debtor's property, the bailiff returns the money left after the repayment of debt to the recoverer, reimbursement of expenditures to perform executive actions, the executive fee and superimposed administrative fines.

At the same time, the bailiff guides the Organization to revitalize the decision on the debit of alimony and the decision on the recovery of the execution of the fulfillment of the execution of the execution of the fulfillment of the fulfillment of the execution of the fulfillment of the fulfillment of the fulfillment of the fulfillment of the fulfillment. 47 federal law N 229-FZ. Similarly, an enforcement proceedings are ends when repaying alimony arrears exceeding 10 thousand rubles.

If a consolidated executive production is initiated against the debtor, the order of meeting the requirements of the recovers, which submitted the actual documents on the day the distribution day is determined by the provisions of Art. 111 of the Federal Law N 229-FZ.

Requirements for the recovery of alimony are satisfied primarily along with the requirements for compensation for harm caused by health, damage due to the death of the breadwinner, damage caused by the crime, compensation for moral damage.

Within the framework of the same queue (including the presence of several executive documents on the recovery of alimony), the requirements are satisfied in proportion to the amount due to each column of the amount (part 3 of Article 111 of the Federal Law No. 229-FZ).

The procedure for calculating alimony debt settlement of alimony arrears

By virtue of Part 2 of Art. 102 of the Federal Law N 229-ФЗ The amount of alimony debt is determined in the decision of the bailiff based on the size of the alimony established by the judicial act or the agreement on the payment of alimony.

The settlement of alimony debt is issued by the decision made in accordance with Art. 14 of the Federal Law N 229-FZ.

The amount of debt on the alimony paid on minor children in the share of the debtor's earnings is determined on the basis of earnings and other revenue of the debtor for the period during which the recovery of alimony was not produced.

In case the debtor, obliged to pay the alimony, did not work or did not provide documents confirming its earnings and (or) other income, alimony arrears are determined based on the size of the average wage in the Russian Federation at the time of debt collection (Part 3 of Article 102 of the Federal Law N 229-FZ, Art. 113 of the RF IC). In this case, the moment of recovery of debt will be the date of the actual repayment by the debtor debtor.

When calculating the amount of alimony arrears based on the size of the average wage in the Russian Federation, NDFL in the amount of 13% is not to hold, since the size of the average wage in the Russian Federation, calculated by Rosstat, is not a real income of the debtor.

Information about the size of the average wage is requested by bailiffs in Rosstat organs. If necessary, actual information can be obtained in information and legal systems or on the official website of Rosstat.

When calculating debt on alimony, established by the judicial act or agreement on the payment of alimony in the share of the debtor's earnings, in order to exclude the substitution of the subject of execution, the bailiff indicates the size of the current alimony in the numerical values \u200b\u200bestablished in the executive documents (1/3 share is not equal to 33 %).

As part of the execution of executive proceedings, the recovery of alimony bailiff makes the calculation of alimony debt with periodicity at least once a quarter and declares the appropriate decree.

In disagreement with the size of the arrears of alimony, a certain bailiff, any of the parties, the interests of which are violated, can appeal against the actions of the bailiff in the manner prescribed by the current legislation.

At the same time, in accordance with Part 4 of Art. 102 of the Federal Law of the N 229-FZ Party, the interests of which are violated, have the right to go to court with a claim for determining the amount of debt.

The procedure for indexing the size of alimony (debt)

In accordance with Part 1 of Art. 102 of the Federal Law N 229-FZ and paragraph 1 of Art. 117 of the IC of the Russian Federation in case, by the decision of the court, the alimony is charged in a solid monetary amount, bailiff, as well as an organization or other person who carry out the deduction of alimony from wages or other debtor's income, produce an indexation of alimony in proportion to the increase in the subsistence minimum for the corresponding The socio-demographic group of the population established in the relevant subject of the Russian Federation at the place of residence of a person who receives alimony.

The subsistence minimum per capita and the main socio-demographic groups of the population as a whole in the Russian Federation is established by the Government of the Russian Federation, in the constituent entities of the Russian Federation - in the manner prescribed by the laws of the constituent entities of the Russian Federation, and is determined quarterly.

In the absence of a subsistence minimum in the appropriate subject of the Russian Federation, the bailiff is indexing in proportion to the increase in the subsistence minimum for the relevant socio-demographic group of the population as a whole in the Russian Federation.

On the indexation of alimony bailiff makes a decision.

When indexing the alimony, the bailiff primarily establishes the amount of the subsistence minimum at the place of residence of the person who receives the alimony from the date of the last increase in the subsistence minimum.

Then the bailiff determines how the amount of the subsistence minimum of Katten the size of the alimony, which is accumulated in a solid monetary amount. The resulting multiple number is multiplied by the amount of the subsistence minimum at the time of the calculation.

If in the executive document, the size of the alimony is specified in proportion to the minimum wage, bailiff appropriate to clarify the recoverer to contact the judicial authorities with a statement to determine the size of the alimony in a solid monetary amount.

When indexing the alimony established in proportion to the minimum wage, a minimum wage installed by Art is used. 1 of the Federal Law of 19.06.2000 N 82-FZ "On the minimum wage" (from June 1, 2011 - 4611 rubles.).

Due to the fact that the indexation of the alimony, collected in a solid monetary amount, is provided for only in proportion to the increase in the size of the subsistence minimum, with a decrease in the subsistence minimum, indexation is not produced.

The procedure for calculating the size of the alimony (debt) of debtors - individual entrepreneurs applying various taxation systems

Taking into account the provisions of the Tax Code of the Russian Federation and the position of the COP of the Russian Federation, set forth in the decision of 20.07.2010 N 17-P, the calculation of the alimony (debt) is made taking into account the tax base chosen by the individual entrepreneur based on the information submitted in the tax declaration.

Currently, tax legislation provides for several taxation systems of an individual entrepreneur:

• general taxation regime (payment of NDFL);
• tax system for agricultural producers (ECHN);
• OSO;
• the tax system in the form of UNVD for certain types of activity.

When calculating the size of the alimony (debt) of the debtors - individual entrepreneurs applying the general tax regime, the bailiff claims the tax return on the debtor (form 3-NDFL) and makes calculating the size of the alimony (debt), taking into account the data specified in the Declaration.

When determining the size of the alimony (debt) of an individual entrepreneur applying the Eschn or UCNO, the bailiff claims the book of income and expenses to the debtor, which an individual entrepreneur must lead to the calculation of the tax base.

In determining the size of the alimony (debt) of an individual entrepreneur that applies UCNO with the object of taxation "Revenues", it is also necessary to take into account the costs incurred directly related to the implementation of entrepreneurial activities and confirmed properly.

At the same time, with an estimate with the object of taxation "Revenues", the tax is paid from the entire amount of income (paragraph 1 of Art. 346.18 of the Tax Code of the Russian Federation). In this case, incurred expenses are not taken into account when calculating the tax base, and their taxpayer is not obligated. Confirmation of incurred expenses due to the implementation of entrepreneurial activities are primary documents provided for by the Federal Law No. 129-FZ<2>.

When calculating the amount of alimony of debtors - individual entrepreneurs applying the tax system in the form of UTII for certain types of activities, the bailiff claims from the debtor in accordance with the provisions of the Federal Law No. 129-FZ primary financial documentation (overhead, invoices, receipts, other Forms of strict reporting, expenditure accounts, etc.) and makes calculation of alimony debt taking into account the specified documents.

In order to identify the actual income of an individual entrepreneur applied to the object of taxation "Revenues" and UNVD, the bailiff may recommend individual entrepreneurs to keep the book of income and expenses.

At the same time, in all these cases, the procedure for calculating the size of alimony (debt) for the debtor - an individual entrepreneur bailiff takes into account the amount of its income received from the conduct of entrepreneurial activities, reduced on the amount of expenses related to obtaining it, and the amount of tax paid in Communication with the use of a tax system.

In the event of a decrease in the income of an individual entrepreneur on the amount of expenses, the bailiff is guided by paragraph 2 of Art. 346.5, paragraph 2 of Art. 346.17 of the Tax Code of the Russian Federation.

If the debtor does not provide relevant documents confirming its earnings and (or) other income, the size of the alimony (debt) is possible based on the size of the average wage in the Russian Federation at the time of the recovery of alimony (debt) in accordance with paragraph 4 of Art. 113 SC RF.

Upon presentation of the bailiff of the Declaration on the income of the debtor - an individual entrepreneur in the event of an increase in its income, the size of alimony (debt) is subject to recalculation.

Types of income from which the deduction of alimony is carried out

When recovering the alimony debts paid for the maintenance of minor children, disabled adult children, disabled parents, a spouse (spouses) and other family members, to determine the types of earnings or revenues to be paid to the recovery, the bailiff is guided by the Decree of the Government of the Russian Federation from 07/18/1996 N 841 "On the list of wage types and other income from which the deduction of alimony on minors" (as amended from 15.08.2008 N 613) (hereinafter - the list).

The legislation also established the types of income on which the penalty cannot be drawn (Article 101 of the Federal Law No. 229-FZ).

Article 101 of the Federal Law N 229-FZ establishes a comprehensive list of types of income on which penalties cannot be drawn.

In accordance with paragraph 9 of Part 1 of this article, it is not allowed to recover insurance support for compulsory social insurance, with the exception of old-age pensions, disability pensions and temporary disability benefits.

At the same time, the IC RF regulates the special procedure for collecting alimony to the content of minor children.

In particular, in Art. 82 of the RF IC established that the types of earnings and (or) of other income that parents receive in rubles and (or) in foreign currency and from which the deduction of alimony accounted for on minor children is determined by the Government of the Russian Federation.

In accordance with PP. "In" paragraph 2 of the list of alimony are held in account of unemployment benefits only on the basis of a judicial act on the recovery of alimony or a notarized agreement on the payment of alimony.

In order to prevent the recovery of the funds specified in Art. 101 of the Federal Law N 229-FZ, the bailiff will require and checks information about the sources of funding in the debtor's accounts<3>.

When holding alimony from funds received by a person who has alimony obligations, under the sale and purchase agreement of real estate and movable property, the position of the CS of the Russian Federation is taken into account. Based on the need to ensure the balance of interests of both sides of alimony relations, alimony is subject to deduction from the revenues received by their payer only by those prisoners in accordance with the civil legislation of the treaties, concluding who the person sells belonging to each right to the free use of its abilities and property for not prohibited economic activity , as well as the right to work (Art. 34, Part 1 of Art. 37 of the Constitution of the Russian Federation)<4>.

Thus, alimony from income received by a citizen out of connection with the implementation of economic activities, in particular, with one-time selling transactions (apartments, land, garden house, etc.) cannot be accumulated.

Organization of work with executive sheets in the enterprise

Admission to the organization of executive documents. Enrolled in the organization of the judicial bailiff and copies of the Executive Document are registered in a special journal and are transferred to the accountant for the accrual of wages under the painting.

On the same day, the accountant sends a reverse notification of the receipt of documents. The notification makes a mark on receiving the executive document (incoming number and date), the telephone organization (enterprise) is indicated, and the signature of the accountant and the register of the organization (enterprise), which received the executive document.

Manufacture of holding on executive sheets. The accountant of the organization (enterprise), which produces retention of funds from wages or other revenues of the debtor, you need to know the following:

• requirements of the bailiff are mandatory for all bodies, organizations, citizens and officials in the territory of the Russian Federation;
• the bailiff has the right to conduct employers to verify the execution of executive documents on their debtors and financial documentation on the execution of these documents;
• the amount of deduction from the wage and other types of debtor's income is calculated from the amount left after tax retention.

In accordance with the Federal Law of the N 229-FZ from the debtor, more than 50% of wages and other revenues cannot be kept. Holding is made before execution in full requirements contained in the executive document.

At the same time, these restrictions do not apply when collecting alimony on minors, compensation for harm caused by health, compensation for harm due to the death of the breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from wages and other revenues of the debtor-citizen cannot exceed 70% of wages (Article 99 of the Federal Law N 229-FZ);

• in accordance with Art. 109 of the RF IC and Part 3 of Art. 98 of the Federal Law of the N 229-FZ Administration of the Organization at the place of work of the person who is obliged to pay the alimony on the basis of a notarized agreement on the payment of alimony or on the basis of an executive list, is obliged to retain alimony from its wages and (or) income and pay or translate them The account of the same person to the recipient of the alimony no later than the three-day period from the date of the payment of wages and (or) other income to the person obliged to pay the alimony;
• if, by the court decision, the alimony is charged in a solid monetary amount, bailiff, as well as an organization or other person who carry out the deduction of alimony from the salary (other income) of the debtor, produce indexation of alimony. At the same time in accordance with Art. 102 of the Federal Law N 229-FZ The employer is obliged to publish an order (order) on the specified indexation;
• in the case when several executive documents were received in the organization to hold the amount of debt, the claim for the recovery of alimony along with other requirements, in accordance with paragraph 1 of Part 1 of Art. 111 of the Federal Law N 229-FZ, are the requirements of the first stage.

If a retained money amount is insufficient to meet the requirements of all executive documents of one queue in full, they are satisfied in proportion to each challenger;

• detention of money from the debtor's wages is made on the basis of the ruling of the bailiff and a copy of the executive document.

It is unacceptable to independent amendments to the decision of the bailiff on the recovery of the debtor's salary;

• translation and transfer of money to the recoverer is carried out at the expense of the debtor.

The amounts charged by alimony payments can be listed by the recovery by mail or on its current account.

The information containing the details for which it is necessary to list the amount recovered from the debtor is contained in the executive document (executive list, judicial order, resolution of the authorized body) or the decision of the bailiff on the recovery of the debtor's income.

At the same time, if the address of the person in favor of which the alimony is charged, unknown, it is recommended to transfer alimony to the settlement account of the structural division of the territorial body of the FSSP;

• with a change by the debtor of the place of work, study, the place of receipt of the pension and other income of persons who pay the debtor wage, pension, scholarship or other periodicals, are obliged to immediately inform the bailiff and return the executive document with a marking about the recovery issued.

In the book of deductions, the accountant should indicate the size of the deduction, withholding the amount, the payment order number (receipt), the date of the listing, the balance of debt. The retaining of the deductions is assigned to the organization and the signature of the official.

Procedure for conducting audits of enterprises accounting (organizations). Responsibility of officials of organizations (enterprises) who are responsible for executing executive documents on the recovery of alimony

In accordance with Art. 12 of the Federal Law of 21.07.1997 N 118-FZ "On the Bailiffs" and paragraph 16 of Part 1 of Art. 64 of the Federal Law of N 229-FZ The bailiff on the application of the Charger or on its own initiative has the right to conduct employers to verify the correctness of retention and transfer of funds for executive documents regarding the debtor's organization.

The recoverer has the right to submit a written application for the execution and transfer of funds to the executive documents on the recovery of alimony.

At the same time, the application may be submitted to the structural division of bailiffs, which conducted (conducted) enforcement proceedings on the recovery of alimony, or to the structural division of bailiffs at the place of residence of the recoverer or at the place of finding an organization with an application of a copy of the decision of the bailiff for recovery on wages and other income of the debtor (if available).

The organization (enterprise), in which the bailiff directs a decree on retaining from wages and other revenues of the debtor, is included in the register of organizations (enterprises), which is conducted in the structural divisions of the territorial bodies of the FSSP.

According to the completed and unfinished (with debt), executive proceedings on the recovery of alimony, the audit of accounting organizations (enterprises) is held at least once every year on the initiative of the bailiff.

At the same time, checking the correctness of deduction and transfer of funds under the executive document The bailiff must necessarily hold on request or a complaint of the recoverer or in case of failure to submit an organization (enterprise) information on the demand of the bailiff, aimed at organizing simultaneously with a copy of the executive Document and Decree of Cracks for wages and other revenues of the debtor.

The executive actions provided for by paragraph 16 of Part 1 of Art. 64 of the Federal Law N 229-FZ, the bailiff is entitled to commit independently either in the manner prescribed by h. 6 of Art. 33 of the Federal Law N 229-FZ.

In the event that the audited organization is located on the territory on which the authority of the bailiff is applied, the actions to verify the accounting of the organization (enterprise) are carried out independently by checking out into the organization (enterprise) and the claims of the necessary documents or the direction of the requirements for the submission of documents to the structural division of the territorial authority FSSP.

When checking the accounting of the organization (enterprise), the bailiff is an act of verification of the correctness of the holding and transfer of funds.

The act of verification of the correctness of the holding and transfer of funds to the accounting of the organization (enterprise) with documents confirming the correctness (or admitted violations) to hold and enumerate the alimony, comes to the executive proceedings, within which the verification is organized.

A copy of the account of accounting of accounting with the relevant documents is made in the outfit "Acts of checks of accounting materials (organizations), deduction.

When discovering organizations of organizations (enterprises) of violations of the legislation of the Russian Federation, the bailiff decides the issue of attracting them to the responsibility established by the legislation.

In case of detection when checking accounting (organizations) of labor violations (the facts of paying the debtor of the wage below the Mrots in accordance with Art. 133 of the Labor Code of the Russian Federation) or tax (the facts of paying the wage debtor in the amount below of the average industry) legislation lawsuit informs about the data Facts The territorial bodies of Rostrud and FTS with the application of documents confirming the violations identified.

At the same time, the head of the department - the senior bailiff organizes the work on the control over the execution of the territorial bodies of Rostrud and the FNS provisions of interdepartmental agreements on the adoption of response measures to the violations received from the bailiffs.

If the accounting of the organization (enterprise) of the facts of violation of the organization (enterprises) of the violation of the executive proceedings, expressed in non-fulfillment of the legal requirements of the judicial bailiff, the bailiff of the administrative offense, provided for by the permanent person of the administrative offense, provided for in Part 1 of Art. 17.14 Administrative Code.

In the event of an establishment by the head of the organization (enterprise), which makes hold, signs of malicious non-fulfillment, and equally preventing the execution of the judicial attribute entered into legal force, the bailiff is a report on the presence of signs of the crime stipulated by Art. 315 of the Criminal Code, which with copies of the executive production materials immediately sent to the head of the department - a senior bailiff for organizing registration, verification and adoption of a procedural solution.

K.I.Yusupov

Expert journal

"Pharmacy: Accounting

and taxation "

The executive document is already in your hands. It's time to use it in direct appointment. Where to go next?

If you know where a former husband is working or retire, you can go straight there. Especially if the payer is conscientious, it does not intend to shy away from payment. But if things are more difficult, it is better not to risk, but to entrust the case of the bailiffs.

Responsibilities and powers of a bailiff for the recovery of alimony

The bailiff is an official whose competence is the fulfillment of decisions, decisions and definitions of the court, including the recovery of alimony and alimony debts.

In order for the bailiff to carry out his job rights and fulfill the responsibilities for the recovery of alimony and paying alimony debt, it must have a relevant executive document. Based on this document, the bait opens the case, within which further work occurs.

What official rights and responsibilities are endangered?

1. Call debtor and debt debt (recipient of alimony), officials - to obtain the necessary documents and information. For example, why the payer of the alimony evades payment?
2. Receive the necessary information, check the facts, help references. For example, to establish the place of work of the debtor and send a request to the place of work to establish the size of the debtor's earnings, to submit a request to the BT organs, request extracts from EGRN (previously applied to BTI) to identify property belonging to the debtor;
3. Demand from leadership at the place of work of the debtor to keep cash out of its income in the sizes corresponding to the executive document, and transfer them to the recipient of the alimony no later than 3 days from the date of receipt of the salary;
4. Return at the location of the debtor, visit the premises belonging to the debtor. For example, to clarify the property of the debtor;
5. (within the amount of debt in front of the recipient of alimony and costs for enforcement proceedings);
6. Impose an arrest to the cash of the debtor in banks and collect them in favor of the recipient of alimony to debt;
7. and his property;
8. Prohibit the debtor away from the country;

Bailiffs can apply all measures prescribed by existing legislation to payers by alimony.

When to contact the bailiff?

The law does not limit in terms to appeal to the federal bailiff service. You can do this at any time after receiving the executive document, until the child achievement is 18 years old. Even after that an adult child can refer to the bailiffs - for this, the law will take him yet 3 years(limitation period). After that, the right to receive aliminal payments is terminated.

It happens that the recipient of the alimony is not in a hurry to the service. Perhaps due to the agreements with the payer, and possibly - due to the lack of need for funds. If he decides to demand due to him right, the bailiffs will be able to recover alimony not for the entire life of the executive document, but only over the past 3 years (cm. " ").

If the executive document is submitted immediately, the funds unpaid paid by the payer are transformed into debt to which, besides, penalties are added. All these funds are charged with the help of bailiffs.

Where are the bailiffs?

Departures of the bailiffs are located in each territorial unit of the country.

You can find out the exact location of the Division Department of the Division on the FSSP website - http://fssprus.ru/. Find on the site the desired departure service department (at the place of registration of the debtor) can be through " Services» — « Register of bailiffs", And already there to look for in the republic, the edge, region, city or village, district and microdistrict, or through the indication of the accurate address.

On the same site you can find contact phones of bailiffs of the desired department (section "All phones").

What documents do I need to apply?

To start enforcement, bailiffs are needed by one of the documents:

• (issued after making a court decision on the recovery of alimony);
• (issued by the applicant in order of ordered proceedings);
• an extract from the court decision on the recovery of alimony (issued in court in the event of a loss of the execution sheet);
• certified notarized.

In addition to the executive document, you must provide:

• passport;
• certificate of the birth of a child;
• bank details for enumerating aliminal payments (savings book number or current account) or mailing address to receive remittances.

Statement by bailiffs for the recovery of alimony (sample letter)

In addition, to start enforcement proceedings, a corresponding letter application is required from the recipient of alimony.

If the applicant has information about the place of work and the size of the payer's salary, the presence of property or real estate, it should also be submitted to bailiffs - in the form of certificates or copies of priviless documents.

The procedure for the action of bailiffs

How do bailiffs work? How to knock out the alimony from the debtor?

The application from the recipient of alimony is first considered head of the Department of Bailiffsand then passed to work one of the bailiffs. The final decision on the initiation of enforcement proceedings is made no later than 3 days from the date of application of the application (paragraph 7 of Art. 30 of the Federal Law "On Enforcement Proceedings").

The beginning of work on the executive document will be a notice or a personal meeting with the payer of alimony. If possible, consent to the size and frequency of voluntary alimony payments is achieved between them, as well as the obligation to notify the bailiff for the payments in favor of the recipient of the alimony.

If the voluntary payment of alimony does not follow, the bailiff will begin forced recovery of alimony. To establish the place of work, the size of earnings, the availability of property at the payer of alimony, it sends requests to various instances: to the accounting department at the place of work, to the tax authorities, EGRN, the traffic police, in the departments of banks where the payer of the alimony is served.

If we speak frankly, stacks of cases about the recovery of alimony are dusting on the tables of bailiffs, so the qualitative performance of this work is simply impossible. As a rule, after a short oral conversation with a payer and several requests in the instance, the activity of the bailiff weakens. Unfortunately, the recipient often has to personally control the entire process - from submitting an application to the search for the debtor or the arrest of his property.

Can do it by way Feeding a petition:

• on the limitation of the departure of the payer outside the country. Based on the received petition, the bailiff must make a resolution on the prohibition of leaving the territory of the Russian Federation, which is sent to the migration service and is valid for six months;
• on the imposition of the arrest on the property of the payer. The petition should list the composition of the property and its approximate cost, as well as indicate the location. As a result of the arrest, the payer will not be able to dispose of property, it will be sold at the auction, and from the reversed funds - the debt is paid for alimony.
• on the accrual of a penalty for the amount of alimony debtwhich accumulates the same as the principal debt.

By the way, it is precisely with the calculation of the total amount of debt bailiff and the procedure of its recovery begins.

Recovery of arrears for alimony through bailiffs

The main part of the work of bailiffs is the recovery of debts. After all, as a rule, most payers avoid making payments and ignore the notifications of bailiffs about the appearance, the fulfillment of alimony obligations and debt repayment.

To charge arrears in alimony, it is not enough to contact the bailiffs. It is necessary for the appropriate court decision.

As mentioned above, the recipient of the alimony should submit a petition of the attractive and receive a certificate. This document can be addressed to the court for the executive document on the recovery of alimony debts.

When an executive list or judicial order will be on the table of the bailiff, the debt collection procedure will begin, involving the following actions:

• from the earnings of the debtor, the amounts exceeding the amount of aliminal payments are held forced - until the debt is repaid;
• additional sources of debtor's income (for example, payments for deposits and securities) are identified;
• the property belonging to the debtor is established, its value is determined;
• the debtor bank accounts are arrested, and the funds available on them are listed by the recipient of the alimony;
• the sale of the debtor property is carried out, and debt is compensated for the proceeds.

Help from bailiffs for alimony (sample)

Help for alimony may be required by the recipient, and the cash payer for the maintenance of the child. For example, for presentation to the Bank, the Tax Inspectorate, in the service of labor and employment, social service and other institutions - to confirm their income and expenses.

To get a certificate of alimony, you need to contact a statement where these alimony is held and listed from the payer to the recipient. For example, to an organization or an enterprise where the payer of the alimony works. Or to the bailiff, which controls the process of deduction and transfer of funds.

Help form may be free, there is no single sample for this document. The main thing is that the help contains the necessary information and complied with the requirements for official documentation.

So, the certificate of alimony should contain data on the payer and the recipient of the alimony, the number of the executive document, the start date of the enforcement proceedings, the date of alimony payments, the amount of money, which were kept and listed, the total amount of retained and listed alimony. The document indicates date of issuance, validity period.

The certificate must have an angular seal with the name of the organization or enterprise, the number and date of the issuance of the document, as well as the round seal confirming the signature of an official who issued the document.

Inaction of bailiffs: where to complain what to do?

Companies on the quality of the work of bailiffs for the recovery of alimony a lot. Often from lonely mothers, you can also hear the fear of lazy or irresponsible workers of the FSSP, which are in no hurry to attract fathers to the fulfillment of aliminal obligations.

What if the alimony is not voluntarily paid, and the bailiff does not take any action for forced recovery? To complain!

A letter with a complaint about inaction (less often - the illegal action) of the bailiff must be submitted to a higher bailiff, in whose subordination there is a guilty bailiff. For example, the main bailiff of the city (district), region (regions, edges), countries.

A letter with a complaint against actions (or inaction) of the bailiff may also be filed by the prosecutor.

Opinion expert

Alexey Petrushin

Lawyer. Specialization family, housing law.

In the letter it is necessary to describe the circumstances of the case. For example, when an executive document was issued when enforcement proceedings were opened, what amount should paid the payer, whether he had an alimony payments that the alimony arrears were formed, what actions took or did not accept a bailiff for the recovery of aliminal payments and paying the amount of debt.

Then you need to refer to the norms of legislation that allow the recoverer or the debtor to appeal actions or. After that, it is necessary to formulate your request, for example, to recognize illegal actions or the inaction of the bailiff, take measures to eliminate these violations of the law and the restoration of violated rights.

By issuing a letter with a complaint, it is necessary to attach documents to it confirming the payment or non-payment of alimony, the presence or absence of alimony debt. Such a document may be a certificate that was discussed above, as well as receipts about postal translations, bank statements, receipts.

A letter with a complaint should be considered for 10 daysAfter that, the applicant should be received a written response to considering the complaint and accept the necessary measures. As a rule, a certain shift in the work of the bailiff appears.

Is it possible to change the bailiff?

There are cases when the recoverer or payer of the alimony does not suit not only the work of the bailiff, but also his personality.

Although the bailiff is an official guided by the prescriptions of the law and professional ethics, it remains a person. Prejudation, rudeness, deception, extortion ... We will not thicken the paint, but in life, as you know, it happens differently.

Is it possible to change the bailiff? The law is not provided by law.

The first thing to be done in the situation has arisen - write letter with a complaint about the bailiff Superior bailiff or prosecutor, which was mentioned above. Having received a complaint to the subordinate, the head "does not stroke the head". Perhaps after this, the bailiff will replace the tactics of behavior, will revise its attitude to work.

The complaint is a measure provided for by law. At the same time, with the filing of a complaint against the bailiff, you can contact a higher bailiff (for example, the head of the SSP department) with a request to convey to another employee. It is possible that such a request will be satisfied.

There are cases when the bailiff does not have the right to take on the conduct of enforcement proceedings. For example, if he is a relative of the recoverer or payer of alimony, if he is personally interested in the outcome of the case if there are other circumstances affecting its objectivity and impartiality. Such a bailiff should self-sharing. If the self-discharge is not declared, the recoverer or the payer of the alimony should submit a submitting official to the application of the bailiff. Of course, this statement should be a substantiation.

Recent changes: January 2020

After the divorce, the parent with whom the child remains is entitled to receive alimony from the former spouse. Unfortunately, not everyone seeks to voluntarily fulfill the responsibilities for the maintenance of the child. In this case, the case is transferred to the council service. However, by virtue of different circumstances, the recipient sometimes has to control himself, as bailiffs charge alimony and whether they are taking all the necessary steps to receive money.

The reason to appeal to the bailiffs can be two reasons.:

1. Submission of a court decision on the recovery of alimony when the recipient does not want to independently deal with this issue.
2. Education of debt on the payment of alimony.

After receiving the executive list on the hands or in the presence of an aliminal agreement, the recoverer addresses the support service with a statement.

Previously, it is necessary to find out the reception hours, since experts may be absent in the workplace on official affairs.

The deadlines for filing the application are limited only by the period during which the right to alimony is valid. In normal cases, this is the 18th anniversary of the child, in some cases, aliminal obligations ends earlier or extend after the age of adults achieve. It is possible for a period of no more than 3 years, including after the child is 18.

Decides the service of the attachment at the place of residence of the payer. If it turns out that territorial production falls under the jurisdiction of another unit, the case is transmitted by bailiffs.

For circulation will be required:

• passport of the recipient of alimony;
• Certificate of the birth of a child;
• Executive list or an alimony agreement.

The statement indicates:

• Alimony recipient data: FULL NAME, address, contacts;
• executive document (name, issue of issuance or compilation);
• the amount of recovery and the date of arrears;
• Information about the payer: FULL NAME, Passport details, famous addresses, place of work, contacts;
• details where funds will be listed;
• Other information.

After receiving the application, the attractive will talk with the recoverer. During the conversation, the specialist finds out the information necessary for the search for the debtor. These may be addresses for which he can live, contacts close relatives, etc.

To be able to recover money, the bailiff is also desirable to provide information on the property of the debtor, known sources of additional income, etc.

Based on the information received, the attract decides on the initiation of production or refusal to this.

After the start of production, the bailiff causes a payer to receive to clarify the circumstances of the case and personal presentation of the decision. If there is a debt behind it, the attract reports the need to repay it to a certain date. Also, a specialist warns the debtor about the possibility of applying administrative measures to him and initiate a criminal case for malicious evasion of alimony.

The easiest way to recover money from a working person is. In this case, the documents are departed at the place of work, and on their basis, accounts makes salary deductions in the desired amount.

If a person does not work, but he has an official source of income - scholarship, pension, unemployment allowance, etc., the executive list is sent to the payout authority.

Disabled citizens, alimony is usually prescribed in a solid monetary amount. The attractive looks out the possibility of payer to pay it. If the debtor has no funds for repayment of debt, additional sources of income are clarified - rental of real estate, bank deposits and securities, informal income from the work performed or services rendered, etc.
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When no sources of income were detected, to recover the debt, the attractive is eligible to impose arrest on property. The payer is given time to pay off debt. If this is not done in a timely manner, the arrested property is put up for trading. The revenue amount goes to the payment of alimony and accumulated penalties.

If the alimony does not have a well-known source of income and did not appear on the call, the abill takes measures to be a search. Initially, the debtor is looking for a place of registration. If it does not turn out there, the specialist must check other well-known addresses - parents, relatives, acquaintances, etc.

For the search for the debtor and establishing the property belonging to him, the prefation sends requests:

• the bank, the customer of which is the debtor, as well as to other financial institutions in order to identify accounts and deposits;
• in traffic police;
• to Rosreestr;
• to the pension fund;
• to the GULD Reference Bureau;
• in tax service.

When debt can be reduced

In accordance with Art. 114 of the RF IC of the Russian Federation can be exempt from the payment of arrears that caused severe illness or other valid reasons.

In the law, these reasons are not specified, but on the current judicial practice they include:

• The emergence of other dependents, because of which it is impossible to pay alimony in full;
• deterioration of the material position of the payer;

In addition, situations are taken into account when the debt arose no about the fault of the payer:

• He did not receive a court decision on assigned obligations;
• wage delays provided that this is the only source of income;
• wines of persons responsible for transferring money (mail, bank, accountant);
• Other unforeseen circumstances to which the payer could not affect.

If it is established that debt formed inadvertently, its size can be reduced in court or canceled (in exceptional cases). Also, with unintentional debt, the fines and penalties are not charged or declined.

If the payer evades communicating with bailiffs and a recovery, hides the place of residence or real income, does not register for employment employment service, etc., this is considered an intentional violation of alimony obligations. In this case, the debtor cannot count on any benefits and reduction of payments.

Measures to recover funds

As an effective measures to stimulate the payer, close the duty of bailiffs have the right to apply the following measures:

• ban on departure from the country;
• restriction on the right to use the vehicle (except when the management of it is the only source of income);
• arrest bank accounts;
• the arrest of property with the possibility of implementing it from trading on debt repayment;
• Announcement of the debtor's search hiding his place of residence.

If the recipient seems that the bailiffs do not take all the necessary measures to search for the debtor, he has the right to familiarize himself with the documents available in the case.

If he is convinced that the ability to inflict with its duties (for example, once came to the place of registration of the debtor and no longer undertakes to find it), the recipient may file a complaint with the superior management or the prosecutor's office. Also, the bailter must be informed about the cessation of the receipt of money so that it can take the necessary measures in a timely manner.

The payer also has the right to appeal unlawful from his point of view of employees.

When the former spouse is purposefully evading his duties on the maintenance of a child, you should not try to form it. It is better to transfer the case to the service. Her employees have broad authority to search for the debtor and forced recovery of money from it. If the recoverer seems that the abill in good faith refers to their duties, he has the opportunity to appeal against the actions of a specialist or ask him to replace.

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