Write an application for calculation of alimony debt. How to draw up an application to the bailiff for the calculation of alimony debt? In what cases is alimony debt calculated?

The main problem in collecting alimony is debt formation when, for a variety of reasons (unintentional or intentional), the debtor does not transfer the required amounts of payments (or transfers them in an incomplete amount), and the recipient is left without the funds established by the court or a notarial voluntary agreement.

Debt on alimony- the amount of alimony funds formed over a certain period as a result of non-payment, established by a court decision (court order) or voluntary agreement, subject to subsequent payment by the debtor to the collector, or possible for reduction or liquidation.

Initial measures to repay the resulting debt should be taken by the person conducting the proceedings, who is endowed with fairly broad official powers in this area. However, in reality, bailiffs rarely show such official initiative, and often collectors even clash with these officials.

If the alimony debt accumulates over a long period of time and reaches a significant amount, recipient party can use the judicial mechanism for collecting it, i.e. file a corresponding claim.

When filing such a claim, the recipient of funds can also demand from the court other losses incurred by the person due to non-payment.

The court decision and the writ of execution against the debtor obtained as a result of the consideration of the claim are transferred by the claimant to the Office of the Territorial Bailiff Service, as a result of non-fulfillment of which measures to apply liability to the debtor can be taken up to (see Article 157 of the Criminal Code of the Russian Federation).

Procedure for drawing up a statement of claim

The rules for preparing any civil claims are reflected in Art. - The Civil Procedure Code of the Russian Federation, which indicates the main components of the statement of claim and the list of necessary documents to secure the claim.

In order for a claim to be accepted for consideration by the magistrate court without delays or comments, it is necessary to comply with the basic rules for its preparation and provision of sufficient supporting documents:

"Cap" of the claim- this is an indication of the addressee and addressee of the document, consisting of:
- names and addresses of the magistrate's court;
- contact information of the plaintiff (status - plaintiff, full name, residential address, contact phone number, email (if available) and similar information about the plaintiff’s representative by proxy (if he is involved in the case);
- information about the defendant (status - defendant, full name, residential address, current known telephone number).
Name of the claim- “On the collection of arrears of alimony.”
Main part of the claim:
- A thesis statement of the facts about the collection of alimony and the initiation of proceedings to enforce a court decision;
- Date of occurrence of the payer's debt;
- Bringing evidence confirming the formation of the debt (a copy of the order for its calculation from the bailiff, a printout of a bank card with no amounts of alimony payments received, etc.);
- Description of the rights of the collecting party violated by the actions of the debtor during the period of non-payment of funds (for example, credit obligations arising due to financial difficulties, the child missing additional classes with a tutor or coach, etc.);
- (if the funds are collected through the court, you can request a settlement order from the bailiff; if payments are delayed under the alimony agreement, the plaintiff will have to calculate the amount of the debt independently).
Claim requirements- the demand in its wording will actually repeat the name of the claim - “ collect arrears of alimony from the debtor-defendant (full name) in favor of the plaintiff (full name) in the amount of (indication of the amount of the debt calculation)» with mandatory references to current legislation.
Attached documents(in two copies - for the court and the defendant):
- Statement of claim;
- Copies:
  - plaintiff's passport;
  - birth certificates of the child(ren);
  - (in the presence of);
  - court decisions on the collection of alimony (if any) or a copy of the notarial agreement on their appointment;
  - regulations on;
  - on the issue of alimony debt and taking measures to repay it;
  - orders from bailiffs on debt settlement;
- A printout of receipts of payments to the claimant, confirming the absence of alimony accruals;
- Original certificate of income of the plaintiff (if available);
- Other documents relevant to the case.
For example, if in court the applicant refers to the fact that due to non-fulfillment of alimony obligations and the formation of debt, the plaintiff took out a loan due to the impossibility of paying for additional classes for the child (or paying for a trip), it is necessary to confirm his words as attached document submit a copy of the loan agreement.
Date and signature of the applicant(or the plaintiff’s representative by proxy).

Sample debt collection statements can be viewed below or downloaded.

To the Magistrate's Court of the Sovetsky District of Bryansk
241019, Bryansk, st. Stepnaya, 4
Plaintiff: Aminova Anna Yurievna,
Bryansk, st. Bypass, 12-12
contact/tel. 8-950-950-50-50
Defendant: Aminov Bakhtiyar Ruslanovich,
Bryansk, st. Kostycheva, 257-10,
contact/tel. 8-900-900-00-00
Statement of claim for debt collection and penalties
for alimony
After the dissolution of the marriage with the defendant Aminov Bakhtiyar Ruslanovich, dissolved by the decision of the magistrate court district of the Sovetsky district of Bryansk on October 26, 2012, I was assigned alimony in favor of our joint daughter, Ainur Bakhtiyarovna Aminova, born on April 8, 2006, in the amount of one quarter of the defendant’s income .
Until September 2016, the defendant conscientiously fulfilled his alimony obligations, although alimony payments were quite low - no more than 3,000 rubles per month, due to the submitted certificate of income at the defendant’s place of work.
September 8, 2016 bailiff Makarova O.N. called me and said that the defendant’s place of work had received a message and a copy of the order about his dismissal at his own request; they had not provided any information about the defendant’s new employment. This data is also unknown to me, as the collecting party.
In mid-October 2016, I applied to the territorial department of the Federal Bailiff Service with an application to resume enforcement proceedings, wrote a petition to put the debtor on the wanted list, because The bailiffs informed me that he was absent from his place of residence and that his contact numbers had been disconnected.
As of 01/01/2017, according to the resolution on the calculation of debt, the alimony debt of Aminov Bakhtiyar Ruslanovich is 35,451.09 rubles.
I have been supporting my 10-year-old daughter independently and unilaterally for four months, despite the legal obligation of both parents to equally participate in the upbringing and maintenance of the child. In addition to her school work, Ainur is actively involved in tennis, has a sports rank, takes extra classes, goes to training camps in Moscow - the girl’s development in this direction is associated with large material costs, which I cannot refuse, since this would be contrary to the interests of the child.
In contradiction to the court decision on the collection of alimony, violating the legal rights of the child, Aminov B.R., acting intentionally, quitting his job at his own request, allowed the formation of arrears in alimony payments.
Considering the above, in accordance with Art. 131-132 Code of Civil Procedure of the Russian Federation, art. 113, 115 RF IC,
I ASK THE COURT:
Collect from gr. Aminova B.R. arrears of alimony in favor of Aminova's minor daughter Ainur Bakhtiyarovna for the period from 09/01/2016 to 01/01/2017 in the amount of 35,451.09 rubles;
Collect from gr. Aminova B.R. penalty for alimony in favor of the minor Ainur Bakhtiyarovna Aminova for the period from 09/01/2016 to 01/01/2017 in the amount of 5,540 rubles;
According to paragraphs. 15 clause 1 art. 333.36 of the Tax Code of the Russian Federation - exempt from payment of state duty.

I am attaching the following documents to the statement of claim (in two copies):
A copy of the plaintiff's passport;
A copy of the divorce certificate;
A copy of the child's birth certificate;
A copy of the resolution to initiate enforcement proceedings;
A copy of the application for renewal of the application. production;
A copy of the order to search for the debtor;
A copy of the resolution on debt settlement;
Certificate from the child’s place of study;
Certificate from the tennis center;
Copies of the child’s certificates for participation in competitions;
Certificate of income from the plaintiff’s place of work;
Appendix – calculation of penalties for alimony.

"____" _____________ 2017 _________________ /A.Yu. Aminova/

Jurisdiction of a claim for collection of alimony debt

The claim is submitted to world court according to Art. 23 of the Code of Civil Procedure of the Russian Federation according to the rules of alternative jurisdiction (at the applicant’s choice, Art. 28, Code of Civil Procedure of the Russian Federation):

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A certificate of arrears of alimony is issued upon request to both participants in enforcement proceedings. The bailiff provides this information upon the relevant application, with attached copies of the writ of execution and the passport of the interested person. The parties can also obtain this document with the help of a representative by proxy.

A certificate from the bailiffs regarding non-payment of alimony is required in the following cases:

To collect a debt through court.
To determine the total income of a family applying for government benefits or subsidies.
To obtain certain benefits due to non-payment of alimony.
To resolve the issue of depriving a citizen of parental rights due to failure to provide financial assistance in maintaining children.
Challenging the amount of debt by the debtor himself in case of disagreement with the bailiff's decision.

In addition to these cases, such a certificate is required by some banks when issuing a loan.

How to make an application

There are no specific requirements for the form of the application itself, as well as established templates. The main condition is that it must be in writing and contain the following data:

name and address of the unit of the Bailiff Service;
details of the husband and wife - last names, first names, patronymics, dates of birth, residential addresses, passport numbers.

If the applicant is the debtor himself, it is not necessary to provide information about the creditor.

details of the writ of execution and the date of the court decision;
the time of concluding an agreement on the payment of alimony - if any;
method of collection (in a fixed sum of money or in shares);
date of last payment;
the period of time during which no money is paid;
requirement to calculate the debt incurred;
list of attached documents;
applicant's signature.

The absence of at least one of these points may result in the return of the application to eliminate deficiencies. You can obtain its sample on the official website of the Federal Bailiff Service or directly from an authorized person.

Submission nuances

The application with the attached documents is submitted to the office of the SSP and is subject to mandatory registration within 3 days from the date of receipt. It is important that the office employee provides the applicant with a document confirming the fact of the application.

After registration, it is sent to the head of the FSSP unit, where it is reviewed within 30 days. Based on the results of the consideration, the bailiff issues a resolution on the calculation of alimony debt. If the applicant does not receive a response to the request within the period established by law, he has the right to file a complaint about the inaction of the official:

To senior management in the order of subordination - at this level a decision is made to conduct an internal audit.
To the prosecutor's office - the authorized prosecutor in relation to the bailiff issues an order to eliminate violations of the law.
To the court - the appeal is considered in administrative proceedings, a decision on the case is made 25-30 days after the appeal.

Debt recalculation

In addition to information about the existence of existing debts, the bailiff provides certificates about their recalculation. To order such information, you must prepare an application, the contents of which are similar to the previous one. Only the operative, so-called “petitive” parts of the documents will differ. If recalculation is necessary, the applicant indicates precisely this requirement. The debt is subject to re-calculation during annual refinancing.

In the first and second cases, the debt is determined based on the amount of income of the debtor. In their absence, the average salary in the Russian Federation during the period of non-payment is taken as a basis.

The bailiff has no right to refuse the applicant's request. Refusal for any reason is considered illegal and is subject to appeal. As for the content of the certificate itself, it must include the following information:

full name of the locality where the FSSP unit is located;
Full name of the official responsible for enforcement proceedings;
information about the parties (full name, residential address, place of work, passport details);
the amount of alimony established by the court;
details of the writ of execution;
the length of time during which the debt arose and its size;
“layout” of missed payments by month;
date of compilation, form number, signature of the performer, seal.

Debt certificate and further actions

The order of subsequent actions is determined by the reason for receiving the certificate. If the applicant plans to recover the debt in court, he should contact it; if a certificate was required to apply for benefits or subsidies, he should contact the social security authority, and so on.

Most often, a blank document is required to apply to the magistrate's court. Therefore, we will consider this procedure in more detail.

So, a certificate of debt is the basis for its collection through the court. This dispute is resolved through litigation, where the parent receiving alimony is the plaintiff, and the alimony provider himself is the defendant. Such requirements are not subject to state duty. In the statement of claim you must write:

Name of the magistrate's court.
Full name of the plaintiff and defendant, their dates of birth, residential addresses, passport details and contact numbers.
Information about the child (children) and the circumstances on which the plaintiff’s arguments are based.
Direct demand for recovery.

Examples of statements of claim are freely available on stands in court buildings. Copies are attached to the claim:

plaintiff's passport;
birth certificate of the child (after reaching the age of 16, a passport is attached);
certificates of debt;
extracts from the house register confirming that the child lives together with the plaintiff;
agreements on payment of alimony (if any).

After accepting the application for proceedings, the judge may request other documents, in his opinion, that are relevant to the case.

Child support disputes are almost always resolved in favor of the dependent parent. Based on a positive decision, the plaintiff can take a writ of execution, which, in turn, is the basis for subsequent collection. To do this, you just need to wait until the court decision comes into force.

After receiving the writ of execution, the bailiff is obliged to initiate new proceedings against the previous debtor. If he refuses or is unable to voluntarily repay the awarded amount, the bailiff proceeds with forced collection. If a parent does not have a job and his income is not enough to pay off the debt, the executor is obliged to find out whether he has property or unconfirmed sources of income.

If there are sufficient funds, the amount of debt is collected in a lump sum. If the debtor receives a monthly salary (pension, benefit) or profit from commercial activities, then payments are made in installments. According to the law, more than half of his monthly allowance cannot be taken from the defendant. Therefore, child support is often returned within several years.

If a person evades repayment by concealing income or imaginary dismissal, the bailiff seizes his movable and immovable property, then seizes it and sells it at auction. The proceeds go to the creditor.

They often take many years to pay, because this must be done until the child reaches adulthood. Moreover, if they are paid not as a percentage of wages, but as a fixed amount, then it remains unchanged - the same as determined by the court. However, the value of the ruble falls year by year due to inflation, and the amount that was once sufficient eventually becomes too small to provide for a child. For this purpose, the law provides for recalculation of the amount of alimony. This also applies to alimony that was not paid earlier for some reason - recalculation of alimony for the past period is also possible. How to achieve it and what is its order?

If the court has ordered the payment of child support, or you have signed an agreement on this with the other parent, this does not mean that it will actually be paid. Sometimes the payer may violate the schedule, do them not in full, or. All this leads to debt. Therefore, the legislation has mechanisms to protect the recipient and still recover funds from the defaulter for the maintenance of the child. In addition, in case of non-payment, the debtor faces severe penalties, including criminal liability. But each case is individual, and before taking action against the defaulter, a detailed analysis of the reasons why he did not pay alimony is carried out.

The most common reasons why alimony arrears arise:

The debtor avoids payments.
Due to lack of income, health status, family or other circumstances, the debtor cannot make payments.
The accounting department of the enterprise where the payer works made an error when calculating.
The recipient refuses to receive transfers or hides his location.

Bailiff's resolution on debt settlement

The resolution must be drawn up by the bailiff who is responsible for the proceedings in this case.

He can execute the decision either on his own initiative or at the request of the claimant or other interested person. is carried out in any form; if it is submitted not by the interested person (usually the recipient), but by his representative, then a power of attorney is required, a copy of which is attached to the application.

After this, the bailiff will issue a resolution certified by his signature and seal. In what cases is it issued?

If previously the collection was carried out under a notarial agreement, now it is carried out by a court order.
If an appeal is made on the issue of a citizen’s evasion of payments regarding the deprivation of his parental rights or the initiation of a criminal case.
If an application for a reduction in payments is being considered.
If carried out.

There are other cases in which it is necessary to recalculate the past period for subsequent payments.

Debt recalculation procedure

For the past period, you can contact the bailiff, or through the court. The bailiff is contacted if, during open proceedings, the payer did not transfer alimony, as a result of which a debt accumulated. As for the second, a lawsuit is filed when the parties are unable to agree on the amount of the debt. Then the court is engaged in its determination.

So, proceedings have been opened based on the writ of execution. As a general rule, payments must be made directly from the day indicated in the document. However, sometimes a recovery is also carried out for the past period not exceeding three years, and the amount that must be paid for it is recalculated. If alimony is not paid, the accumulating debt must be recalculated from time to time and forcibly collected.

Application to the bailiff

But let's get back to the statement. We attach several samples of it to the article. In addition to them, there may be other, related topics. In any case, it must contain the following information: an indication of the authority to which the document is submitted, information about the plaintiff and defendant, brief information about the court decision that awarded alimony - its number, date of adoption, essence, reasons that prompted the request for recalculation, finally, a list of documents accompanying the application.

We emphasize that it is important to disclose why the need for recalculation arose, while referring to the documents attached to the application. It is important to note that the share of alimony payments in family income has decreased significantly.

What documents must be attached?

A judgment awarding payment.
Documents indicating a change in financial situation.
A receipt indicating that the duty has been paid.

Actions of the bailiff

There is no need to go to court again to carry out these procedures, since all of them are carried out within the framework of already open proceedings and are the work of the bailiff leading the case. His responsibilities include sending notifications of the debt, withholding funds from the debtor’s wages, identifying other sources of income, including unofficial ones, and withholding alimony from them as well. If it is impossible to pay off debts through these actions, it will be necessary to seize the debtor’s accounts and property, and also determine the extent of liability for him.

The duties of the bailiff also include debt recalculation. It must be carried out quarterly and formalized in the form of a resolution.

In fact, due to heavy workload or for some other reasons, bailiffs do not always fulfill their official duties in full. If the recalculation is not completed on time, the payer can contact the official to have it completed, and if refused, write a complaint to higher authorities.

How is alimony debt recalculated? In one of two ways:

in a fixed amount;
as a percentage of the payer's earnings.

The application indicates the method you prefer.

In a fixed amount

This recalculation is also called indexation. and debt will change along with changes in the cost of living. Indexation is carried out so that inflation does not affect the financial support of the child. The basis is either the regional subsistence minimum or, in its absence, the federal one.

In percentages

To make the calculation, you must provide the bailiff with certificates of the debtor’s salary for the reporting period. If the payer did not work during this period, or does not want to submit certificates, the calculation will have to be carried out based on the state average.

Is it possible to challenge a debt settlement order?

If the decision made does not suit one of the parties, then it can be challenged in one of two ways:

File a complaint with the court against the actions of the bailiff and a request to cancel his decision.
File a lawsuit to determine the amount of debt.

In what cases are complaints about the bailiff's decision most often received?

If he did not take into account all payments made by the debtor. Then you will need evidence of their commission.
If the calculation was carried out based on the average salary, despite the fact that the payer had income during the calculation period, which should be taken into account when determining the amount of debt.
If the bailiff, when determining the amount of the debt, took into account the payer’s income from one-time transactions, which is contrary to the law.
If the bailiff did not request information about income, and simply carried out calculations based on the average salary.
If the bailiff made errors during the calculation.

Who is eligible?

First, let’s figure out who can act as an applicant in the issue under study. The following persons have the right to collect arrears of alimony:

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

Any legal representative who cares for a minor is able to bring the idea to life. Most often, applicants are mothers of children. But under certain circumstances, an already grown child may demand compensation for the child support debt.

How much can I charge?

Some people are interested in how long alimony can be demanded for. An application for calculation of alimony debt (a sample of it is presented to our attention below) is submitted to the appropriate authority, depending on the situation. The deadlines for appeals and debt repayment vary.

There may be the following options:

There is no court decision; the person did not pay alimony voluntarily. Debt is collected only for the last 36 months from the date of filing the corresponding request.
There was a voluntary payment of alimony without trial or peace agreements. They only collect money for those periods when there were no money transfers. For example, over the past few months.
There was a court decision or a formal agreement. The debt is collected for the entire period of delay - even for 2 months, even for all 18 years.

Where to go

Where to submit an application for calculation of alimony debt? This issue worries many citizens. After all, it is always important to understand where they can help solve the problem.

If there was a court decision, then the first thing you will have to do is contact the Federal Bailiff Service of Russia. They will help you calculate the debt and issue a certificate indicating information about the debt.

Data in the application

What information should be in both mentioned documents? An application to the bailiff for the calculation of alimony debt, as well as for debt collection, is not so difficult to write. Especially if you know what data necessarily contains requests.

They usually indicate:

name of the Federal Bailiff Service of Russia/court;
personal information of the applicant (last name, first name, patronymic, residential address);
contacts for communication;
information about the alimony payer;
document's name;
information about enforcement proceedings, if any;
information about the latest receipts of alimony;
the period during which funds were not transferred;
request to settle the debt/collect funds from the defaulter;
list of documents attached to the application;
date of submission of the request;
applicant's signature.

About the structure

Alimony for the maintenance of a minor child is usually collected during a divorce. How to write an application for debt collection and settlement?

We have become familiar with the basic information reflected in the document. What can you say about the structure of the papers?

The statement of claim for the calculation of alimony arrears and the collection of the corresponding amounts has a clear form. More precisely, the structure. It is recommended to follow this to avoid unnecessary problems with accepting requests.

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

"Hats." It is written in the upper right corner of the page and contains information about the court and the applicant.
Names. Write in the center of the sheet from a new line after the “header”. Begins with the word "Statement".
Clarifications. This is a continuation of the name. It is written slightly lower with a small letter. For example, “...on the collection of alimony arrears.”
Main part. Here it is customary to write the main idea and request when submitting a request.
List of attached papers. It should be numbered.
Conclusions In this part, the application form is written and the applicant’s signature is placed.

Perhaps this is all that a citizen will have to remember. on the calculation of alimony debt, brought to your attention, consists of precisely such components.

Presentation form

Some are interested in the presentation form of the paper being studied. Everything here is extremely simple - usually the application is submitted in writing. It can be filled out either on the computer or by hand. Nothing difficult or unclear.

Oral communication does not take place in the situation under study. But you can contact the previously mentioned services by email. Electronic applications are not yet in great demand among the population.

Otherwise, there are no special requirements or standards for drawing up claims. They are written in free form, taking into account the peculiarities of office work.

Terms of consideration

We figured out how to draw up an application for calculating arrears of alimony. How long will it take for a request to be considered?

By law, you have 30 days to respond. They cannot refuse to accept a request. This is prohibited by Russian law. A claim for alimony is also considered for no more than a month. But, as a rule, the corresponding decision is made faster.

Documentation

The presence of alimony arrears can be found out from the bailiffs or using their website. What documents will be useful for filing relevant claims? Without some papers, the appeal cannot take place.

Most often, citizens are required to:

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

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

After the trial

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

As soon as the applicant has this or that court decision in his hands, it will need to be used. The plaintiff will be given:

a copy of the court decision;
performance list;
extract from the court order.

With these papers you must come to the bailiff service at the payer’s place of residence. Then all that remains is to wait. It is possible to contact the SSP at the person’s place of work. No further action is required from the plaintiff. The bailiffs themselves will deal with the forced collection of alimony from the defaulter.

Penalty

It is worth paying attention to the fact that if a citizen has arrears in alimony, it causes a lot of trouble. The point is that in this situation one can go to court to collect a penalty. This is compensation for delay, which is transferred to the disposal of the applicant.

The amount of the penalty is usually calculated at the rate of 0.5% fine for each day of delay. Exact payments are usually announced by bailiffs. It is not recommended to calculate the penalty yourself. After all, the risks of making mistakes are great. This may result in the claim being rejected.

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

Consequences of debt

What can alimony arrears lead to? In Russia they are trying to fight this violation with all their might. And therefore the consequences can cause a lot of trouble for the population.

In Russia for non-payment of alimony:

restrict the debtor's movement - travel abroad is prohibited;
driver's license is taken away;
"freeze" accounts;
property is seized and sold, and the proceeds are used to pay off the debt;
impose payment of fines;
sent to prison (extremely rare);
forced to perform compulsory or forced labor;
arrested for a while.

Accordingly, it is better not to accumulate alimony debts. And pay them if forced collection occurs. Otherwise, the consequences will negatively affect a person’s future life.

Exemption from alimony

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

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

finding one of the parties (or both) in a natural disaster;
stay in the territory of military operations;
being in an area controlled by militants or terrorists;
other force majeure circumstances beyond the control of the parties.

Also, the debt will not exist if it was formed through the fault of third parties. For example, due to the slow operation of banks or failures in their systems.

You can avoid paying child support:

if the fact of paternity has not been established;
upon the death of a child;
after children reach adulthood;
if it turns out that the children are not from the alimony payer (subject to the absence of adoption and proof of deception of the citizen).

In all other cases, alimony is paid until the children reach adulthood or become emancipated. This is quite normal.

What does not exempt you from alimony?

Some people believe that if the alimony payer does not have sufficient finances, they can be freed from responsibility for maintaining children. But actually it is not.

The following factors do not cancel alimony:

bankruptcy;
low income;
receiving disability;
loss of ability to work;
retirement;
the birth of “new” children;
regular alimony obligations;
taking out loans and borrowings.

In reality, everything is simpler than it seems. If you comply with the listed features, you can easily demand alimony, calculate it and collect it.

Sample

Below is a sample application for calculation of alimony debt. This is just a template to guide you when writing a claim.

The general principles for creating the mentioned document are now known to us. Calculating alimony debt and collecting the corresponding amounts will no longer cause any trouble.

In the process of withholding alimony, the main thing is almost always control over its timely payment. In this case, there is a need to fill out an application for calculation of alimony arrears.

Payments for alimony are provided from one spouse to the other for maintenance, from children, directly, if he needs financial assistance or is raising a child under 3 years old, to a pregnant ex-wife or who has a disabled child to support.

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The issue of assigning payments is determined by the court. Also, this issue can be resolved by the parties by mutual agreement in a written, notarized agreement or in a marriage contract.

After the court has appointed alimony, a writ of execution is issued based on its decision. The recipient of the funds sends this document to the bailiffs or to the accounting department at the debtor’s place of work.

Child support arrears must be determined for the following:

if there is one, the recipient has the right to social assistance;
if the recipient wants to force the alimony payer, then, based on the debt that has arisen, he can ask the bailiffs to foreclose on the debtor’s property;
debt is also needed in order to seek to open a criminal case for evasion of alimony payments;
the presence of debts also serves as a circumstance that the court pays attention to when deciding the issue of deprivation of paternity.

To retain a debt, the most appropriate action is to write a statement of claim to the court, which decides to retain the debt in a fixed amount. This will become an additional basis for seizing the debtor’s property, thus increasing the range of tools to influence the defaulter.

General writing rules

If the writ of execution is with the bailiffs, in order to find out the debt, you must write an application for calculating the alimony debt. A free form is provided for it: the name of the service (which district, city), and the full details of the applicant are indicated.

An example of a 2019 statement is as follows. It is indicated that the writ of execution (No., date of issue, about what) is being executed and the date of its submission for execution. Then, please calculate monthly alimony for the entire period that the document is being executed or for the period of time of interest to the applicant.

If the writ of execution is in the accounting department of the enterprise at the debtor’s place of work, then the responsible person (accountant) is obliged to make notes in it about the debt and its amount. An application in the form indicated above is submitted there.

The next stage may be a statement of claim to the court for the calculation of alimony arrears and their withholding.

Its sample must contain the following points (Articles 131, 132 of the Code of Civil Procedure):

Name of the court and its address.
Details of the plaintiff (full name, address, date of birth).
Full details, date of birth, place of work of the debtor, residential address, his TIN, contacts.
Details of the power of attorney, if a representative is involved in the process, his full name.
The following describes briefly when the court decision was made, about what, when the writ of execution was submitted to the FSSP, how much the debtor paid and, most importantly, what kind of debt (bailiffs must provide a certificate of this) or a calculation made independently.
They describe the norms that were violated by the defendant (although it is enough to indicate that he does not comply with the court decision, as evidenced by the debt that has arisen).
You can refer to facts that accompany the debt (abuses alcohol, etc.). It is appropriate to indicate that the alimony holder can pay, but avoids, and to describe his financial condition.
The main evidence is a certificate from the bailiffs or from the accounting department about the debt.
The rules of law that justify the requirements.
Cost of claim (amount owed).
Calculate the amount of debt monthly.
List of applications.

If the case is only about alimony between former spouses, then the claim is filed in the office of the magistrate’s court at the place of residence of the defendant in 2 copies, one of which the applicant keeps for himself - on it the office employee puts a mark on the acceptance of the documents. The defendant does not have to be notified.

It is filed with the district court when other interested parties (ex-wives, children from other marriages) are involved in the case. The claim is prepared for this court in 3 copies (the court, yourself and the defendant).

District Court in 5 day period must determine whether to initiate litigation or not. If yes, then the applicant is sent a summons with a court date. If not, the documents are returned indicating any deficiencies that need to be corrected. The first court hearing must take place within a month from the date of acceptance of the documents.

A statement of claim for the calculation of arrears of alimony in court is considered by a magistrate according to a simplified procedure within 1 month, while he does not call the parties.

The decision is made in favor of the applicant and is sent to him by mail within the specified period from the moment the documents are submitted to the office. But the defendant can challenge the court order, then the magistrate will schedule a court hearing according to the general rules with summoning the parties, judicial debates and other procedures.

In all cases, you need to pay (determined in accordance with clause 1 of Article 333.19 of the Tax Code of the Russian Federation) and submit a receipt along with all documents.

The following documentation is required to be submitted with the claim (example in 2019):

applicant's passport (copy);
copies of certificates: about the birth of a child, about marriage, about its dissolution;
a copy of the previous court decision and writ of execution;
the main evidence is the original certificate from the bailiffs or another body with the calculation of the monthly debt;
certificates from the Housing Office about the family composition of the parties (optional);
certificates of income of the alimony provider, other evidence;
the bailiff's responses to inquiries about the progress of execution of the writ of execution.

After the decision is made, you need to wait until it comes into force, take a writ of execution from the office and take it to the same bailiff service for execution

Sample application for calculation of alimony debt

A template sample of a statement of claim for withholding arrears of alimony is as follows:

To the magistrate...

(name and address of institution)

(full details, address, address, phone number)

Respondent: ...

Cost of claim: ... (amount of debt),

state duty... rub. and together... rub.

Statement of claim

On collection of arrears on alimony obligations

I, ... (F. I. O., d. b.) with .... on ... (date of marriage and divorce) was married to the defendant. We had a son... (full details of the child, birth name).

The marriage was dissolved according to a court decision ... (date, its details). Divorce certificate No.... dated... (date). The court decided to collect... (the operative part of the decision from whom to recover, for whose benefit, how much, how, until what time). Based on the court decision, a writ of execution was issued No. ... dated ... (date of issue).

The writ of execution was sent to the bailiffs ... (date of filing the document). Since that time, the actions of the bailiffs to withhold alimony have been ineffective. For the period from ... to ... the alimony payment did not pay anything towards repayment of alimony and debt. These facts are evidenced by the bailiff’s responses to my requests and the calculation of the debt (indicate the date of the certificate and their number).

According to paragraph 2 of Art. 107 of the RF IC, the debt is collected within a 3-year period after going to court, if it is established that before that measures were taken to withhold, but the alimony evaded payments.

According to the certificate dated ... No. ... issued by the bailiff, the debt amounts to ... rub. According to Art. 113 of the Insurance Code, I have the right to demand a penalty of 0.5% of the overdue amount for each day. I paid the state duty in the amount of... rub. In total, the debt amounts to: ... rub.

Based on what is described above, guided by Art. 86, 107, 113 RF IC, art. 131, 132, 29.98, 61 Code of Civil Procedure of the Russian Federation

To collect for my benefit from ... (F. I. O., full details, d. r.) for the maintenance of ... (F. I. O., d. r. child) arrears of alimony in the amount of ... rub., a penalty in in the amount of ... rub., and together in total ... rub.
To collect from ... (full name, full details, d.r.) the state duty paid by me in the amount of ... rub.

Date Signature

APPLICATION:

A copy of the claim for the defendant.
State duty receipt.
Copies of documents about divorce, birth of a child.
A copy of the decision and writ of execution on alimony (details).
Debt calculation, certificate from bailiffs.

Possible options

In the process of clarifying the debt, requests, complaints, statements are written to bailiffs or to the place where the writ of execution is located (accounting at the place of work, the bank where the defendant has accounts).

Bailiffs

Work with bailiffs must be fully documented; written responses should be kept - this is evidence of the alimony holder’s evasion from payment.

The main thing that can be done if the writ of execution is with the bailiffs, and the funds are not paid:

a complaint demanding that measures be taken to collect alimony (you can go straight to a higher authority, and then to the prosecutor’s office);
request for progress;
an application requesting to seize property and impose a ban on traveling abroad;
an application requesting to calculate the alimony arrears on a monthly basis;
a petition to the bailiff with a request to send documents to the police to open a criminal case for evasion of alimony.

There are no strict rules for the above documents; for them, as we have already said, free form is used (even by hand). The main thing is that the details of the applicant, the court decision, the writ of execution and the essence of the request are indicated.

Determining the amount

The defendant’s obligation to pay arises from the moment he goes to court or signs an alimony agreement. That is, if they have not been paid before, this period cannot be included in the calculation of the debt.

If you are a child support worker, then the debt is calculated based on the average salary for a given region.

The calculation formula is simple: wages (after deducting all taxes) or average wages are divided by the amount of alimony (often they are assigned in parts of income: 1/2, 1/3, 1/4) and multiplied by the months when there were no deductions.

If they are a fixed amount, then it is multiplied by the months when there were no payments. Also, do not forget about 0.5% and (the amount of inflation can be found in the statistics authorities).

Established procedures

So, in brief, the rules for calculating debt are as follows:

For the base, all types of income are taken into account, after deducting taxes, except for compensation for the loss of a breadwinner, for caring for the disabled, social special payments (for medicines, travel), for the maintenance of children, within the framework of labor legislation (travel allowances, for the birth of a child, for a funeral) . And also in addition to maternity capital, assistance from natural disasters, compensation from employers for vouchers, compensation for harm to health, for injuries received.
The debt is considered for the last 3 years after going to court, but only if the person takes measures to withhold funds (the bailiffs did this). That is, every three years it is necessary to file a lawsuit to retain the debt so that it does not disappear.
If the debtor does not work or his place of work cannot be determined, the basis for calculation is not the average salary in the given region. Information about it is provided by statistical authorities.
The debt can also be found out using the website of the bailiff service (fssprus.ru), where there is an entire database of enforcement proceedings.