The procedure for collecting alimony in enforcement proceedings. How do bailiffs work to collect alimony? Difficulties in collecting alimony after the court

After filing the divorce procedure, or under other circumstances that imply that the child will remain in the care of only one of the parents, a reasonable question arises - how to approach the alimony recovery procedure correctly? This measure is also justified in those circumstances where an agreement on the voluntary payment of funds for the maintenance of a joint child has not been concluded. Such a careless approach requires contacting official authorities and bailiffs. The complex recovery procedure is far from clear to everyone, although the bailiff service for the recovery of alimony makes sure that every citizen who finds himself in a similar situation is able to adequately defend his rights. The voluntary payment agreement itself must be certified by a notary. If the second parent did not provide funds to provide for the child voluntarily, then the alimony themselves are collected under article 80, art. 106 of the RF IC in an official judicial order. You can contact the bailiffs for recovery at any time after the right to receive them has arisen.

Features of collecting alimony

The very recovery of alimony through bailiffs occurs after the parent (whose support was left for young children) applied to the territorial executive authority at the place of registration or residence of the former half, which undertakes to pay the alimony itself. This measure is necessary in case of an official refusal of the second party, or in case of ignoring the required recommendations regarding the provision of cash payments. The payments themselves (when contacting the authority) on account of alimony will be assigned from the date of receipt of an official application from the parent, regardless of the further duration of the current trial. It is also important to understand that alimony arrears can only be collected for a three-year previous period.

Of course, even after receiving a writ of execution after the consideration of the case in court, it may happen that the defendant will not conscientiously fulfill his duties. The same situation can occur with the process of voluntary payment of alimony. This is due to various emergency situations, when the spouse suddenly stops regularly sending money for compulsory maintenance. It is for this reason that you should contact the bailiffs, who will help not only determine the procedure for collection, but also set fixed terms and amounts of all necessary payments.

The main problems that can interfere with the timely payment of alimony:

• lack of official income of the defendant;
• special evasion from payment of alimony;
• the presence of an unofficial source of income that cannot be established by official bodies;
• untimely application of the applicant to the official body.

What is the procedure for collecting alimony through bailiffs? Rights and obligations of bailiffs

The very procedure for collecting alimony by bailiffs is aimed at resolving the dispute as soon as possible. The main task of the bailiff in this situation is the realization of the goal of collecting payment from a person who is obliged to pay alimony within a specified period of time. The amount of current payments is specified in the official executive document. An official application to bailiffs for the recovery of alimony is submitted in a predetermined form.

Responsibilities of a bailiff in collecting alimony:

• the application of the necessary measures for the speedy execution of all obligations that lie on the shoulders of the debtor;
• granting the right to both interested parties to familiarize themselves with the documents that are in enforcement proceedings;
• consideration within the established time limits of the necessary issues regarding the current court decision or the agreement on the voluntary payment of alimony;
• obtaining and processing information about the person from whom, as a result, all alimony will be collected for the timely execution of the provisions of official documents;
• initiating a search for a debtor or property that is in his personal / shared ownership.

In addition, the bailiff himself can freely receive up-to-date data on the alimony non-payer himself (this also includes personal information and certificates from various authorities). The bailiff may request information on the balances of funds on the accounts indicated and hidden from the authorities in order to establish the fact of the solvency of the party.

One of the main tasks of the bailiff himself is to visit the enterprise or organization where the debtor himself works. If a court order was issued to recover alimony to the bailiffs, then he undertakes to guarantee the accelerated receipt of payment and make sure that funds are debited from the debtor directly through the accounting department. This amount should be enough to support the child, purchase the necessary products, things or school supplies. In the absence of a permanent source of income, an official attachment is imposed on the debtor's property or cash balances. It is allowed to sell seized property in order to pay off existing debts. If a person who is a participant in the enforcement process did not appear at the trial, then the bailiff has the right to independently visit the place of work / residence of a citizen.

Also, on his own initiative or the initiative of the recipient of funds, the bailiff can apply the most stringent measures against persistent non-payers who are hiding from paying alimony. These measures affect the process of issuing a decision not to leave the country for non-payers in the presence of active debt in the amount of more than 10 thousand rubles.

How is the amount of alimony determined?

the decision of the bailiff on the recovery of alimony implies the determination of the final amount that the applicant himself must receive in his hands. The amount of payments is made up of the defendant's income, the age of the child, the subsistence level and other factors.

How to collect alimony through the bailiff?

An application to the bailiffs for the recovery of alimony is submitted according to a ready-made sample. The applicant himself must attach the necessary executive document to him. You can find a sample letter to the bailiffs on the recovery of alimony on the website of the legislature itself.

Ready-made procedure for collecting alimony by bailiffs

The process of collecting debts for alimony by bailiffs is launched after the plaintiff applies to the FSSP along with an application and a list of required documents. These documents are considered on an individual basis. After studying the situation, the bailiff issues a ready-made decision to initiate enforcement proceedings. The very collection of alimony debt by bailiffs is carried out after a personal visit of the bailiff to the place of residence of the debtor. I give him a five-day period for the possibility of voluntary repayment of the debt. The bailiff has the right to immediately request information regarding existing accounts, sources and amounts of the debtor's income. A copy of the decision is also sent to the interested party, and the writ of execution itself is sent to the place of work of the debtor. This process is considered the most reasonable and is distinguished by its increased efficiency in relation to all debtors.

And debts on them goes through the service of bailiffs. Bailiffs perform actions established by law in order to identify the sources of income of the payer and ensure the timely payment of material maintenance for a minor child or other persons.

Deadlines for filing a bailiff

An appeal to the FSSP (Federal Bailiff Service) is possible at any time after receiving a writ of execution or an extract from a court order until the child is 18 years old. According to the law, after reaching the age of majority, the child has the right to independently file for the recovery of alimony from the father or mother living separately from the family within 3 years. After that, the right to receive various payments ceases.

and the collection of debt on alimony are different concepts. The debt is always formed through the fault of the payer, then he is obliged to pay the entire amount that has accumulated over the period until he made payments, as well as interest (0.5% for each day of delay of the total debt).

But it happens that the recipient is in no hurry with a writ of execution to the bailiff service. This may be for various reasons. For example, at first the money was not needed, and then, after the recipient's financial situation worsened, they were needed. In this case, the bailiffs collect alimony only for the past 3 years, of course, without accruing penalty amounts.

You should contact the bailiff service at the place of actual residence, permanent residence or place of work of the payer.

Documents for bailiffs

In order for the bailiff to start proceedings for the recovery of alimony, he needs one of the following documents:

• writ of execution (issued to the plaintiff after filing an application for the recovery of alimony in court);
• extract from the order (issued through the court if the writ of execution is lost);
• notarized.

These documents can be transferred directly to the accounting department of the enterprise where the payer works, but it is better to contact the bailiffs. They will keep the situation under control, in addition, the recipient will always have the opportunity to go to court with a request to collect debts, if they are allowed. And with an official document from the bailiffs on the formation of debt, it will be easier to achieve a positive decision.

In addition to the executive documents, the applicant will need:

• passport;
• birth certificate of children (or one child);
• number of the passbook or current account for receiving payments or postal address for processing money transfers;
• information about the property belonging to the payer and the amount of his salary.

The last type of documents, of course, may be missing. But if the recipient has information about where the payer works, what salary he receives, what large movable and immovable property he has, it is better to provide them to the bailiffs. This will greatly facilitate the procedure for determining the amount of alimony, and in the event of a debt, the collection of the due amounts.

Procedure for bailiffs

After receiving the necessary documents, applications and initiation of enforcement proceedings, bailiffs begin work to establish income and any property belonging to the payer.

For this, requests are sent:

• to the accounting department at the place of work of the payer;
• at BTI;
• in the traffic police;
• to the tax office;
• to the branch of the bank where the payer is served;
• in housing and communal services and other instances.

In parallel, the defendant is summoned by an official letter to the bailiff service for a conversation. During it, the bailiff explains to the payer his rights and obligations, and also jointly establishes the amount of alimony, the frequency and procedure for their payments. The payer has the right to independently make deductions with the obligatory notification of the bailiff of timely payment, or the accounting department can do this for him. The latter is not always possible if the payer, for example, is unemployed or is an individual entrepreneur.

I must say that the bailiffs are literally overwhelmed with cases of enforcement proceedings, so they often do not have time to do their job efficiently and quickly. Usually they are limited to 1-2 requests and a short conversation with the payer, which does not always lead to the desired result. Therefore, all stages - the appointment of payments, the search for the payer's property, and so on - need to be controlled by the recipient himself.

Most of the work of bailiffs is to collect debts. Many payers strive and tritely ignore the requirements of the FSSP employees to appear, pay the due money on time, or provide complete information about income.

In order to recover a debt from a malicious defaulter, it is not enough to contact the bailiff service.

The recipient needs a court order. To do this, he must contact the bailiff, who will prepare a certificate of debt, calculate the amount of debt and interest. With this document, the payer will have to go to court. After receiving it, he needs to return to the bailiff service. Then the employees of the FSSP will begin the procedure for collecting debts.

For this they:

• forcibly withhold from the salary and other permanent sources of income of the payer amounts in excess of ordinary payments until the amount of the debt is compensated;
• identify sources of additional income, including bank deposits and securities;
• establish what property belongs to the payer and what is its value;
• in the absence of wages and other sources of income or in case of refusal to reimburse the amount of the debt, they seize the bank accounts of the payer or his securities, transfer this money to the recipient of alimony;
• they sell the property belonging to the defendant at an auction and compensate the debt (if the property is the only place of residence of the payer, then it cannot be withdrawn).

In addition, the bailiffs have the right to restrict the departure of the non-payer abroad or even outside the city.

If the respondent is hiding

In some situations, the defendant may be on the run. It should be noted that the bailiff service is not engaged in establishing the location of the payer, therefore, with the appropriate application, you must contact the police department. After establishing the location of the defendant, it is necessary to notify the bailiffs about this. Only then will they begin the debt collection procedure.

It happens that the defendant does not even think of hiding, he simply lives at a different place of residence. If it is unknown to the recipient and bailiffs, it makes sense to contact the police.

If the location of the defendant cannot be found for a long time, the recipient has the right to apply to the court to bring him to criminal responsibility and deprive him of parental rights. It is not necessary to take an application for the recovery of alimony from the bailiffs. Even a payer deprived of parental rights is obliged to pay alimony, which means that the bailiffs still have the right to collect the due amounts from him and impose further sanctions on him.

"Pharmacy: accounting and taxation", 2012, N 11

Types of executive documents on the recovery of alimony and the timing of their presentation for execution Procedure for the payment of alimony

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

Family law provides for two procedures for paying alimony: contractual (by agreement of the parties on the payment of alimony) and judicial (collection by court decision).

Based on the general rules established by Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court on a monthly basis in the amount of: for one child - 1/4, for two children - 1/3, for three or more children - 1/2 of earnings and (or) other parental income.

Taking into account the financial or marital status of the parties, as well as other noteworthy circumstances, the court may, at the request of the party to the enforcement proceedings, reduce or increase the size of these shares, and also, at the request of the claimant, establish the amount of alimony in a fixed sum of money or simultaneously in shares and in a fixed sum of money.

In the absence of an agreement on the payment of alimony, alimony is collected in court for disabled adult children (Article 85 of the IC of the Russian Federation), for disabled parents who need help from able-bodied adult children (Article 87 of the IC of the Russian Federation), for a spouse or former spouse (Article 91 RF IC), other family members (Article 98 RF IC).

In these cases, the amount of alimony is determined by the court based on the financial and marital status of the payer and recipient of alimony and other noteworthy interests of the parties in a fixed amount of money payable monthly.

In accordance with paragraph 2 of Art. 117 of the Family Code of the Russian Federation, the amount of alimony collected by a court decision in a fixed amount of money, for the purpose of indexing it, is established by the court as a multiple of the subsistence minimum, including the amount of alimony can be set as a fraction of the subsistence minimum.

Termination of maintenance obligations in respect of one or more minor children entails a change in the amount of maintenance collected for the maintenance of the rest.

When withholding alimony, the amount of which is established in court, for two or more children if one of them reaches the age of majority (if the executive document indicates a single amount of alimony for all children, for example 1/2 or 1/3), the bailiff for three months before the age of majority of one of the children proposes to the alimony payer to apply to the appropriate court to change the share to be collected for minor children, or independently applies to the court.

Types of executive documents for the recovery of alimony

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

<1>Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings".

The current legislation defines the mandatory requirements for executive documents:

• requirements for writ of execution issued by courts of general jurisdiction, established by Art. 13 of the Federal Law N 229-FZ;
• details of the court 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 RF IC.

In case of loss of the original writ of execution or court order, the basis for execution is its duplicate, issued by the court that made the decision to recover alimony, in accordance with Art. 430 Code of Civil Procedure of the Russian Federation.

Deadlines for the presentation of executive documents on the recovery of alimony for execution

Executive documents on the recovery of alimony for the maintenance of minor children, disabled adult children, disabled parents, spouse (wife) and other family members (hereinafter referred to as executive documents on the recovery of alimony) can be presented for execution within the entire period for which payments are awarded (executive documents on the recovery of alimony for the maintenance of minor children - until the child reaches the age of 18), as well as within three years after the end of this period (part 4 of article 21 of Federal Law N 229-FZ).

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

After the initiation of enforcement proceedings, the bailiff notifies the debtor of a call for an appointment with a demand for payment of arrears in alimony, the provision of relevant information (information about the place of work, study, place of receipt of a pension, other income, place of residence, etc.) necessary for execution of executive document.

If necessary, the bailiff takes measures to establish the place of work, study, place of receipt of a pension and other income of the debtor, requesting relevant information from the territorial offices of the FIU and tax authorities.

In the case of establishing the place of work, study, place of receipt of a pension and other income of the debtor in the absence of debt on alimony obligations or if the debt does not exceed 10 thousand rubles, the bailiff issues a decision on foreclosure on wages and other income of the debtor and a decision on completion of enforcement proceedings in accordance with paragraph. 8 h. 1 Article. 47 of the Federal Law N 229-FZ.

If there is a debt on maintenance obligations in excess of 10 thousand rubles, the bailiff issues a decision to levy execution on wages and other income of the debtor, but does not complete enforcement proceedings and continues to apply enforcement measures.

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

• a copy of the executive document on the basis of which the enforcement proceedings were initiated;
• ruling on foreclosure on wages and other income of the debtor in the manner prescribed by paragraph. 1 h. 1 Article. 98 of the Federal Law N 229-FZ;
• a copy of the decision to collect the performance fee for non-payment of periodic payments in the manner prescribed by Part. 4 Article. 112 of the Federal Law N 229-FZ (if such a decision was issued as part of enforcement proceedings);
• a copy of the resolution on the recovery of an administrative fine and the costs of enforcement actions (if such resolutions were issued as part of enforcement proceedings);
• A memo for managers and accountants of organizations (enterprises) on the issues of withholding and transferring funds under executive documents.

In the resolution on foreclosure on wages and other income of the debtor, along with other requirements, the requirement is indicated for the person paying the debtor wages and other periodic payments to provide the bailiff at least once a quarter with information on the deductions made from the debtor with the application of payment documents on the transfer of collected funds to the recoverer.

It should be borne in mind that the amount of deductions from the salary and other income of the debtor cannot exceed 70% (part 3 of article 99 of the Federal Law N 229-FZ).

For unfinished enforcement proceedings in the presence of debt or insufficiency of earnings and (or) other income of the debtor, the bailiff takes measures to foreclose on funds held in bank accounts or other credit institutions, as well as on any property of a person obliged to pay alimony, which can be levied under the law.

In addition, within the framework of these enforcement proceedings, bailiffs at least once a quarter conduct checks on the property status of debtors by sending requests to the relevant organizations and checking property at their place of residence, place of stay.

When identifying property belonging to the debtor, the bailiff, if necessary, requests from organizations where the debtor receives wages or other income, information about the collections made and the remaining amount of debt for alimony and other collections.

If the amount of the debt exceeds the amount received after the sale of the debtor's property, the bailiff transfers the funds to the recoverer within the amount of the debt, recalculates the debt for alimony and sends a new decision to the organization to recover the amount of the debt for alimony.

If the amount of the debt is less than the amount received after the sale of the debtor's property, the bailiff returns to the debtor the funds remaining after paying off the debt to the recoverer, reimbursement of the costs of enforcement actions, enforcement fees and administrative fines imposed as part of enforcement proceedings.

At the same time, the bailiff sends to the organization a decision to revoke the decision to withhold from the salary or other income of the debtor the amount of alimony arrears and the decision to collect the performance fee, after which he ends the enforcement proceedings on the grounds of paragraph 8 of part 1 of Art. 47 of the Federal Law N 229-FZ. Enforcement proceedings end in a similar way when the debt on alimony exceeding 10 thousand rubles is paid off.

If consolidated enforcement proceedings have been initiated against the debtor, the order of satisfaction of the claims of the recoverers who have submitted enforcement documents on the day of distribution of the corresponding amount of money is determined by the provisions of Art. 111 of the Federal Law N 229-FZ.

Claims for the recovery of alimony are satisfied, first of all, along with claims for compensation for harm caused to health, harm due to the death of the breadwinner, damage caused by a crime, and compensation for moral damage.

Within the framework of one queue (including in the presence of several executive documents on the recovery of alimony), claims are satisfied in proportion to the amount due to each claimant (part 3 of article 111 of Federal Law N 229-FZ).

The procedure for calculating the debt on alimony Calculation of the amount of debt on alimony

By virtue of h. 2 Article. 102 of Federal Law N 229-FZ, the amount of debt for alimony is determined in the decision of the bailiff based on the amount of alimony established by a judicial act or agreement on the payment of alimony.

The calculation of alimony arrears is drawn up by a resolution issued in accordance with Art. 14 of the Federal Law N 229-FZ.

The amount of debt on alimony paid for minor children in shares of the debtor's earnings is determined on the basis of the debtor's earnings and other income for the period during which no alimony was collected.

If the debtor obliged to pay alimony did not work or did not submit documents confirming his earnings and (or) other income, the alimony debt is determined based on 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, Article 113 RF IC). In this case, the moment of debt collection will be the date of actual repayment of the debt by the debtor.

When calculating the amount of alimony arrears based on the average wage in the Russian Federation, personal income tax in the amount of 13% is not subject to withholding, since the average wage in the Russian Federation, calculated by Rosstat, is not the real income of the debtor.

Information on the size of the average wage is requested monthly by bailiffs in the bodies of Rosstat. If necessary, up-to-date information can be obtained in information and legal systems or on the official website of Rosstat.

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

As part of the execution of enforcement proceedings for the recovery of alimony, the bailiff calculates the debt for alimony with a frequency of at least once a quarter and draws up an appropriate resolution.

In case of disagreement with the amount of debt for alimony determined by the bailiff, any of the parties whose interests are violated may appeal against the actions of the bailiff in the manner prescribed by applicable law.

At the same time, in accordance with Part 4 of Art. 102 of Federal Law N 229-FZ, the party whose interests are violated has the right to apply to the court with a claim to determine the amount of debt.

The procedure for indexing the amount 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 Family Code of the Russian Federation, if, by a court decision, alimony is collected in a fixed amount of money, the bailiff, as well as an organization or other person that deducts alimony from the salary or other income of the debtor, index the alimony in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population established in the corresponding subject of the Russian Federation at the place of residence of the person receiving alimony.

The subsistence minimum per capita and for the main socio-demographic groups of the population in the whole of 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 relevant subject of the Russian Federation, the bailiff performs indexation in proportion to the increase in the subsistence minimum for the corresponding socio-demographic group of the population as a whole in the Russian Federation.

The bailiff shall issue a decision on the indexation of alimony.

When indexing alimony, the bailiff first of all establishes the amount of the subsistence minimum at the place of residence of the person receiving the alimony, from the date of the last increase in the subsistence minimum.

Then the bailiff determines how many subsistence minimums are a multiple of the amount of alimony collected in a fixed amount of money. The resulting multiple is multiplied by the cost of living at the time of calculation.

If the amount of alimony is indicated in the executive document in proportion to the minimum wage, it is advisable for the bailiff to explain to the claimant the right to apply to the judicial authorities with an application for determining the amount of alimony in a fixed amount of money.

When indexing alimony established in proportion to the minimum wage, the minimum wage established by Art. 1 of the Federal Law of June 19, 2000 N 82-FZ "On the minimum wage" (from June 1, 2011 - 4611 rubles).

Due to the fact that the indexation of alimony collected in a fixed amount of money is provided only in proportion to the increase in the subsistence minimum, with a decrease in the subsistence minimum, indexation is not carried out.

The procedure for calculating the amount of 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 Constitutional Court of the Russian Federation, set out in Resolution No. 17-P of July 20, 2010, the calculation of alimony (debt) is carried out taking into account the tax base chosen by the individual entrepreneur based on the information provided in the tax return.

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

• general tax regime (payment of personal income tax);
• taxation system for agricultural producers (ESKhN);
• USNO;
• taxation system in the form of UTII for certain types of activities.

When calculating the amount of alimony (debt) of debtors - individual entrepreneurs applying the general taxation regime, the bailiff will request a tax declaration from the debtor (form 3-NDFL) and calculate the amount of alimony (debt) taking into account the data specified in the declaration.

When determining the amount of alimony (debt) of an individual entrepreneur using the ESHN or the STS, the bailiff will request from the debtor a book of income and expenses, which the individual entrepreneur must maintain to calculate the tax base for tax.

When determining the amount of alimony (debt) of an individual entrepreneur using the simplified taxation system with the object of taxation "income", it is also necessary to take into account the expenses incurred by him, directly related to the implementation of entrepreneurial activities and duly confirmed.

At the same time, with the simplified taxation system with the object of taxation "income", the tax is paid on the entire amount of income (clause 1, article 346.18 of the Tax Code of the Russian Federation). In this case, the expenses incurred are not taken into account when calculating the tax base, and the taxpayer is not required to confirm them. Confirmation of the expenses incurred in connection with the implementation of entrepreneurial activities are the primary documents provided for by Federal Law N 129-FZ<2>.

<2>Federal Law No. 129-FZ of November 21, 1996 "On Accounting".

When calculating the amount of alimony for debtors - individual entrepreneurs who apply the taxation system in the form of UTII for certain types of activities, the bailiff will require the debtor, in accordance with the provisions of Federal Law N 129-ФЗ, to provide primary financial documentation (waybills, invoices, receipts, other forms of strict reporting, expense accounts, etc.) and calculates the debt on alimony, taking into account the specified documents.

In order to identify the actual income of an individual entrepreneur using the simplified taxation system with the object of taxation "income" and UTII, the bailiff may recommend that individual entrepreneurs keep a book of income and expenses.

At the same time, in all these cases, the procedure for calculating the amount of alimony (debt) for the debtor - an individual entrepreneur, the bailiff takes into account the amount of his income received from doing business, reduced by the amount of expenses associated with its receipt, and by the amount of tax paid in connection with the application of a particular system of taxation.

In the event of a decrease in the amount of income of an individual entrepreneur by 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 submit relevant documents confirming his earnings and (or) other income, the amount of alimony (debt) can be determined based on the average wage in the Russian Federation at the time of collection of alimony (debt) in accordance with paragraph 4 of Art. 113 RF IC.

Upon presentation to the bailiff-executor of the income declaration of the debtor - an individual entrepreneur in the event of an increase in his income, the amount of alimony (debt) is subject to recalculation.

Types of income from which alimony is deducted

When collecting debt on alimony paid for the maintenance of minor children, disabled adult children, disabled parents, spouse and other family members, to determine the types of earnings or income that should be levied, the bailiff is guided by the Decree of the Government of the Russian Federation dated 07/18/1996 N 841 "On the list of types of wages and other income from which alimony for minor children is deducted" (as amended on 08/15/2008 N 613) (hereinafter - the List).

The legislation also establishes the types of income that cannot be levied (Article 101 of the Federal Law N 229-FZ).

Article 101 of Federal Law N 229-FZ establishes an exhaustive list of types of income that cannot be levied.

In accordance with paragraph 9 of part 1 of this article of the Law, it is not allowed to levy a claim on insurance coverage for compulsory social insurance, with the exception of old-age pensions, disability pensions and temporary disability benefits.

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

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

In accordance with paragraphs. "in" clause 2 of the List, alimony is withheld, including from 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 foreclosure of funds specified in Art. 101 of the Federal Law N 229-FZ, the bailiff will request and verify information about the sources of formation of funds on the accounts of the debtor<3>.

<3>

When withholding alimony from funds received by a person with alimony obligations under a contract for the sale of real estate and movable property, the position of the Constitutional Court of the Russian Federation is taken into account. On the basis of the need to ensure a balance of interests of both parties to alimony relations, alimony is subject to deduction from income received by their payer only under those agreements concluded in accordance with civil law, concluding which a person exercises the right belonging to everyone to freely use their abilities and property for economic activities not prohibited by law , as well as the right to work (Art. 34, Part 1, Art. 37 of the Constitution of the Russian Federation)<4>.

<4>Determination of the Constitutional Court of the Russian Federation of January 17, 2012 N 122-О-О.

Thus, alimony cannot be collected from income received by a citizen outside of his economic activity, in particular in case of one-time transactions for the sale of real estate (an apartment, a land plot, a garden house, etc.).

Organization of work with writ of execution at the enterprise

Receipt in the organization of executive documents. The decisions of the bailiff and copies of the executive document received by the organization are recorded in a special journal and transferred to the payroll accountant against signature.

On the same day, the accountant sends a return notification to the bailiff of receipt of documents. The notification makes a note about the receipt of the writ of execution (incoming number and date), indicates the telephone number of the organization (enterprise), as well as the signature of the accountant and the seal of the organization (enterprise) that received the writ of execution.

Production of deductions on writ of execution. An accountant of an organization (enterprise) that deducts money from the salary or other income of the debtor needs to know the following:

• the requirements of the bailiff-executor are obligatory for all bodies, organizations, citizens and officials on the territory of the Russian Federation;
• the bailiff has the right to check with employers the execution of enforcement documents for debtors working for them and the maintenance of financial documentation for the execution of these documents;
• the amount of deduction from wages and other types of income of the debtor is calculated from the amount remaining after taxes were withheld.

In accordance with Federal Law N 229-FZ, more than 50% of wages and other income cannot be withheld from the debtor. Withholdings are made until the full execution of the requirements contained in the executive document.

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

• in accordance with Art. 109 of the RF IC and part 3 of Art. 98 of Federal Law N 229-FZ, the administration of the organization at the place of work of a person obliged to pay alimony on the basis of a notarized agreement on the payment of alimony or on the basis of a writ of execution, is obliged to withhold alimony monthly from his salary and (or) income and pay or transfer them for the account of the same person to the recipient of alimony no later than within three days from the date of payment of wages and (or) other income to the person obliged to pay alimony;
• if, by a court decision, alimony is collected in a fixed amount of money, the bailiff, as well as an organization or other person that deducts alimony from the salary (other income) of the debtor, index the alimony. At the same time, in accordance with Art. 102 of Federal Law N 229-FZ, the employer is obliged to issue an order (instruction) on the specified indexation;
• in the event that the organization received several executive documents to withhold the amount of debt, claims 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 the amount of money withheld is insufficient to satisfy the requirements of all executive documents of one priority in full, they are satisfied in proportion to the amount due to each claimant;

• deduction of funds from the debtor's salary is made on the basis of a decision of the bailiff and a copy of the executive document.

It is unacceptable to independently amend the decision of the bailiff-executor on foreclosure on the debtor's wages;

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

The amounts recovered from maintenance payments can be transferred to the claimant by mail or to his current account.

Information containing the details for which it is necessary to transfer the amount recovered from the debtor is contained in the writ of execution (writ of execution, court order, decision of the authorized body) or the decision of the bailiff-executor to levy execution on the debtor's income.

At the same time, if the address of the person in whose favor the alimony is collected is unknown, it is recommended that the alimony be transferred to the settlement account of the structural unit of the territorial body of the FSSP;

• when the debtor changes his place of work, study, place of receipt of a pension and other income, persons paying the debtor wages, pensions, stipends or other periodic payments are obliged to immediately inform the bailiff and return to him the executive document with a note on the penalties made.

In the note on deductions made, the accountant should indicate the amount of deductions, the amount withheld, the number of the payment order (receipt), the date of transfer, and the balance of the debt. The record of the deductions made is certified by the seal of the organization and the signature of the official.

The procedure for conducting audits of accounting departments of enterprises (organizations). Responsibility of officials of organizations (enterprises) having obligations to execute executive documents on the recovery of alimony

In accordance with Art. 12 of the Federal Law of 21.07.1997 N 118-FZ "On bailiffs" and paragraph 16 of part 1 of Art. 64 of Federal Law N 229-FZ, the bailiff, at the request of the recoverer or on his own initiative, has the right to check with employers the correctness of withholding and transferring funds under executive documents in relation to debtors working in the specified organization.

The recoverer has the right to submit a written application to the bailiff service to verify the correctness of the deduction and transfer of funds according to the executive documents for the recovery of alimony.

In this case, the application can be submitted to the structural unit of the bailiffs in which the enforcement proceedings for the recovery of alimony were (are being) conducted, or to the structural unit of the bailiffs at the place of residence of the recoverer or at the location of the organization with a copy of the decision of the bailiff-performer on levying execution on wages and other income of the debtor (if any).

The organization (enterprise), to which the bailiff directs the decision to withhold from the salary and other income of the debtor, is included in the register of organizations (enterprises), which is maintained in the structural divisions of the territorial bodies of the FSSP.

For completed and incomplete (if there is a debt) enforcement proceedings for the recovery of alimony, an audit of the accounting departments of organizations (enterprises) is carried out at least once a year at the initiative of the bailiff.

At the same time, the bailiff must necessarily check the correctness of the deduction and transfer of funds under the executive document at the request or complaint of the recoverer or in the event that the accounting department of the organization (enterprise) does not provide information at the request of the bailiff sent to the organization simultaneously with a copy of the executive document and a resolution on foreclosure on wages and other income of the debtor.

Executive actions provided for in paragraph 16 of Part 1 of Art. 64 of the Federal Law N 229-FZ, the bailiff has the right to make independently or in the manner prescribed by Part 6 of Art. 33 of the Federal Law N 229-FZ.

If the audited organization is located in the territory covered by the powers of the bailiff, the actions to check the accounting department of the organization (enterprise) are carried out independently by going to the organization (enterprise) and requesting the necessary documents or sending a request to submit documents to the structural unit of the territorial authority FSSP.

When conducting an audit of the accounting department of an organization (enterprise), the bailiff draws up an act of checking the correctness of the deduction and transfer of funds by it.

The act of checking the correctness of the deduction and transfer of funds by the accounting department of the organization (enterprise) with documents confirming the correctness (or violations) of the deduction and transfer of alimony are attached to the materials of the enforcement proceedings, within the framework of which the inspection was organized.

A copy of the act of auditing accounting with the relevant documents is filed in the order "Acts of audits of accounting departments (organizations) that make withholding."

If violations of the legislation of the Russian Federation are found in the actions of officials of an organization (enterprise), the bailiff decides on bringing them to responsibility established by law.

In the event that during the audit of the accounting department (organization) violations of labor (facts of payment of wages to the debtor below the minimum wage in accordance with Article 133 of the Labor Code of the Russian Federation) or tax (facts of payment of wages to the debtor in the amount below the industry average) legislation are detected, the bailiff informs about the data facts the territorial bodies of Rostrud and the Federal Tax Service with the attachment of documents confirming the identified violations.

At the same time, the head of the department, a senior bailiff, organizes work to monitor the implementation by the territorial bodies of Rostrud and the Federal Tax Service of the provisions of interdepartmental agreements to take response measures to information about violations received from bailiffs.

If, during the audit of the accounting department of an organization (enterprise), facts of violation by the debtor of the legislation on enforcement proceedings are revealed, expressed in failure to comply with the legal requirements of the bailiff, the bailiff draws up a protocol on an administrative offense against the guilty person, provided for in Part 1 of Art. 17.14 Administrative Code of the Russian Federation.

In the event that the head of the organization (enterprise) making the withholding establishes signs of malicious non-fulfillment, as well as obstructing the execution of a judicial act that has entered into legal force, the bailiff draws up a report on the presence of signs of a crime under Art. 315 of the Criminal Code of the Russian Federation, which, with copies of the materials of the enforcement proceedings, is immediately sent to the head of the department - the senior bailiff to organize registration, verification and adoption of a procedural decision.

K.I.Yusupov

Journal Expert

"Pharmacy: accounting

and taxation"

Alimony payments are an important part of the family budget, since a child requires not only a lot of attention, but also a lot of money. If payments stop or the other party refuses to transfer them at all, you should immediately contact the bailiffs. How exactly to do this and what you can expect - read in this article.

A bailiff is a government official who is obliged to comply with court decisions and orders. To do this, he must not only have the required powers, but also the grounds, as well as the necessary documents in order to start production.

The rights and obligations of the bailiff:

• The bailiff is obliged to make every effort to call an unreliable payer, as well as the recipient of funds to provide the necessary documents and information related to the debt that has arisen. In particular, the most common question that is asked to the non-payer is: for what reason does he not transfer funds?
• The bailiff also has the right to independently, using the opportunities available to him, clarify the information received, double-check the data and search for the defaulter.

• He has the right to demand from the management of the enterprise where the debtor works, to withhold part of the salary and transfer the amount of deduction towards alimony, as well as repayment of debt (but not more than 70%). The transfer of money must be made no later than three days from the date of payment of wages.
• The bailiff is obliged to personally go to the place where the defaulter lives, both to conduct conversations and collect information, and to inventory the property and establish the real financial condition.
• The bailiff has the right to seize and seize the debtor's property for the purpose of its subsequent sale. The proceeds are used to pay off debt.
• He also has the right to seize not only physical property, but also the accounts of the alimony. If they have money, they are also sent to pay off the debt.
• If the debtor is hiding, the bailiff may announce his search.
• You can impose a ban on leaving the country and / or a temporary restriction of driving.

Deadlines for filing bailiffs

You need to contact the bailiffs before the child reaches the age of 21, for whom alimony should have been paid. Up to the age of 18, the mother of the child (or any other representative with whom the child lives) should deal with this issue. After 18 years, the young man himself should apply to the bailiffs, however, it must be borne in mind that from the moment of majority, the limitation period begins to operate and if you do not appear at the Bailiffs Service before the age of 21, then it will not be possible to compensate for all the lost funds.

Alimony begins to accrue from the moment of applying to the court or drawing up an agreement between the parties. If by this time several years have already passed, then it will be almost impossible to receive alimony for the past period. The only option is to provide evidence that the applicant did not have the opportunity to deal with this issue for some good reason.

But if there is already an application for a court order or an agreement, then any delay automatically leads to the formation of debt, and now it continues to grow until the full compensation of payments. The statute of limitations does not apply in this situation.

How to determine the amount of alimony through bailiffs

Bailiffs do not determine the amount of alimony. The maximum that they can do is to calculate the debt that was formed at the time of the appeal. In other cases, the amount of alimony is determined by the court or indicated in the agreement of the parties. There are three main types of alimony:

• Percentage of income. The most common and most convenient way to calculate alimony, which is used most often for officially employed persons who receive a regular and relatively stable income. For one child, it is supposed to pay 25% of the amount, for two - 33%, for three or more - 50% of the income. In this case, the fact of which marriage the children are from does not matter.
• Fixed amount. This option involves the transfer by the payer of a strictly defined amount of alimony without reference to the income received. It is most often used in the event that it is not possible to clearly determine the income.
• Hybrid option. Includes the previous two options. Part of the amount of alimony depends on the amount of wages, and part is fixed. It is usually used when the payer receives profit from several sources.

Recovery of alimony through bailiffs

The collection of alimony from the non-payer is carried out in a strictly defined manner.

Procedure

1. Draw up a child support agreement or obtain a court order for child support.
2. If the payer refuses to fulfill his obligations, you can immediately go to the bailiffs.
3. Write an application for the recovery of alimony.
4. Pass it on to the bailiffs, receiving a second copy / copy with a note that the document has been accepted.
5. Wait for the actions of the bailiffs. You can regularly find out at what stage the enforcement proceedings are at the moment.

Statement

Expenses

For the filing of the above application, as well as for the performance by the bailiff of his official duties, nothing additional is required to be paid. However, if desired, the applicant can carry out search work at his own expense and provide the bailiff with all the information he needs. This will help to significantly reduce the collection period, although it is not mandatory.

What documents are needed for bailiffs for alimony

When submitting an application, a certain list of documents must be attached to it:

• Performance list.
• Court order.
• Judgment.
• Agreement between the parties on the payment of alimony.
• Applicant's passport.
• Child's birth certificate.
• Details of the account / card to which you want to transfer funds.

Depending on the situation, this list may be supplemented by other documents, but the basis is almost always the same.

The procedure for collecting alimony by bailiffs

How do bailiffs collect child support? What do they do for this and what does the whole procedure look like?

1. The application is written in the name of the head of the Bailiff Service. He considers it and directs it to work. The final decision on whether enforcement proceedings will begin at all or not must be made no later than three days from the date of filing the application (Article 30 of the Federal Law “On Enforcement Proceedings”).
2. The head forms an order and transfers it to the direct executor - the bailiff, who will deal with this issue.
3. The bailiff is trying to get in touch with the debtor. If it works out, he makes an appointment at the office of the Service. If it does not work out, sends a notice by mail to a known address of residence/registration. The main goal: to notify about the situation that has arisen and try to resolve the issue peacefully.
4. If the debtor did not respond to the notice / did not appear at the meeting and at the same time did not start paying alimony, the bailiff begins to collect information about him. Requests are formed and sent to banks, the traffic police, state property authorities and other structures that will help to understand what kind of property the alimony has and what his financial condition is.

As practice proves, at this stage, any vigorous activity stops. There are a lot of statements of this type, and very little attention is paid to them. If only simply because if a person does not pay alimony on purpose and consciously, then most likely he has such a bad financial situation that there is nothing to take from him. And, as a rule, he does not have any property either. The child support recipient may try to take matters into their own hands and start bombarding the bailiff with additional statements:

• To be banned from leaving the country.
• To restrict the driving of vehicles.
• For attachment of property.
• To bring to justice and so on.

As a rule, this is more useful, since the bailiff receives specific requirements that he is quite capable of fulfilling. Moreover, he has no right not to fulfill them. Of course, all this is also not done very quickly, but with due perseverance, the payer will ultimately be limited in many ways. And this is in addition to the ever-growing debt and the amount of the penalty.

Is it possible to change the bailiff for alimony

If, despite all the actions of the recipient of alimony, the bailiff still does not take any action, you can try to change it. It should be borne in mind that this can only be done if the bailiff grossly violates the requirements of the law. So, again, you have to wait.

All actions of the applicant begin and end with filing a complaint with the head of the Service or other higher authorities. Usually this is enough to make the bailiff move more intensively, but in fact they are rarely changed. Yes, and there is little point in this, since exactly the same bailiff sitting at the next table will still deal with the case.

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Alimony and bailiff service

The executive document is already in your hands. It's time to use it for its intended purpose. Where to go next?

If you know where your ex-husband works or receives a pension, you can go straight there. Especially if the payer is conscientious, he does not intend to evade payment. But if things are more complicated, it is better not to take risks, but to entrust the case to bailiffs.

Duties and powers of the bailiff to collect alimony

The bailiff is an official whose competence is the execution of decisions, orders and rulings of the court, including the collection of alimony and alimony arrears.

In order for the bailiff to exercise his official rights and fulfill his obligations to collect alimony and pay arrears in alimony, he must have an appropriate executive document. On the basis of this document, the bailiff opens a case, within which further work takes place.

What are the powers and responsibilities of a bailiff?

1. Call the debtor and the debt collector (recipient of alimony), officials - to obtain the necessary documents and information. For example, about why the alimony payer evades payment;
2. Get the information you need, check the facts, make inquiries. For example, to establish the place of work of the debtor and send a request to the place of work to determine the amount of the debtor's earnings, submit a request to the traffic police, request extracts from the USRN (previously applied to the BTI) to identify property belonging to the debtor;
3. Require the management at the debtor's place of work to withhold from his income amounts of money in the amount corresponding to the executive document, and transfer them to the recipient of alimony no later than 3 days from the date of receipt of the salary;
4. Travel to the location of the debtor, visit the premises belonging to the debtor. For example, to clarify the property status of the debtor;
5. Arrest and seize the property of the debtor (within the amount of the debt to the recipient of alimony and the costs of enforcement proceedings);
6. Seize the debtor's funds in banks and collect them in favor of the recipient of alimony on account of the debt;
7. Announce the search for the debtor and his property;
8. Prohibit the debtor from leaving the country;
9. Temporarily restrict the defaulter's right to drive a vehicle.

Bailiffs can apply to payers of alimony all the measures prescribed by the current legislation.

When to contact a bailiff?

The law does not limit the time for applying to the Federal Bailiff Service. This can be done at any time after receiving the writ of execution, until the child reaches 18 years of age. Even after that, an adult child can himself turn to bailiffs to collect alimony for the past time - for this, the law gives him another 3 years (statute of limitations). After that, the right to receive alimony payments ceases.

It happens that the recipient of alimony is in no hurry to the bailiff service. Perhaps because of agreements with the payer, and perhaps because of the lack of need for funds. If he decides to demand what is rightfully due to him, the bailiffs will be able to collect alimony not for the entire period of the existence of the executive document, but only for the last 3 years.

If the executive document is filed immediately, the funds unpaid by the payer turn into debt, to which, in addition, penalties are added. All these funds are collected with the help of bailiffs.

Where are the bailiffs

Bailiff service units are located in each territorial unit of the country.

You can find out the exact location of the department of the bailiff service on the FSSP website - http://fssprus.ru/. You can find the necessary department of the bailiff service on the site (at the place of residence of the debtor) through a special search form (by republic, territory, region, city or village, district and microdistrict) or by specifying the exact address. On the same site you can find the contact numbers of the bailiffs of the desired department.

What documents do you need to submit to the bailiff?

To start enforcement proceedings, bailiffs need one of the following documents:

• performance list(issued after a court decision on the recovery of alimony);
• alimony order(issued to the applicant in the order of writ proceedings);
• excerpt from a court decision on the recovery of alimony(issued in court in case of loss of a writ of execution);
• written agreement to pay child support, notarized.

In addition to the executive document, you must provide:

• passport;
• birth certificate of the child;
• bank details for transferring maintenance payments (savings book or current account number) or postal address for receiving money transfers.

Application to bailiffs for the recovery of alimony (sample letter)

In addition, in order to start enforcement proceedings, an appropriate letter of application is required from the recipient of alimony.

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

Procedure for bailiffs

How do bailiffs work? How is alimony collected from a debtor?

The application from the recipient of alimony is first considered by the head of the bailiff department, and then transferred to the work of one of the bailiffs. The final decision to initiate enforcement proceedings is made no later than 3 days from the date of filing the application (clause 7, article 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 alimony payer. If possible, an agreement is reached between them on the amount and frequency of voluntary alimony payments, as well as on the obligation to notify the bailiff of payments made in favor of the alimony recipient.

If the voluntary payment of alimony does not follow, the bailiff will begin the forced collection of alimony. To establish the place of work, the amount of earnings, the availability of property from the alimony payer, he sends requests to various authorities: to the accounting department at the place of work, to the tax authorities, the USRN, the traffic police, to the bank branches where the alimony payer is served.

To be frank, piles of cases on the recovery of alimony are gathering dust on the tables of bailiffs, so the quality performance of this work is simply impossible. As a rule, after a short oral conversation with the payer and several requests to the authorities, the activity of the bailiff weakens. Unfortunately, the recipient often has to personally control the entire process - from filing an application to searching for a debtor or seizing his property. This can be done by filing a bailiff petition:

• on restriction of the payer's departure outside the country. On the basis of the received petition, the bailiff must issue a decision on the ban on leaving the territory of the Russian Federation, which is sent to the migration service and is valid for six months;
• on the seizure of the property of the payer. The application should list the composition of the property and its approximate value, as well as indicate the location. As a result of the arrest, the payer will not be able to dispose of the property, it will be sold at auction, and the alimony debt will be paid from the proceeds.
• on the calculation of a penalty on the amount of debt on alimony, which is collected in the same way as the main debt.

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

Collection of debts on alimony through bailiffs

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

To collect alimony arrears, it is not enough to contact the bailiff service. A court decision is required.

As mentioned above, the recipient of alimony must submit a petition to the bailiff to calculate the existing debt and receive a certificate of the total amount of the debt with a penalty. With this document, you can apply to the court - for a writ of execution for the recovery of alimony arrears.

When the writ of execution or court order is on the table of the bailiff, the debt collection procedure will begin, which involves the following actions:

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

Help from bailiffs on alimony (sample)

A child support certificate may be required by both the recipient and the payer of funds for the maintenance of the child. For example, for presentation to a bank, tax office, labor and employment service, social service and other institutions - to confirm their income and expenses.

To get a certificate of alimony, you need to apply with an application to the place where these alimony are withheld and transferred from the payer to the recipient. For example, to an organization or enterprise where the alimony payer works. Or to the bailiff, who controls the process of withholding and transferring funds.

The reference form can be free, there is no single sample for this document. The main thing is that the certificate contains the necessary information and meets the requirements for official documentation.

So, the certificate of alimony should contain data on the payer and recipient of the alimony, the number of the executive document, the date of commencement of the enforcement proceedings, the dates of the alimony payments, the amounts of money that were withheld and transferred, the total amount of the alimony withheld and transferred. The document indicates the date of issue, the validity period of the certificate. The certificate must have a corner seal with the name of the organization or enterprise, the number and date of issue of the document, as well as a round seal confirming the signature of the official who issued the document.

Inaction of bailiffs: where to complain, what to do?

There are many complaints about the quality of work of bailiffs in collecting alimony. Often, single mothers who needlessly expect help for a child can hear complaints about lazy or irresponsible FSSP workers who are in no hurry to involve fathers in fulfilling maintenance obligations.

What to do if alimony is not paid voluntarily, and the bailiff does not take any action to enforce collection? Complain!

A letter of complaint against inaction (less often - illegal action) of a bailiff must be submitted to a higher bailiff, who is subordinate to the offending bailiff. For example, the chief bailiff of the city (district), region (region, territory), country.

A letter complaining about the actions (or inaction) of the bailiff can also be submitted to the prosecutor.

The letter must describe the circumstances of the case. For example, when a writ of execution was issued, when enforcement proceedings were opened, how much the payer had to pay, whether he made alimony payments, what alimony arrears were formed, what actions the bailiff took or did not take to collect alimony payments and pay the amount of debt. Then you need to refer to the norms of the law that allow the recoverer or debtor to appeal against the actions or inaction of the bailiffs. After that, you need to formulate your request, for example, recognize the actions or inaction of the bailiff as illegal, take measures to eliminate these violations of the law and restore violated rights.

When filling out a letter of complaint, it is necessary to attach to it documents confirming the payment or non-payment of alimony, the presence or absence of alimony arrears. Such a document can be a certificate, which was discussed above, as well as receipts for postal orders, bank statements, receipts.

A letter of complaint must be considered within 10 days, after which the applicant must receive a written response to consider the complaint and take the necessary measures. As a rule, a certain shift in the work of the bailiff appears.

Is it possible to change the attachment?

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

Although the bailiff is an official, guided by the prescriptions of the law and professional ethics, he remains a person. Prejudice, rudeness, deceit, extortion... let's not exaggerate, but in life, as you know, there are different things.

Is it possible to change the bailiff? The law does not provide for such a possibility.

The first thing to do in the situation that has arisen is to write a letter of complaint against the bailiff to a higher bailiff or prosecutor, as mentioned above. Having received a complaint about a subordinate, the manager “will not pat him on the head.” Perhaps after that the bailiff will change his tactics of behavior, reconsider his attitude to work.

A complaint is a measure prescribed by law. Simultaneously with filing a complaint against the bailiff, you can apply to a higher bailiff (for example, the head of the SSP department) with a request to transfer the case to another employee. It is possible that such a request will be granted.

There are cases when the bailiff does not have the right to take up enforcement proceedings. For example, if he is a relative of the exactor or payer of alimony, if he is personally interested in the outcome of the case, if there are other circumstances affecting his objectivity and impartiality. Such a bailiff must declare self-withdrawal. If self-withdrawal is not declared, the exactor or the payer of alimony must submit to a higher official an application for the removal of the bailiff. Of course, this statement must be substantiated.

What to do if you lose your business?

Since we are talking about the negative side of the SSP, let's dwell on one more trick of unscrupulous bailiffs - the loss of a case on enforcement proceedings. Why the trick? Yes, because most often the case is “lost” intentionally. Although, of course, there are cases of unintentional loss of business.

As in previous cases, one of the most effective measures to influence the bailiff is a complaint to a higher official or prosecutor. As a rule, after such a complaint, the case is discovered, because the guilty person can be held administratively liable. Yes, and it is really difficult to “lose” a case, since the SSP maintains strict accounting and registration of all documentation.

If the case is really lost, you can go to the court in which the decision was made to recover alimony and get a duplicate of the writ of execution. And re-open enforcement proceedings.

By the way, on the official website of the FSSP http://www.fssprus.ru/ there is a helpline where you can contact with a question or request.

Help of a lawyer

Faced with the incompetence of bailiffs, suspect the bailiff of bias? File a complaint with the FSSP authorities or the prosecutor's office. But it's not enough to just file a complaint. It is much more important to correctly point out violations of their rights. Only a qualified lawyer can prepare all the evidence in the case. It doesn't matter if you don't have the time or money to visit lawyers' offices.

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What documents are submitted to bailiffs for alimony

In this article, lawyer Alexei Knyazev answers the popular question: “What documents are submitted to bailiffs for alimony?”

What documents are needed to collect alimony through bailiffs

When the court makes a decision on the recovery of alimony, the writ of execution must fall into the hands of the employer. Then the deductions will be drawn up by the employer from the salary automatically. If the debtor hides his official place of work, then the direct road to the bailiffs. They will find a way to collect child support. Up to the institution of a criminal case against a violent non-payer.

Rights and obligations of the FSSP

Recovery of alimony is a direct responsibility of bailiffs. And, it should be noted that they perform their duty quite responsibly and efficiently. But in order to have a basis for the work of the FSSP, you need to provide the necessary list of documents.

These may include:

• writ of execution, which is issued by the judicial authorities upon the occurrence of the obligation to pay alimony;
• an agreement between the former spouses, which is mandatory drawn up through a notary;
• order issued by the judiciary.

As soon as the necessary document is at the disposal of the bailiffs, there is a basis for starting actions aimed at collecting alimony from the debtor.

To begin with, a conversation will be held with the debtor to clarify the circumstances that prevent them from fulfilling their alimentary duties. If there are real reasons for delays in payments, they will be required to confirm this with relevant documents.

If the debtor does not make contact, then the bailiffs will begin to find out information about him: where does he live, where does he work? To do this, the FSSP has the right to apply to state tax collection agencies, the Federal Migration Service, the traffic police, the police, Rosreestr, and so on. Here, any means are good. Somewhere, and there is information about the alimony.

By the way, if the bailiffs have identified the place of work of the debtor and ordered him to make alimony deductions, but he ignores the requirements, then the employer will be held liable under the article - obstruction of the execution of court requirements.

If Rosreestr has provided information that the debtor has property, then the bailiffs have the right to go to the place in order to establish and evaluate this property, followed by arrest and sale, to pay off debts.

Also, the arrest is imposed on bank accounts.

Bailiffs also have the right to:

• restrict the movement of the debtor outside the Russian Federation;
• restrict the right to drive vehicles;
• limit actions for the production of various activities related to state bodies, for example, registration and re-registration of movable and immovable property.

When to call bailiffs

Of course, it is better to contact the bailiffs as soon as there is a reason for this, that is, a decision on the recovery of alimony. But even if for some reason you cannot do this, then the law is on the side of the child - you can declare your requirements even if the child is already 18 years old. Even from the moment of majority, the requirement period is 3 years.

Only in this case, you can lose part of the alimony. So, for example, if the lost time is more than 3 years, then the bailiffs will not be able to recover from the debtor everything that exceeds these 3 years.

Therefore, try not to delay the appeal under all circumstances.

Where to find bailiffs

Almost every city in every region has a bailiff service. But you need to apply at the place of residence of the debtor.

Therefore, the procedure is:

1. Find out where the alimony is registered.
2. We go to the official website of the FSSP and find the search form. We enter the available data into it, and the system gives the location of the department that collects alimony.
3. We go to the specified address with a certain set of documents: the collector's passport; documents proving the identity of the dependent (birth certificate or passport); order from the judiciary; writ of execution, if there was a claim; maintenance agreement between the former spouses, if any; bank details where funds will be transferred to pay off the debt.

Beforehand or already on the spot, it is necessary to fill out an application to initiate enforcement proceedings by bailiffs. We indicate in it:

• the full name of your branch of the FSSP;
• all necessary data about the creditor and the alimony;
• dependent data;
• details of the document on the basis of which the appeal takes place (writ of execution, court order).

We attach all available documents to the application and submit to the bailiffs. If everything is done correctly and without errors, then the bailiffs will accept the documents for execution.

Getting alimony through the FSSP

After the bailiffs examine your documents and make sure that the claims are legal, they will initiate proceedings, which will be reflected in the relevant decision. A copy of the document must be sent to your address and notify the debtor.

The alimony owner must, on a voluntary basis, repay his obligations. If he ignores the requirement, then an individual approach to debt collection is applied.

If the bailiffs are responsible, then the case will be brought to an end relatively quickly. But more often the opposite happens, and the FSSP pulls the cat by the tail: sends a lot of requests to various authorities, repeatedly calls the debtor for a conversation, issues a lot of decisions.

In general, in order to speed up the procedure, you will often have to visit the bailiffs yourself with statements, personal conversations, appeals against actions and inactions. The main thing is to be patient, as it will take a lot of time.

If the debtor voluntarily expressed a desire to pay the debt, then it is enough to contact the bailiffs for the bank details indicated in the claim. Also, the burden of paying the performance fee to the FSSP will fall on his shoulders.

How to interact with the FSSP

First you need to meet and talk with your bailiff, who will handle the case.

If you are lucky and the bailiff is caught in charge, then he will be imbued with a problem. If he is in no hurry, then you can complain about him to the leadership of the territorial department or to the court in accordance with the CAS RF.

Appeal to the prosecutor's office

If the debtor does not respond to the requirements in any way, then you can go to the prosecutor's office. The prosecutor will review the application and supporting documents and forward the case further to proceedings.

List of documents required for filing for alimony to bailiffs

What documents are needed to file for the recovery of alimony to the bailiffs? The obligation of parents, fixed by law, is to support their children and provide them with everything necessary. If the adults separate, the child usually stays with the mother. The father is required to pay the money as alimony. Some try to evade this duty. In this case, the work of bailiffs begins, who will take care of collecting payments from an unscrupulous parent. What documents do you need to have to contact the bailiffs? How is the litigation going?

Alimony is collected by bailiffs when a person does not pay on time. Alimony can be processed by concluding an agreement or determining payments through the court.

The first option is considered the most profitable, simple and fast. If the spouses have maintained a good relationship in order to determine the amount of alimony and settle other formalities, litigation can be dispensed with. Alimony is set as a percentage of salary or in a fixed amount. The second option is used when the payer's income is too large or constantly changing. The main condition is that the funds paid should be sufficient to purchase everything to ensure good living conditions for the child.

It is not always possible to reach an agreement, and parents are waiting for lengthy court hearings, which will protect the rights of the child. Sometimes the consideration of the alimony case occurs according to a simplified scheme, as a result of which a court order is issued. This document can confirm the need for payment of alimony. In case of non-payment, recovery is carried out by bailiffs. Additionally, you can sue, which will increase the chances of obtaining funds.

Filing papers in court

If the hearing of the case is carried out according to the simplified procedure, there is no need to invite the parties and conduct a hearing. The judge will conduct personal interviews with each spouse, after which he will issue a decision in the form of an order. The term of consideration of the case is 5 days. This option is applicable if the spouses do not have claims against each other. It is also necessary to comply with the condition: alimony is established only as a percentage of income, and if paternity is required, then this method is not suitable.

The lawsuit is drawn up according to standard rules. The advantage of the simplified procedure is time saving. The document contains all the necessary information. As for the standard scheme of proceedings in court, you need to prepare:

• Marriage certificate;
• documents for the child;
• participants' passports;
• a document with the calculation of alimony payments;
• receipt of payment of state duty.

After that, a lawsuit is drawn up and submitted to the court. Next, a date is set when the parties must appear for the consideration of the case. They can represent their interests independently or with the help of lawyers. As a result of the trial, the judge makes a decision that has legal force, which means that it must be executed without fail.

List of documents for bailiffs

To open production and start work on the collection of alimony, the bailiff needs to submit documents. It can be one of the following papers:

• performance list;
• order;
• alimony agreement

The writ of execution is issued by the court after the consideration of the case. If it is lost or unusable, an order for alimony decision is issued instead. The contract is concluded when the couple was able to agree, and the collection of funds through the court is not required. The involvement of bailiffs is necessary when a person evades payment of funds.

One of these documents is submitted to the bailiffs for the recovery of alimony. You can contact the company where your spouse works and notify you of the need to pay child support. However, it is better to do this through bailiffs, since they will control the process and be able to collect alimony payments.

If a debt has formed, confirmation by the bailiff will be a plus for the court, which will allow you to quickly solve the problem. For the claimant of alimony, you will need to prepare:

• identification;
• birth certificate or passport of the child;
• bank details for making payments or address;
• information about the property and income of the defendant.

As for the last point, the legislation does not make the filing of this document mandatory. But if the applicant has the data, then the bailiffs should know about it: they will search for the necessary information on their own, and the provision of such documents will simplify and speed up the process.

Features of the collection of payments

After the papers are submitted to the bailiffs, they open production and begin work. First you need to establish what real income the alimony has, what property he owns, whether there is a business. This is important because the payment applies to all income without exception.

This information is obtained in the following ways:

• using information from the applicant;
• through the traffic police;
• in the tax service;
• through a bank in which a person has accounts;
• in ZhEKe and other organizations;
• in the company where the alimony works.

The first step in collecting alimony is a personal conversation. The citizen is sent a letter with a request to appear at the specified time to discuss the nuances. At the meeting, the bailiff will tell him what he is obliged to do, what rights he has. Based on the information found, the amount of alimony and the frequency of payments will be determined.

Payments can be made in several ways. If a person works at an enterprise, then part of his salary can be automatically transferred to the child. When he does not have a job or owns a business, the payer can independently transfer money, notifying the bailiff about this. This will allow you to control the timely payment of alimony.

Important! Bailiffs have a huge number of cases at the same time, which negatively affects the quality of their work. For payments to be fair, the recipient must take the initiative and participate in the process.

Bailiffs have two main tasks - monitoring payments and collecting alimony in case of delay. Many parents deliberately shirk their responsibilities by not coming on call and not making payments. After that, the debt collection procedure begins. Bailiffs have powers, however, due to their high employment, they may not do this. To force the debtor to pay, you need to go to court. Before that, you need to contact the bailiffs and get a certificate confirming the existence of the debt and its amount. After that, a claim is drawn up and submitted for consideration.

When the court makes a decision on the forced collection of a debt, you need to go to the bailiffs and give them this document. They will take steps to receive funds and transfer them to the maintenance of the child.

Documents for the recovery of alimony

The maintenance of children until the age of majority is the responsibility of the parents. If the children do not receive financial support, the money is collected in court and is called alimony. Parents must make maintenance payments from all types of income, a complete list of which is contained in government Decree No. 841 of July 18, 1996. If a non-working parent has no income, you can try to negotiate with him on the voluntary payment of alimony, and if mutual understanding is not reached, contact court.

How to collect alimony

Fixed part of earnings

According to the Family Code of the Russian Federation, child support is: 1/4 of the income - for 1 child, 1/3 - for two children, ½ - if there are three or more children. In the absence of earnings, debt accumulates, which is determined on the basis of the average wage in the country.

A fixed amount of child support

The bailiff service has the right to recover the debt from the debtor's property. Alimony from the unemployed receiving benefits is kept by the employment services.

Package of documents for filing a claim for the recovery of alimony

It is necessary to apply to the court with a statement of claim or an application for a court order for the recovery of alimony. This package may be supplemented by other documents, depending on the specific case.

The following documents are always required:

• marriage and divorce certificates (copies);
• birth certificates of children (copies);
• certificate stating that the children are dependent on the plaintiff (issued at the place of residence);
• claimant's income statement;
• certificate from the place of work of the defendant on wages indicating other possible deductions on writ of execution (optional);
• confirmation of the circumstances that led to the filing of a claim;
• statement.

For claims for the recovery of alimony, the plaintiff does not have to pay state duty. This fee is paid by the defendant in a fixed amount, regardless of the amount of alimony.

The procedure for issuing a court order

The court issues a judgment within five days. This simplified procedure does not provide for a trial and hearing of the arguments of the plaintiff and the defendant. A copy of the court order is sent to the debtor, and he has the right to challenge the execution within 10 days. If objections are received, the court cancels the court order, otherwise the order is transferred for execution to the bailiff

An order may be issued under the following conditions:

• Absence of proceedings regarding the establishment of paternity and the need to involve interested parties.
• Calculation of alimony as a share of the parent's income. Fixed amounts of alimony are not collected by court order.

An application for a writ of injunction must contain the following information

• Name of the court.
• Surname, name, patronymic of the applicant, place of residence.
• Surname, name, patronymic of the debtor, address, date and place of birth, place of work (if any).
• A statement of the requirements and circumstances that led to the application.
• Confirmation of the validity of the requirements.
• List of attached documents.

A statement of claim to the court for the recovery of alimony is drawn up in a similar way, but it is necessary to indicate the amount of alimony with the calculation. Justices of the peace deal with the recovery of alimony, except for cases with contesting or establishing paternity (maternity), deprivation of parental rights. These matters are under the jurisdiction of the district courts.

This video will help you better understand the procedure.