Recovery of child support debts

Recovery of arrears for maintenance is a significant problem, which is still relevant today. Former spouses harbor their property and incomes, hide from bailiffs and recoverers, and in many cases are simply antisocial people who basically do not want to pay for the maintenance of their children.

Arrears payable arise when the person who is obliged to pay them and the person who has the right to these payments enter into a payment agreement, or there is a court decision for the recovery of alimony, but in fact payments are not made.

Recovery of maintenance debts is carried out within a three-year period that preceded the presentation of an agreement on their payment (notarized) or an enforcement sheet issued as execution of the judgment. If the retention was not due to the fault of the person who was required to pay this money, then the debt can be recovered for the entire time, regardless of the three-year period.

The actions that lead to debt formation are expressed by the failure to comply with the lawful requirements of bailiffs, providing false information about their property rights, non-notification of leaving their jobs, finding a job for a new job, obtaining other income or changing their place of residence.

The amount of funds to collect debt for maintenance payments is determined from their amount established by a court decision or agreement on their payment. In the event that the obliged person did not work or did not provide documents on income in the period when it was supposed to pay alimony, the debt is determined from the amount of the salary that was accrued at the time the debt was collected .

If a significant violation of the interests of one of the parties in the alimony obligations occurs during the determination of the debt, the victims can apply to the court, where they determine the amount of the debt, based on the material and family situation and the situation and other circumstances that deserve attention. Recently, in legal practice, it often happens that in addition to the amount of money, additional funds are recovered in order to reimburse the cost of clothing or medicines, as well as partial or full compensation for sanatorium treatment or rest for children on given checks.

Either party may appeal its disagreement on the determination of the debt by the bailiff in the manner prescribed by procedural civil law.

Under changing economic conditions, alimony indexation is carried out . This is necessary to ensure that the recipient has the same level of content.

The law provides for two types of liability for improper performance of obligations under alimony. Civil legal responsibility occurs when untimely payment, criminal - in case of malicious evasion from reimbursement of expenses for the maintenance of children. In the first case, if there is guilt of an obligated person, they must collect debt on alimony together with a penalty, which is half of a percent for each day of delay from the total amount of the debt.

These measures are not applicable to the payer if the debt was created due to the guilty actions of other persons, for example, in case of late payment of wages, improper transfer or delay of alimony by the bank, etc. The payer of alimony may be held liable on the basis of the court decision on the application of the recipient.

Also, the recipient has the right to demand compensation for all losses that are not covered by the forfeit, and to recover the debt. Documents for this purpose are transferred to judicial or executive bodies.