The father does not want to be engaged in raising children - depriving parental rights? What to do if the father does not pay child support What to do if the father does not pay.

When the debtor goes into hiding and refuses to financially support the children, then it is possible to receive alimony from the state. For this, a survivor's pension is drawn up in the pension fund.

It often happens that all attempts to collect alimony are in vain. The debtor hides his place of residence, and the child is deprived of material support from the second parent. It used to be very difficult to get child support payments. It seems that both the court decision is in the hands of the claimant, and the bailiffs made the calculation, but the debtor evades the fulfillment of obligations.

But in 2018 the situation changed. If within a year there is no news from the hiding parent, then you can go to court to recognize the alimony as missing.

The court will take into account the fact that there is no way to establish where the debtor is. He will check if the results of the search and interview of witnesses have given.

The basis for obtaining state support is a court decision on recognizing the alimony as missing. The Pension Fund of Russia will transfer the alimony for the debtor.

Duration of payments

There are two advantages to receiving survivor benefits over child support:

• Payment term. The survivor's pension is transferred up to twenty-three years, if the recipient is studying full-time in an educational institution (Article 10 of the Federal Law "On Insurance Pensions").
• Retention of the right to child benefits in the event of the adoption of a child. The right to child support in the event of adoption is lost.

Alimony is paid by the state even if the woman officially registers a new marriage union, and the man adopts or adopts her children.

Where to go

To receive payments, you need to contact the following organizations:

1. To the specialists of the bailiff service to find the defaulter.
2. An application must be submitted to the court for recognizing the debtor as missing (Art. 276 of the Civil Procedure Code).
3. Apply for a survivor's pension to the territorial branch of the pension fund.

Only an interested person can file a statement of claim. That is, the ex-spouse can apply, since for her the court decision will be the basis for receiving benefits.

Payment amount

To calculate the size of the pension payment, you need to multiply the individual pension coefficient of the debtor by the cost of one personal coefficient as of the date of granting the pension (Article 15 of the Law "On Insurance Pensions"). For 2018, one pension coefficient is 81.49 rubles.

If the father does not pay alimony and is recognized as missing, then an additional payment is assigned to the pension (Article 16 of the Federal Law "On Insurance Pensions"). The size of this payment is 2,490.45 rubles.

If the single mother was the breadwinner, then the IPC and the fixed payment are doubled.

If the debtor has not worked a single day, a social pension is assigned. The size of the social pension is 5,034.25 rubles per month. Also, social benefits are transferred if the breadwinner died as a result of illegal actions of the dependent.

Documents

Before assistance from the state is assigned and paid, you need to collect documents for going to court. These include:

• statement of claim;
• the passport;
• a copy of the judicial act on the recovery of alimony;
• resolution-calculation made by the bailiffs on the amount of debt;
• fSSP decree on the declaration of the debtor's search.

When a positive decision is made, you can begin to prepare documents for the FIU.

Five documents for the appointment of a pension under the SPK:

• statement;
• the passport;
• child's birth certificate;
• certificates, contracts, orders, other evidence of the breadwinner's work experience;
• a judicial act on recognizing the alimony as missing;
• certificate of registration of the marriage union or its dissolution.

You can clarify what other documents you will need from the employees of the pension department at your place of residence.

Receiving procedure

The procedure is as follows:

1. Apply to the bailiffs service with a statement to search for the debtor.
2. Wait twelve months for the result of the search activities. According to the law, the bailiff must monitor the period of being wanted by the defaulter. But the bailiffs' services are overwhelmed with cases, so the claimant has to take care of himself on his own.
3. Submit a petition to the FSSP for clarification of the further procedure for action, if the bailiff does not provide an explanation of what to do next.
4. Go to court if there is no information about the location of the debtor at his place of residence for twelve months. The judge will send inquiries to the bailiff service (FSSP) for information about the debtor. Previously, these issues were dealt with by the internal affairs bodies. But now inquiries about the location of defaulters are sent to bailiffs.
5. Wait until the decision is made on recognizing the person as missing.
6. Get a judgment.
7. Collect the necessary documents and contact the regional branch of the PFR. In the pension department, you need to fill out an application for the appointment of a pension under the SEC.

Documents can be transferred in person, through a representative or the “My Documents” public service center.

Twelve months for the search for the debtor are counted from the moment the order was made to search for the defaulter.

Example ... Mikhailova Nadezhda tried to collect alimony from the child's father. But the man successfully evaded paying them: he hid his income, moved to another city. I couldn't find him. Enforcement proceedings were instituted on November 16, 2017. Then the woman turned to the FSSP service to find her husband. The application was submitted on April 13, 2018. If there is no information about the debtor by April 13, 2019, then there will be grounds for recognizing the debtor as missing.

Alimony from the state is appointed from the day the specialist of the pension department accepted the documents and issued a receipt indicating the date of their receipt. If not all certificates are presented at once, then the specialist of the pension department will explain what else needs to be provided.

You need to have time to collect the missing papers within three months. If you meet this deadline, then alimony from the state is appointed from the date of the initial appeal.

Grounds for termination of payments

There are the following grounds for the termination of transfers that were paid by the state:

• The onset of majority, and in the case of studying in educational institutions of our country or abroad - twenty-three years.
• Establishment in court of the fact that the beneficiary has committed acts that led to the death of the parent.

If you do not submit in time a certificate of the child's studies, then the payment of alimony for the debtor will be terminated.

Many women stay awake at night wondering what to do if their father doesn't pay child support. Indeed, what methods of influence can affect a negligent parent?

Collapsing treaty

One of the ways to obtain financial support for minor children is a verbal agreement or the conclusion of an amicable agreement. This means that the ex-spouses managed to agree on the payment rules and the amount of child support without a trial. But how to act if the child's father does not pay child support, in every possible way avoiding compliance with the contract?

Situations with an oral agreement and a peace agreement are slightly different in terms of the algorithm of actions.

Many women in vain expect that verbal agreements will become a 100% guarantee of the decency of their ex-spouse. In the absence of documentary evidence, no one will give insurance. In this case, two scenarios are possible:

if a dialogue is possible, then oral agreements must be recorded in writing and certified by a notary;

if one “fine day” a man suddenly becomes “deaf, blind and dumb,” then he will have to knock out child support through the courts.

How to make the child's father pay alimony under the terms of the notarial world? Unfortunately, again it will not be possible to do without a trial.

The importance of the world text

Before signing a settlement agreement (it doesn't matter - before or after the conflict), try to get competent legal advice. In the text, you need to provide for all force majeure, and for this, without hiding, tell your lawyer about the circumstances, take off your rose-colored glasses and make the most accurate portrait of your spouse.

On a note! A literate world text will provide invaluable assistance in court proceedings, and it will be easier for you to get what is due.

In particular, the text should provide for the following nuances:

if the father loses his job, then how is the maintenance paid: in such cases, payments are sometimes prescribed in a fixed form so that they are not tied to the amount of income;

are there any compensation for delays ("penalties" in addition to those prescribed by law can encourage dad to pay on time).

Why not paying: argumentation is the way out

Let's consider the most common cases when the father refuses to pay child support, and how to fix the problem.

Irresponsible attitude to their duties - compulsory collection with the help of bailiffs on the basis of a judge's ruling.

Unemployed who is in no hurry to find a job, in order not to financially support the former family - bringing to administrative or criminal liability.

Believes that ex-wife does not spend money as it should, - drawing up an amicable agreement, where all the conditions will be spelled out.

Dodging fathers need to know that people with disabilities, pensioners and unemployed pay maintenance (the amount is charged from their monthly state allowances). Does a father who has been deprived of parental rights pay child support? Yes, no exception will be made for him either.

Algorithm of actions

To get help from a careless dad for his own children, you need to file a claim in court. The court will take into account all the details, including:

the marital status of the defendant;

his income and the method of obtaining them;

social status;

the plaintiff's claims;

the needs of the child.

It is clear that it will be possible to demand more from a successful entrepreneur than from an unemployed or disabled person, but in all cases the judge will impose on the defendant the obligation to fulfill the obligations set forth in the law that arise from the parents after the birth of the child. We are talking about material support, regardless of whether a man and a woman are in an official marriage or not.

The result of the court will be the receipt of a writ of execution, which can be sent:

at the place of work;

to the pension fund (if the defendant is a pensioner);

bailiffs.

On a note! On the basis of Article 107 of the Family Code, alimony can be collected for the last 3 years at any time before the child reaches the age of majority and 3 years after it.

What will help stimulate?

The legislation provides for certain points that help stimulate alimony workers to transfer money:

seizure of property and accounts in the event of debt (this measure is very effective when working with wealthy dodgers);

filing a claim for deprivation of parental rights (often just a threat to file such a claim is enough);

accrual of a forfeit or fine;

arrest for 15 days or 150 hours of compulsory labor;

bringing to criminal liability, including in case of unwillingness to find a job for more than 3 months or with intentional concealment of income.

On a note! In six months of 2017, almost 64.5 thousand administrative cases were initiated against the deviating fathers in Russia.

To implement drastic measures, you need to submit an application with a request to initiate a criminal case:

bailiffs;

to the prosecutor's office;

to the police station.

Important! In the near future, it is planned to amend the legislation, which will make it possible to recognize alimony in court as "missing" and to pay their children a survivor's pension.

How to make the bailiffs work?

For the sake of fairness, we will say that the bailiff service should monitor the timely execution of the court order and delays. The plaintiff should not run and knock out what is required by the law for children. But in practice, a situation often arises when the father is in no hurry to pay, and the bailiffs do not show the necessary zeal. To break the deadlock, you must:

obtain from the bailiffs a certificate of the amount owed;

lodge a complaint with higher authorities so that they can monitor the progress of the case and the efficiency of their subordinates;

with the issued certificate, submit another claim to the court for calculating a penalty;

the received court decisions shall be transferred to the bailiffs again.

How to prove the absence of payments?

Many have difficulty in presenting evidence to support malicious alimony evasion.

How to prove that the father does not pay child support? The court can be provided with:

certificates from the accounting department from the place of work about the latest transfers;

bank statements about the latest receipts;

certificates from bailiffs about the presence of debt;

video and audio materials, where the debtor talks about unwillingness to pay the bills;

notes and SMS notifications of the same content;

testimony of witnesses confirming the fact of evasion of providing for children.

It is better not to engage alone in the fight against a malicious alimony, but to use the help of a competent lawyer. Remember that only in exceptional cases does the judge take the side of negligent fathers. And the reason for this must be respectful.

Quite often you can find a woman who brings up her child alone. Fathers are not always willing to help raise their children. In order not to pay alimony, they evade obligations in various ways. In order to help women raising their offspring alone, the state has developed a draft law providing for alimony from the state.

The essence of the bill

Even before 2014, the authorities of our country developed a draft law stipulating the payment of child support for the debtor by the state.

It contains items:

• The minimum amount of payments. It is assumed that it will not be less than the size that was assigned by the court.
• The maximum amount of monthly payments can be only fifteen thousand rubles.
• Lack of payment of alimony, since the payer:
  • has no money and property;
  • officially wanted;
  • under Art. 157 - on non-payment of maintenance to children;
  • and doesn't work there;
  • drafted into the army;
  • recognized as a legally incompetent citizen by the court.

As soon as circumstances change, the payer begins to pay alimony. He is also obliged to pay the entire debt in the amount that the state paid for him. In addition, the defaulter is subject to a sanction of ten percent of the amount owed and other measures that depend on.

Important! The state makes alimony payments only until the offspring is eighteen years old. For information, the payer himself pays maintenance until he turns twenty-four, if he is in full-time study.

• State alimony is appointed by a representative of justice on the basis of a certain package of documentation. This includes confirmation of the actual absence of payment or the impossibility of transferring money.
• You can receive alimony at the expense of the state only if you have:
  • Court order or writ of execution.

If a woman verbally agreed with the child's father on the payment of alimony, she will not be able to receive state alimony. Here, it is the documentary burden of the payer that is necessary.

• The bailiff initiates a case on the absence of alimony on the basis of the recipient's application. A prerequisite is the absence of payments for six months. The bailiff submits papers to the police to declare a careless parent on the wanted list. After that, you can send the case to court for the appointment of state alimony.

This bill provides for many more additional points for the appointment of state documents. But, since many disputes and debates have arisen in connection with it, there is no such law to date, and alimony payments by the state have not yet been provided. Despite this, women raising a child on their own are provided with material assistance in the form of a small allowance.

Payment of benefits

There is no single legal framework for the payment of additional benefits to parents raising a child alone, with a living second parent. , regional authorities may establish an increased allowance for a parent not receiving child support. But, most often, this fee is significantly lower than the expected state alimony.

When a parent refuses to pay child support in the presence of circumstances:

• search for a parent through the structure of the Ministry of Internal Affairs;
• finding the payer for compulsory treatment;
• arrest or imprisonment.

The payment of an increased allowance can be formalized in the social protection of the city of residence. To do this, you need to collect a certain package of documentation.

There are several circumstances in which eligibility for the increased benefit is lost:

1. Execution of the offspring of eighteen years.
2. Adoption of a child. After this, the offspring will be required to support his new legal representatives.
3. Leaving the life of the payer or child.
4. Termination of the circumstances that were the basis for the appointment of the payment.

Subsequently, when the payer begins to pay alimony, he must pay what was paid by the state. Also, for the period of non-payment, the bailiff will accrue alimony arrears to negligent fathers based on the average earnings in the country. In any case, the payer will have to pay this amount to the child. The recipient, in turn, has the right to demand a forfeit for amounts not paid on time. It is charged in the form of 0.5% for each day of delay. To recover it, it is necessary to draw up an individual statement of claim to the court and attach the corresponding calculation.

Documents and registration procedure

To receive an increased child allowance from the state, a woman must collect a package of certain documentation:

• application - filled out on the spot;
• applicant's identity card;
• documents for children;
• divorce certificate;
• papers confirming the applicant's income or lack thereof;
• documentary evidence of the child's residence with the applicant;
• information from the police that the parent is officially wanted;
• other documents confirming the absence of payments received and the impossibility of collecting alimony from the parent.

Important! Receiving an increased allowance from the state does not exempt from the obligation to pay alimony from a parent. In any case, he will have to repay the debt to the child. Sometimes, even with interest.

How to get alimony from the state if the father does not pay? This question interests many women. To do this, you need to adhere to a certain order of actions:

1. An increased allowance from the state can only be obtained if there is an executive document. Therefore, the first step for processing a payment is to obtain one of the documents:

• notarial agreement, drawn up by agreement of the parties;
• court order;
• performance list.

1. The second step is to contact the bailiffs. If within six months they cannot find the payer or, then they put on the wanted list for the careless parent.
2. After that, you can contact the social protection of the population for the appointment of an increased benefit. Only, you need to be prepared, sometimes you have to confirm monthly that the parent is on the wanted list.

The assignment of assistance to the parent is determined by the social protection authority at the place of residence of the recipient. Specialists have the right to independently check whether the parent pays child support. And if he has lost the right to receive an increased allowance, and he did not inform about it, he can be prosecuted. Therefore, it is important to know all the conditions for providing such payments. When submitting the documentation, social security specialists take a receipt from the applicant stating that he is obliged to inform the authority about all changes.

For this period, the bill on the payment of alimony has not been approved by the state. Whether it happens or not, now few people can answer. Of course, this support for many women would be helpful, because few fathers properly take the obligations regarding children. But, the parent has the right to receive only help in the form of payment of an increased monthly allowance. The state does not pay alimony now. If the ex-husband evades the obligations of the parent, you must contact the FSSP.

Alimony is the maintenance provided by the father after the divorce from the child's mother. This obligation follows from another, according to which parents have equal obligations in relation to their joint child. Therefore, they must keep the common child together.

In practice, it often happens that after a divorce or even without waiting for a divorce, a man stops allocating money. Knowing what to do if the ex-husband does not pay child support and does not work, you can get support, if not in full, but at least in part.

Alimony is set in different ways. The first option is not the most successful: a verbal agreement. The parents themselves decided how much and when to give for the child. This was done orally, because there is no documentary evidence. This option is based only on the personal decency and responsibility of the child's father.

If he stops paying, he will need to go to court or conclude a written agreement. Providing the maintenance of the child, the man each time takes a receipt, which indicates the purpose of the money. He will be able to prove that he fulfilled his duties if the woman wants to collect money from him for the alleged previous period.

The second way is to conclude an agreement certified by a notary. In it, parents determine the procedure, amount, terms of payment, distribute additional costs, for example, for recreation, health improvement, treatment, sports and other events, training. You can set the indexing order in the agreement. This is the best way to solve financial issues, as it requires dialogue and the ability to negotiate.

The third is the most controversial: going to court. The man does not make contact, does not want to go to the notary, does not want to support the child. The only way is to go to court. The process of establishing alimony is not complicated, but due to the workload of the court or the timely sending of responses to requests, it can be delayed. After the decision is made, it can be appealed, which will delay its entry into force and the receipt of a writ of execution for several months.

Content size

The law establishes that, as a general rule, a man transfers alimony as a percentage of his income. The percentage will depend on the number of children. This method is good when the child's father has a stable income.

If a man works unofficially, or receives a salary "in an envelope" - you can establish alimony in a fixed amount.

Unemployed father

You need to try to find out the reason why the father does not pay child support for his child. This can be done based on the relationship that developed after the divorce. It's one thing when he just feels sorry for money because he remarried, and completely different if he lost his job. Meanwhile, the lack of work is not a reason to stop supporting the child.

The man lost his job and, during the period of his search, turned to the labor exchange in order to obtain the status of unemployed. He will receive benefits for a certain period of time. Based on their size, he will transfer funds to the child.

If he did not apply to the employment center, then he will have to pay based on the amount of income at the previous place of work or on the average earnings in this area in the region.

Another situation is when the child's father does not work due to disability or retirement age. To determine the amount of alimony, all types of income are taken into account, including pension. However, in such a situation, there is one nuance: if the income is below the subsistence level, then the state must pay alimony.

Alimony relations arise between relatives and are expressed in the material support of those in need. The main number of alimony cases are related to the maintenance of minor children. Child support does not always mean parental divorce.

Citizens can establish their obligations to support children voluntarily by signing an agreement with a notary. If there is no way to reach a compromise, then the interested party will need to go to court with a claim for the appointment of alimony. In the first case, the agreement establishes the rules and the amount of maintenance for a certain period, not necessarily children up to 18 years old. The notary checks the document for the protection of the interests of the child and signs the agreement. If it is not possible to sign a peace treaty, then the issue is decided by the court.

A claim is filed with the court demanding the maintenance of the child. If information about the place of registration of the defendant and his official employment is provided, then alimony is assigned in a simplified manner. The judge issues an order that reflects the standard assignment: 1/4 for one child, 1/3 for two, and 1/2 for three or more children. A copy of the order is sent to the defendant, who has the right to challenge the document within 10 days. In this case, the process is carried out in full and a decision is made. Both parties are invited to the meeting, who are competing in the dispute.

A pronounced decision can also be appealed to a higher court if the decision does not suit one of the parties. Quite often, the question of the purpose of maintenance is associated with a number of related issues: the place of further residence of children, the establishment of paternity, or other disputes. Issues can be resolved in one proceeding or indirectly, according to claims.

In addition to the percentage (share) calculation, the second method can be chosen: fixed (firm) payments for the child. The coefficient is set to the minimum wage, which is regularly indexed. This method of payment is chosen if the defendant is not officially employed and will have to transfer funds on his own. It is the lack of official earnings that most often leads to problems with delays in payments.

After the final appointment of alimony and the entry into force of the decision, a long period of enforcement proceedings begins. The bailiff service opens a case on the execution of a court order or decision. The writ of execution is sent to the accounting department of the enterprise where the payer works.

Not later than three days after the calculation of earnings, the administration of the enterprise transfers funds to the account specified in the writ of execution. Upon the dismissal of the payer, the information is transferred to the FSSP and the bailiff continues to collect upon subsequent employment.

If the parent evades payments for more than six months, then a criminal case is initiated at the request of the plaintiff. The compulsory procedure begins with a preliminary notification of the defendant, he is given 5 days to voluntarily repay all debt. If the instruction is not followed, then the bailiffs come to the apartment of the unscrupulous father and describe his property, including the car, and seize bank accounts. The evader must remember that there is no statute of limitations for alimony, the debt will accumulate until the child is 18 years old.

The parent will have to answer if an adult child files a claim for the entire amount owed after 18 years of age. A child who at one time was deprived of material support will be able to sue the heirs of his parent in order to collect the debt. Leaving aside the moral aspect of the issue, it will not be possible to financially hide, since after the first official employment, 50% of earnings will be charged to pay off obligations to abandoned children.

The same rule applies when an unscrupulous parent receives an old-age pension. If the child or his representatives want, they will collect the alimony arrears from the pension. It is unlikely that you will be able to hide from justice for the rest of your life, punishing innocent children. The law always protects the interests of the child, so the mother can file a claim for alimony in the last three years. You will need to explain to the court why the claim was not filed earlier, for example, in the absence of information about the place of residence or work of the defendant.

The defendant can try to reduce the amount of alimony if he has proven circumstances. For example, having children in a subsequent relationship, losing a job, financial hardship, or a serious illness. As long as the justice does not recognize the arguments of the payer as a basis for reducing alimony, it is required to comply with the initial court order.

The payer should take into account that if there are alimony debts, then a positive decision on the claim to reduce payments will not be received.

If the parents were not registered, then the issue of the appointment of alimony is decided after the establishment of kinship, that is, paternity. If in the birth certificate the father is recorded from the words of the man, that is, he himself declared his paternity, then there will be no difficulties with the appointment of alimony. If in the document the father is indicated from the mother's words or there is a dash in the column “father”, then before determining the alimony, you will need to go through the paternity establishment procedure.

A man has the right to refuse to undergo a genetic examination, but the refusal will serve as a basis for considering circumstantial evidence. After the recognition, the question arises of entering information into the registry office book, and considering a claim for child support. Litigation is even more difficult if the child was born after the death of the father to a woman who was not registered with him. A legal dispute over the recognition of a deceased child as a father arises due to the division of the hereditary mass and is quite fierce with other relatives of the alleged father.

Genetic research has the right to request the father officially entered in the children's documents. If the result turns out to be negative, the question arises of canceling alimony. The dispute can be resolved in favor of the opposing side, sometimes a man who is not a biological father is ordered by the court to pay for the maintenance of a child born in a legal marriage.

The law allows bailiffs to apply a significant number of punitive measures against non-payers. For example, everyone knows that if there is a debt, a citizen will not receive permission to travel abroad. If the amount of the debt under the cumulative enforcement proceedings exceeds 10 thousand rubles, then the debtor loses his driver's license when checking on the roads. After full repayment of debts, the driver's license is returned. We must not forget that the information about the deposit of funds is not immediately entered into the database, for some time the citizen continues to be considered a debtor.

In life, there are situations when the wife refuses to take funds from the child's father and allow the man to participate in the child's fate. In this case, lawyers recommend that the father transfer the required alimony to a savings deposit in the name of the child. He will be able to use the funds on his own when he becomes an adult. Another situation is when the father believes that the mother spends the alimony received on her own needs, depriving the child.

A way out of the situation can be found by a court decision. The judge has the right to divide the alimony received and oblige to pay part of the mother, and transfer the other part to the child's account. There is always a fair way out if parents wish the well-being of their children, even ruining personal relationships. Sometimes, when the enforcement proceedings are opened and the defendant is notified, it turns out that the father does not live at the specified address. The recipient of alimony can write a statement to the police and the dodger will be declared on the all-Union wanted list.

When a parent is on the run, with a difficult financial situation for the mother, the child is paid the minimum allowance. After the parent is found, he will have to return the funds to the state, taking into account penalties and penalties. In life, difficult circumstances may arise when the father who previously paid alimony cannot fulfill obligations on time. You should negotiate and ask for a reasonable delay by writing an application to the bailiff service.

A delay can be provided for two to three months if the circumstances are really convincing and were not previously available. The decision is made by the mother of the child, and if she does not agree to a postponement, then funds will have to be found. Since alimony is usually paid for a long period, the marital and social status of the participants can change several times. Therefore, the amount of payments may change, the amount of alimony may increase or decrease.

Any change or termination of payments can be made after subsequent judicial review, not earlier. The child must receive support from a parent who lives separately. The amount of assistance remains on the father's conscience, but the amount assigned by the court will have to be paid in any case.

What happens if you do not pay child support